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28 days short for ILR

Posted: Thu Nov 29, 2018 11:51 am
by AnnaNag
Hi
I am writing to request some guidance regarding 28 days being short to be able to apply for ILR. I have renewed my Tier 2 dependent visa recently and these are my current dates

Current BRP(Valid Until):- 26/11/2021
Current BRP(Place & Date of Issue):- UK 26/11/2018

Previous BRP (Valid Until):- 09/11/2018
Previous BRP(Place & Date of Issue):- UK 10/01/2017
The date I entered UK - 17/02/2017

Based on this I will be eligible to apply 28 days(19/12/2021) before 5 years(10/01/2022)
But the current grant of leave they have given is 26/11/2021. That means I will be 28 days short exactly to be able to apply for ILR. Is it possible to go for administrative review and explain them the sitation or should I have renew my Tier 2 once again??

Thanks and Regards
Annanag

Re: 28 days short for ILR

Posted: Thu Nov 29, 2018 2:58 pm
by zimba
You should apply for an extension and then vary the extension application if undecided, to ILR later when eligible

Re: 28 days short for ILR

Posted: Fri Nov 30, 2018 1:07 pm
by micasa
I am in a very similar situation - I am 18 days short when I reach 5 year (less 28days) next year. I knew I can renew the current visa to bridge the gap but wanted to find a way to avoid it because of the money, especially I have to go for a premium option as I travel frequently for work. I asked a couple of solicitors but the recommendations have been to renew, although there used to be a way to get around it using a postal service before the new system was introduced. The renewal is a real pain in the wallet. I am renewing my current visa NOW to at least take advantage of the lower NHS surcharge, which will go up from £200 to £400 per year. Oh why did I not think about this when I first renewed the dependent visa - I could have waited another month!

I am not an expert, but you still have time. Keep an eye on how things change over the next couple of years.

Re: 28 days short for ILR

Posted: Fri Nov 30, 2018 4:06 pm
by zimba
You will not lose money if you manage to vary the application before a decision is made