ILR on Tier 2 General Migrant - 5 year

[Shwetha14]

Hi All,

Not sure if i am eligible to apply for an ILR or needed an extension.

Currently i have a visa which is due to expire on 14th Jan 2020.

Visa Start date as per BRP -04/03/2015
Visa Expiry date -14/01/2020
Entry clearance date (in passport) - 28/02/2015

When our employer applied for COS they had given validity of 01/01/2015 to 31/12/2019 ( 5 years)
and COS was approved on 14/01/2015 and applied for visa from home country on 16/02/2015.
considering the entry clearance date in the passport i am short of 1 month 15 days for 5 years visa.

But in one of document, i read the below
"Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

What does "the date of application" refers to? --> is it the date which we applied for visa?
I think "the date of decision" is the entry clearance date?

Thanks

[CR001]

When our employer applied for COS they had given validity of 01/01/2015 to 31/12/2019 ( 5 years)
and COS was approved on 14/01/2015 and applied for visa from home country on 16/02/2015.
considering the entry clearance date in the passport i am short of 1 month 15 days for 5 years visa.

Your clock for ILR starts from the date your visa was issued.

But in one of document, i read the below
"Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

What does "the date of application" refers to? --> is it the date which we applied for visa?
I think "the date of decision" is the entry clearance date?

No it does not refer to the visa application date or decision date for initial visa.

The paragraph specifically refers to the date of the ILR application. The paragraph clearly states settlement and counting backwards.

[Shwetha14]

When our employer applied for COS they had given validity of 01/01/2015 to 31/12/2019 ( 5 years)
and COS was approved on 14/01/2015 and applied for visa from home country on 16/02/2015.
considering the entry clearance date in the passport i am short of 1 month 15 days for 5 years visa.

Your clock for ILR starts from the date your visa was issued.
in this case, i needed a visa for another 1.5 months to become eligible for ILR. is that correct?

But in one of document, i read the below
"Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

What does "the date of application" refers to? --> is it the date which we applied for visa?
I think "the date of decision" is the entry clearance date?

No it does not refer to the visa application date or decision date for initial visa.

The paragraph specifically refers to the date of the ILR application. The paragraph clearly states settlement and counting backwards.

thank you

[Shwetha14]

Hi CR001,

my visa start date was 04/03/2015 and expiring on 14/01/2020, leaving 1 month 15 days short of 5 years. I believe I can not apply for ILR. I have to go with another extension before applying for ILR. Is that correct? Also how soon we can apply for extension? Please confirm.

Thank you.