Tier 2 to ILR with shortfall of 46 days for 5 years

[ukryan52188]

Hi Everyone,

Happy new year! Hope you all have a great start of 2024.
I think I raised this enquiry before but wanted to be reassured since policy or procedure might have changed from time to time.

I am going reach 5-year residency for my Tier 2 visa in coming February while my partner has a shortfall of 46 days for 5 years when her Tier 2 dependant visa going to be expired. Details as below:

• Her visa starts: 29-03-2019

• Her visa to be expired: 12-02-2024

• Shortfall of 5-year residency: 46 days

The previous advice we got was to apply ILR on 11-02-2024 and takes biometric appointment on 02-04-2024.
May I please ask if this approach is still valid?

In the worst case scenario, what would be our last resort if her application were rejected? (or what would happen?)

Many thanks and much appreciated for any hints or guidance provided!


Related posts we found in the past:
- indefinite-leave-to-remain/tier2-gen-to ... l#p2119688
- indefinite-leave-to-remain/dependent-el ... l#p2072912

[zimba]

She is eligible for ILR within 28 days of competing here 5 years so from Friday, 1 March 2024. So the shortfall is much shorter than you think. She applies right before visa expiry and books her appointment on or after Friday, 1 March 2024.

See: How to apply early and benefit from the date of the ILR decision ?

[ukryan52188]

Thanks Zimba for the speedy and helpful advice, as always .

Just 3 follow-up questions on this:
1. Would it be good (or maybe even necessary) to apply ILR for my partner and myself in one application together, with the same timeline mentioned above?

2. Do you know (have you heard of any rejection case like this?) the scenario if her application were rejected? Can she apply for dependant visa extension after rejection? (I trust all the reliable advices from this forum but just wanted to get ourselves fully prepared)

3. Do you know the deadline of biometric appointment after the application?
(I found this Home Office document but not sure if it refers to the same: https://assets.publishing.service.gov.u ... olment.pdf [page 7: make an appointment at a UK Visa and Citizenship Application Services
(UKVCAS) location within 45 working days])

Many thanks again!

[zimba]

1. It is not necessary. This is up to you
2. No such rejection has ever been reported as far as I know. In order to be such a rejection, the UKVI has to ignore the immigration rules which will be picked up in administrative review. And yes, she can apply for an extension afterwards but that will not happen
3. It is 45 working days from the submission date