ILR 5 years counting dates
Posted: Mon Apr 27, 2020 3:00 pm
Hi all,
I did my PhD in the UK with a Tier 4 visa, which then got switched to Tier 2 general. I'm about to apply for an extension but I find a hard time to figure out if I will manage to get a total of 5 years at the ends of my extension to apply for IRL. I understand you can apply 28 days before the 5 years. I am trying to avoid paying an extra application for a short period just to fit the 5 year rule (or paying double the fees for a longer than 3-year application).
My visa history follows:
• Tier 4 for and applied for a switch to Tier 2 before the end of July 2018 (I worked in the university under Tier 4 limitations until Tier 2 BRP was received).
• Letter of approval of Tier 2 dated 13/09/2018.
• Due to delivery issues, they dated my BRP the 28/09/2018 (my family BRPs are dated the 13/09/2018 as they arrived without issues).
For the calculation of the 5-year stay required for applying for indefinite leave to remain, which date is used as the start date?
My idea was to get a contract extension that covers from my current end-of-contract date (26/07/2020) to the end date of my current leave to remain (09/08/2020) + 3 years new period (to be covered by Tier 2 Extension) + 14 days usually given by Home office after end-of-contract (expected end of new leave to remain 23/08/2023).
My calculations based on such extension (if applicable to a 3-year visa application) considering the 28-day rule, if over 59 months I should be able to apply for IRL without a further visa application?):
If the date to consider is the letter of approval: 13/09/2018 to 23/08/2023. 59 months and 10 days.
If the date to consider is after my previous tier 4 visa expired: 01/08/2018-23/08/2023. 60 months and 22 days.
If the date to consider is the BRP date of issue: 28/09/2018-23/08/2023. 58 months and 26 days.
Can you clarify what would be the actual period and if the suggested extension would be feasible with a 3-year visa application? Or what are your suggested alternatives?
Many Thanks,
I did my PhD in the UK with a Tier 4 visa, which then got switched to Tier 2 general. I'm about to apply for an extension but I find a hard time to figure out if I will manage to get a total of 5 years at the ends of my extension to apply for IRL. I understand you can apply 28 days before the 5 years. I am trying to avoid paying an extra application for a short period just to fit the 5 year rule (or paying double the fees for a longer than 3-year application).
My visa history follows:
• Tier 4 for and applied for a switch to Tier 2 before the end of July 2018 (I worked in the university under Tier 4 limitations until Tier 2 BRP was received).
• Letter of approval of Tier 2 dated 13/09/2018.
• Due to delivery issues, they dated my BRP the 28/09/2018 (my family BRPs are dated the 13/09/2018 as they arrived without issues).
For the calculation of the 5-year stay required for applying for indefinite leave to remain, which date is used as the start date?
My idea was to get a contract extension that covers from my current end-of-contract date (26/07/2020) to the end date of my current leave to remain (09/08/2020) + 3 years new period (to be covered by Tier 2 Extension) + 14 days usually given by Home office after end-of-contract (expected end of new leave to remain 23/08/2023).
My calculations based on such extension (if applicable to a 3-year visa application) considering the 28-day rule, if over 59 months I should be able to apply for IRL without a further visa application?):
If the date to consider is the letter of approval: 13/09/2018 to 23/08/2023. 59 months and 10 days.
If the date to consider is after my previous tier 4 visa expired: 01/08/2018-23/08/2023. 60 months and 22 days.
If the date to consider is the BRP date of issue: 28/09/2018-23/08/2023. 58 months and 26 days.
Can you clarify what would be the actual period and if the suggested extension would be feasible with a 3-year visa application? Or what are your suggested alternatives?
Many Thanks,
