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Tier2 Gen to ILR (Dates shortfall)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rmandal
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Tier2 Gen to ILR (Dates shortfall)

Post by rmandal » Thu Jun 22, 2023 10:47 pm

Hello Everyone,
I need your expertise and experience regarding my case.
Below are my dates:
Visa Start Date on Passport (Vignette)- 24/09/2018
Vissa start date on BRP - 10/09/2018
Visa End date - 03/07/2023
UK Entry Date - 08/10/2018
As i will be falling short of 40days (calculation based on the earliest date as BRP Date).

I am planning to apply for Tier 2 Visa extension and then 'VARY' the application with ILR application when i will become eligible.

Need guidance on below question in the ILR application form :-
1.'Do you have any application with home office?'
What should i select Yes/No, I believe it will be 'Yes' and have to pass the reference number of the 'Tier 2 general extension application' - Please suggest..
2.' Do you have valid visa?' Yes/No - What should i select as at that time i will not have active/valid visa/brp with me.
If i select NO, it is asking to provide justification why do not have active visa?
If i select YES, it is asking for the expiry date of the Visa which will be in past at that time...so asking for again justification ..?
3. Do we need to provide, any cover letter or justification to VARY my Tier to Extension with ILR application.

Thanks

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zimba
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Re: Tier2 Gen to ILR (Dates shortfall)

Post by zimba » Fri Jun 23, 2023 12:38 am

When will your visa expire and how are you short of 40 days ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rmandal
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Re: Tier2 Gen to ILR (Dates shortfall)

Post by rmandal » Fri Jun 23, 2023 8:03 am

I am Calculating based on the earliest data in Passport Vignette date - 24/09/2018 and BRP start date - 10/09/2018.

So : '10/09/2018 + 5 Yrs - 28 Days' = 13 August 2023 So i am assuming from 14th Aug 2023 i am eligible.

As my BRP is expiring on 03/07/2023. So 13/082023 - 03/07/2023 = 41 Days.

Please suggest if calculation has any GAP.
Note: Passport Vignette date is later than BRP date (Reason: when i applied, i provided intended date of travel in 1st week of October 2018 hence HO has given me later date on Vignette to cover 1 month duration.)

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Re: Tier2 Gen to ILR (Dates shortfall)

Post by ABC_321 » Fri Jun 23, 2023 4:26 pm

There are several similar cases like this have gaps. Myself have 3 days gap, several others I saw here up to 45 days gap. I see experts here advised to application submit for ILR a day/two before current BRP expiry and delay biometrics until you fall with in +5 years -28 days

so If it is me I apply for ILR on 02/07/2023 and take biometrics on or after 14/08/2023.

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zimba
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Re: Tier2 Gen to ILR (Dates shortfall)

Post by zimba » Fri Jun 23, 2023 4:32 pm

rmandal wrote:
Fri Jun 23, 2023 8:03 am
I am Calculating based on the earliest data in Passport Vignette date - 24/09/2018 and BRP start date - 10/09/2018.

So : '10/09/2018 + 5 Yrs - 28 Days' = 13 August 2023 So i am assuming from 14th Aug 2023 i am eligible.

As my BRP is expiring on 03/07/2023. So 13/082023 - 03/07/2023 = 41 Days.

Please suggest if calculation has any GAP.
Note: Passport Vignette date is later than BRP date (Reason: when i applied, i provided intended date of travel in 1st week of October 2018 hence HO has given me later date on Vignette to cover 1 month duration.)
You may apply early for standard service before visa expiry, and delay biometrics for a month. That way by the time of your decision, you will be eligible for ILR. This way you avoid an extra extension application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rmandal
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Re: Tier2 Gen to ILR (Dates shortfall)

Post by rmandal » Fri Jun 23, 2023 4:50 pm

Thank you for your reply.

Could some one reconfirm if my calculation of Days are correct as i am reading Physical entry date should be considered not the Clearance date so little concerned on that one.

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zimba
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Re: Tier2 Gen to ILR (Dates shortfall)

Post by zimba » Fri Jun 23, 2023 5:23 pm

rmandal wrote:
Fri Jun 23, 2023 4:50 pm
Thank you for your reply.

Could some one reconfirm if my calculation of Days are correct as i am reading Physical entry date should be considered not the Clearance date so little concerned on that one.
The BRP date is good
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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