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Hi friends,

My question is about the best date to apply for in person ILR if I will finish my 5 years on 14th Jan 2012 the date when I entered in UK but my visa is going to expire on 20th December 2011.

As per the current rule my application can be rejected if I will apply before 28 days of my qualifying period which will be 18th Dec (Sunday),2011 in my case.

There is another rule which is giving grace period of 90 dates in the completion of mandatory 5 year.

So to match both of the rules when should I apply?

Option 1) 28 days before my visa expiry date (20th Dec 2011), which will be 23rd November. In this case I will use total grace of 53 days.

Option 2) Exact 28 days before my qualifying period which will be 18th Dec. 2011. This will be just 2 days before my visa expiry date & will be risky due to any chances of rejection as well as give me no time to apply for further extension of my Tier 1/HSMP visa.

Option 3) 2~3 weeks before or closer to the date of my visa expiry which will be like early December. So that I will use minimum grace period & will get time for further extension of my current HSMP/Tier 1 visa in case of ILR rejection.

Your reply will be appreciable.

Cheers!

ABhishek

If your current leave expires on 14-Jan and you entered UK on this date 5 years ago, then the 28 day window opens on 17-Dec.

That gives you 2 working days to apply.

Thanks Mr. Mehta,

I am agree with you but 17th Dec is too risky in case my application will be rejected. In this situation I will not have enough time to apply for my current visa extention.

Hence, I am checking currently that wheather I can use 90 days relaxation given by UKBA? If yes then I can apply sometime in early december. If Not I have no other option to apply on 17 Dec. But in this case what will be the benefit of 90 days window.

I wonder if u can help me. I checked FAQ on ILR after sending this query. In FAQ it is mentioned by one of our friend that if visa is expring before qualifying date but it is less than 90, I can apply earlier then my visa expiry date. Now it will be 2 days or 28 days that I am trying to find.

Cheers!

Abhishek

Hello Abhishek,

I am also in exactly the same situation as yourself. 28 days before Visa expiry or 2 days is my question too.


Kind Regards
Ramura

Rule say if you will not complete 5 years before your EC date then case worker will check whether u enter in UK 90 days within EC issued.

So it could be 28 days before visa expiry or on the safer side 1~2 week before visa expire. It will give u some time to apply for extension in case your ILR is rejected.

Any idea what if our ILR is rejected after our visa expire. WIll home office allow us to apply for Tier 1 further extension? If yes then could u please suggest me the home office link for same.

Cheers!

Abhishek

1. How is applying 1 day before expiry of current leave more (or less) risky than applying 28 days before expiry of current leave? Any application is assessed on its merits ... not on the date of application!

2. If your application is refused on a date that your current leave has expired, then you'll be granted the right to appeal. You can only appeal the refusal ... and cannot apply for extension.

3. If you are really worried then:

sushdmehta wrote:Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

[quote="sushdmehta"]1. How is applying 1 day before expiry of current leave more (or less) risky than applying 28 days before expiry of current leave? Any application is assessed on its merits ... not on the date of application!

Thanks Sushdmehta for your quick reply.

I understand from your pt1 that it is better to apply on exact data ( less risky than applying before 28 days of visa) & then ILR application will depend upon my paper work & genuine documents which will qualify.

Actually I was thinking to apply 28 days before my visa expiry by using their 90 days bracket rule. So in any circumstances if my ILR will reject I will apply for further Tier 1 extension as I will some time left before my visa expiry. Because, as per your pt 2 I am not eligible to apply for further extension if my appeal also get rejected.

Thanks

Abhishek

So, Does that mean that the 90 Day grace period between the date of Entry and VISA issue date does not apply if the 28 days are within the Visa Expiry Date.
Even if the 2 days falls on a Saturday/ Sunday.
Also, those applying for Same Day ILR would need to book their place in advance and if the slot is not avaliable on that particular day (if its a working day), what do they do?