ILR - 5 yrs period

[vidhyakrish]

Hi

I got my first Tier 1 visa on 2nd june 2009 which was valid until 2nd june 2012.

And i got it extended 25th May 2012 which then expires 25th May 2014.

2nd June 2009 - 2nd June 2012

25th May 2012 - 25th May 2014.

So does this 1 week gap not allow me to apply for ILR in May ?

Can somebody please help.

Thanks

[smartkhan]

When did you enter UK? The date?

[vidhyakrish]

I am in the uk since 2005.

I switched to Tier 1 2nd June 2009 - and in the uk at that time.

I went for a PEO appointment on 25th May 2012 - Now i am just worrying i should have waited until 2nd June 2012.

Is this going to stop me from not getting ILR?

Thanks

[smartkhan]

No. You can go for ILR for anytime before 25th May as long as the date you select is within 28 days before 25th May.

[argus7]

Yes u are 7 days short of 5 years
E.g it shl be

2nd June 2009 to 2nd June 2014

You need another extension

[vidhyakrish]

No. You can go for ILR for anytime before 25th May as long as the date you select is within 28 days before 25th May.

Thanks for your reply

[vidhyakrish]

Yes u are 7 days short of 5 years
E.g it shl be

2nd June 2009 to 2nd June 2014

You need another extension

Thanks for your reply. I am confused as to if i should go for a extension or ILR

[Yash001]

I think You don't need extension as you can apply 28 days before you complete 5 years. You can find examples in this forum who were in exactly same situation like you. Try to search them...

[smartkhan]

You don't need another extension. Go for ILR.

[sky2020]

You will be ok and can apply 28 days before 2nd June 2014 as long as new rule includes 28 days clause to apply.

there are confusion around people on same 28 days rule which was always before qualifying period of either initial visa date (if you come before 90 days) or date or entry (if you come after 90 days) and never relates to expiry of visa.

So if still have any doubts write to UKBA and confirm yourself.

S

[vidhyakrish]

You will be ok and can apply 28 days before 2nd June 2014 as long as new rule includes 28 days clause to apply.

there are confusion around people on same 28 days rule which was always before qualifying period of either initial visa date (if you come before 90 days) or date or entry (if you come after 90 days) and never relates to expiry of visa.

So if still have any doubts write to UKBA and confirm yourself.

S

Thanks for your reply.

Does the new rules come out April 6th?

Thanks

[vidhyakrish]

You don't need another extension. Go for ILR.

Thanks Smartkhan. I hope there is no change in 28 day rule from April 6th.

[sky2020]

I assume 28 rule is still there and just the interpretation people doing like its been removed. We probably need to wait for new form and rules april-14 which will possibly publish soon.

s

[smartkhan]

There is no change in the 28 rule. People are interpreting another 28 day rule wrongly. The changes in April will be for those people who may get rejection and will have 28 days to re-apply/appeal against the decision within UK.

[alxale]

I am in the same situation as you
Initial Leave - 10 June 2010 - 10 June 2013 (Entered UK 10 June 2010)
Extension - 2 June 2013 - 2 June 2015 (PEO Extension)

8 days shortfall

With this new change,
"(b) on the date that the continuous period of 5 years (or 4 years as
appropriate, as set out in (a)) ends, has leave as a highly skilled
migrant, and has spent the remainder of the period with leave as a
highly skilled migrant, a work permit holder or an Innovator; and "

I'm worried as we do not have "leave" at the end of the 5 year period (10 June 2015 for me) unless the 28 days rules exempts this (but this is not stated anywhere)

Does anybody know how to contact UKBA

[vidhyakrish]

I am in the same situation as you
Initial Leave - 10 June 2010 - 10 June 2013 (Entered UK 10 June 2010)
Extension - 2 June 2013 - 2 June 2015 (PEO Extension)

8 days shortfall

With this new change,
"(b) on the date that the continuous period of 5 years (or 4 years as
appropriate, as set out in (a)) ends, has leave as a highly skilled
migrant, and has spent the remainder of the period with leave as a
highly skilled migrant, a work permit holder or an Innovator; and "

I'm worried as we do not have "leave" at the end of the 5 year period (10 June 2015 for me) unless the 28 days rules exempts this (but this is not stated anywhere)

Does anybody know how to contact UKBA

I just finished my phone call with UKBA - which u can reach on 0300 123 2241 - you may have to try numerous times but keep trying.

they have confirmed i dont need visa until end 2nd june 2014 and i can apply anytime after 6th May 2014.(which is 28 days before 2nd june 2014)

thanks to everyone who has answered the query.