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ILR question for Tier 2 - when is the earliest I can apply?

Posted: Fri Dec 13, 2013 3:58 pm
by john353
I have been on Tier 2 (gen) visa since beginning.

Visa valid from : 24 March 2009
Date of entry : 26 March 2009
Current Tier 2 visa expiry : 13 April 2014

I wanted to book an appointment at the earliest opportunity..... so wanted to double check if the earliest I can apply is 28 days before 24 March 2009 or 26 March 2009? Is the 90 day concession applicable for this case?

Posted: Fri Dec 13, 2013 10:28 pm
by wpilr_nov12
28 days leading to 24 March 2014.
Yes.

Posted: Mon Dec 16, 2013 3:14 pm
by john353
Thanks wpilr_nov12!

I think this statement in FAQ needs correction. It gives the impression that 90 day concession only applies if the current leave expires before completing the 5 year qualifying period.
Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.