8 days short of 5 year ILR

[jag_chandra]

Hi all,
I am 8 days short of completing 5 year ILR,
my dates are -
08 Mar 2010 - 08 Mar 2013
28 Feb 2013 - 28 Feb 2015

That leaves me short of 8 days of qualifying full 5 year period.

I have read other similar queries in this forum, few say, its OK as long as we apply within 28 days period , few say it was rejected for just 3 days short. None has said what they did in the end, So i'm unsure what to do.The issue is, i can't take risk as i have to leave the country if it gets rejected and can't apply on my category Tier 1 general any more outside UK as it has been changed.

Is there anyone who was short for few days and made successful application ? If so can you tell me procedure you used to apply i.e did you apply via solicitor or on your own ? Any help would be greatly appreciated.

Thanks in advance.

[razi.khan]

your 5 years will be completed on 7th of March 2015, so you can apply 28 days before which is well under your valid visa date i.e.28 Feb 2015.

[argus7]

Razi.khan is right, you need to have visa validity for 5 complete yrs. E.g 15th May 2009 - 15th May 2014 . Then you can apply 28 days before 15th May 2014.

Many have this question thinking that applying 28 days or less before the expiry will help, But in fact it wont as you have no visa validity for 5 yrs in the first place

[jag_chandra]

I asked one of the solicitors weblink removed by moderator who are specialized in Immigration , they think if there is a small short fall then there is no need to extend and applying within 28 days should work, I'll apply through them later this year. Anyone else who is doubtful about shortfall can ask them.

[saneej4u]

Hi jag_chandra,

I am in a same situation as yours(5 days short of 5 years), may i Know what happened to you application.
Is it ok to have few days short by considering 28 days thingy.

Kind regards
San

[CR001]

Hi jag_chandra,

I am in a same situation as yours(5 days short of 5 years), may i Know what happened to you application.
Is it ok to have few days short by considering 28 days thingy.

Kind regards
San

User jag_chandra has not logged in since 19 Feb and has not updated the forum on the outcome of his ILR application.

As you can apply within 28 days of reaching the 5 year residence requirement, you should be fine to apply. There have been many members with the same issue who have had success.

[saneej4u]

Thanks mate

You made my day:)

[Jacob123]

This topic has been discussed many times and I am in the same category short by few days - ILR due in April 2016 end.

For my peace of mind I had written a mail to workoperationalpolicy@homeoffice.gsi.gov.uk to confirm and they had indeed confirmed that there is no problem.
The answer was the following:
You are able to make an application up to 28 days before you would reach the qualifying period for settlement. Any application submitted prior to the expiry of your leave, will extend that leave under 3C of the 1971 Immigration Act until a decision is made on your application. As such, if you do not have a full 5 years leave, but the shortfall is 28 days or less, this should not affect your application for settlement.

Post this answer also I again wrote to doubly clarify and got following answer:
You can apply up to 28 days before you would reach the qualifying period, and as long as you apply before the expiry of your leave, your current leave would be extended under 3C.

I have stored the mail and will take a print out for PEO ILR extension. But based on this answer do not see a problem for you.

Thanks,
Jacob

[saneej4u]

Thanks Jacob.

[arfaisal]

Hi

I applied last year 2014 Oct for ILR same day service.

Tier 2 Visa Stamp date Entry Clearance : 01/11/2009

Landed in UK on : 17/01/2010 (within 90 days issuance of Visa)

5 years to be completed on 17/01/2015 however as per my Visa stamp date (01/11/2009) applied for ILR as per policy on 23 Oct 2014 (28 days bracket before 01/11/2014) via same day service.

ILR was granted within few hours on 23/10/2014.

Regards