ILR Eligibility Query - Urgent

[Goldipark28]

Hi,
Here are the facts prior to the question:
- Tier 2 (General)
- UK visa valid from date 24th July 2020
- UK arrival date/ employment start date 4th Sep 2020 (deferred start during Covid)
- Continuous residence criteria met on a rolling basis

Am I eligible to apply for ILR now because visa valid from date is 24th July 2020? Or should I apply for visa extension since I arrived on 4th Sep 2020 and started employment as per company contract same day? One solicitor has suggested playing safe and going for a visa extension first.

Thanks!

[zimba]

Solicitor is talking nonsense. The date of entry is irrelevant. The qualifying period is counted from the very first date of visa approval, which for you is the first BRP issue date. The 28 day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your 5 years.

The date of ILR application is also largely irrelevant.

Read: Applicants can benefit from the date of the ILR decision

[Goldipark28]

Hi,
Thanks. Did you mean visa valid from date in vignette? My BRP does not have visa valid from date.

[lolo2]

This is your visa valid date, relevant for the ILR qualifying period.

- UK visa valid from date 24th July 2020

[zimba]

Hi,
Thanks. Did you mean visa valid from date in vignette? My BRP does not have visa valid from date.

use the earliest date of approval, whatever it is

[Goldipark28]

Thanks. Is it better to go for visa extension at this stage and then apply for ILR in a few weeks? Benefit being - if for whatever reason my ILR is rejected and visa is expired, that would lapse section 3C.

But if I apply for visa extension and then ILR gets rejected, I can still continue with my residence and reapply.

[zxyzhgp]

The visa extension cost will be application fee + IHS x years + priority fee (optional) + lawyer fee (probably he suggested you to play safe?), on top of the ILR ~3K + lawyer fee

Also not sure how many years you will get for the visa extension

[Goldipark28]

I am on 5 years visa with expiry soon. I can get 1 year extension and then apply for ILR, just to be safe.

[lolo2]

If the dates you did put here are correct, you're already eligible for ILR - provided you meet all the other requirements. You don't need a visa extension.

You don't need a solicitor to apply.

[zimba]

Thanks. Is it better to go for visa extension at this stage and then apply for ILR in a few weeks? Benefit being - if for whatever reason my ILR is rejected and visa is expired, that would lapse section 3C.

But if I apply for visa extension and then ILR gets rejected, I can still continue with my residence and reapply.

No, it is a lot worse and much more expensive. Needless to say that an extension is pointless. The advice given to you have been successfully given to many before. Please search the forum