Do I need an extension or can I get ILR?

[cloval7]

Hello.

Another ILR query:

I am an American citizen who married my English Civil Partner in Vancouver, BC in late May 2006. At the time I was working in Seattle and we did not know how long the visa application would take. So we applied in June knowing I could not move to the UK until August. I specified this on the application that I submitted to the embassy in Los Angeles. The embassy were extremely efficient and I had my 2 year leave to remain visa back within a week.

I entered the UK on August 24th 2006, which is stamped in my passport. I have been living and working in the UK ever since. However my visa expires on June 28th and I am due to renew my visa indefinitely . In June I will have only been living in the UK for 22 of the required 24 months.

Can I apply for the ILR (28 days before) in June or do I need an extension? Will I still be eligible to work and travel abroad on an extension visa?

Thanks in advance for you help.

[VictoriaS]

Theoretically you need an extension, but it may be worth getting the records from the Embassy in LA to prove that they made an error in not putting the requested date of issue. You may then be able to get the extra 2 months needed for free.

Victoria