Immigrationboards.com

Hi

I entered UK in Feb 2008 on HSMP - extended my stay under Tier 1 General in Dec 2010 and my current visa expires on 2nd December 2012.

So I should be applying for ILR in NOV 2012.

My question is I will be completing 5 years only in FEB 2013
But my Currenty visa expires in DEC 2012
So if i apply for ILR in NOV2012 - I will be still short of 3 months to complete 5 years. Will this be a problem or not?

no specualtions please - i need only sure answers either people who have faced this situation before or who for sure know what they are saying.

thanks

I am in the Same situation except that I am in WP+tier-1. All are exactly the same including the date.

mrk0310 wrote:Hi

I entered UK in Feb 2008 on HSMP - extended my stay under Tier 1 General in Dec 2010 and my current visa expires on 2nd December 2012.

So I should be applying for ILR in NOV 2012.

My question is I will be completing 5 years only in FEB 2013
But my Currenty visa expires in DEC 2012
So if i apply for ILR in NOV2012 - I will be still short of 3 months to complete 5 years. Will this be a problem or not?

no specualtions please - i need only sure answers either people who have faced this situation before or who for sure know what they are saying.

thanks

Normally, the latest you can apply for ILR is 28 days before you complete 5 years. So calculate 5 years from your entry date and reduce 28 days from the resulting date for the latest date you can apply for ILR.

Now you said your visa expires in december. Did you enter UK after some months of your Visa start date? If so, you can calculate 5 years from the visa start date.

See the policy document below

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

No i don't think the reply answers my question

I did not enter after some months after my visa was granted.

when i applied for extension i applied 3 months in advance ( hoping the process will take 2-3 months) but they gave me the extension within 2-3 weeks and made the expiry to the day 3 years from the day of stamping the extension. So because i got the extension 2-3 months earlier my visa expires earlier than 5 years.

hope this is clear.

I have gone through through UKBA sites - there is nothing to clarify this scenario.

thanks

mrk0310 wrote:No i don't think the reply answers my question

I did not enter after some months after my visa was granted.

when i applied for extension i applied 3 months in advance ( hoping the process will take 2-3 months) but they gave me the extension within 2-3 weeks and made the expiry to the day 3 years from the day of stamping the extension. So because i got the extension 2-3 months earlier my visa expires earlier than 5 years.

hope this is clear.

I have gone through through UKBA sites - there is nothing to clarify this scenario.

thanks

I see the problem now. Unfortunately, you have to extend your visa in december and apply for ILR in february as per my knowledge of the current rule.

varghesejim wrote:I see the problem now. Unfortunately, you have to extend your visa in december and apply for ILR in february as per my knowledge of the current rule.

I agree

Varghesejim has correctly answered your question. But since you have told you applied for Tier-1 extension 3 months in advance, that’s where things went wrong. you should have not applied for extension this much in advance.

You will have to get a 2nd extension and then apply for ILR as soon as you complete 5 years.