Kind of funny situation.

son3775 · Post by **son3775** » Tue Oct 04, 2011 12:41 pm

If im eligible to apply for ILR at 4 years 11 months which is exactly the day my visa expires and if this day is a saturday or a sunday, what will be the best way to go ahead.

Eg- visa expires 15th oct (saturday)- complete 4years 11 months
Can i apply after ( 17/10- )
A day before- 14/10 ( 4years 10 months and 29days)

Kindly suggest.

Post by **geriatrix** » Tue Oct 04, 2011 2:04 pm

There is no "4 years 11 months" rule / policy!

Did you apply for Tier 1 in-country? If so, what is the date of issue of leave to remain? If you applied from outside UK, what is the date you entered UK as a Tier 1 (General) migrant?

son3775 · Post by **son3775** » Tue Oct 04, 2011 2:40 pm

Firstly thanks for your response sushdmehta
1) It was in country Tier1 application
2) Initial application 15th of Nov 2006,
Extension on 15th of Oct 2008.

First migration website :
*Please note that you can technically apply for Indefinite Leave to Remain after 4 years and 11 months if you are on a Work Permit, a Tier 1 Visa (excluding Tier 1 Post Study Work Visa) or an Ancestry Visa.

Kindly suggest what is the best way round in that particular situation.
Best regards

Post by **geriatrix** » Tue Oct 04, 2011 2:54 pm

No comments on what commercial websites state!

You still haven't answered the questions:

sushdmehta wrote:Did you apply for Tier 1 in-country? If so, what is the date of issue of leave to remain? If you applied from outside UK, what is the date you entered UK as a Tier 1 (General) migrant?

son3775 · Post by **son3775** » Tue Oct 04, 2011 2:59 pm

I thot i answered the question, or is there any further information you are looking for?

Did you apply for Tier 1 in-country?
It was in country Tier1 application

If so, what is the date of issue of leave to remain
Initial application 15th of Nov 2006,
Extension on 15th of Oct 2008.

Post by **geriatrix** » Tue Oct 04, 2011 3:01 pm

Aah! I thought the dates represented the dates of initial application / extension .. rather than dates of issue! Apologies!!

It seems you applied for extension a bit early.

son3775 · Post by **son3775** » Tue Oct 04, 2011 3:07 pm

Yes applied a bit early, so i suppose we need to apply for an extension? or go to a solicitor? wots ur thots on that?

Post by **geriatrix** » Tue Oct 04, 2011 3:15 pm

You cannot apply for settlement any earlier than 28 days before the 5th anniversary of date of issue of leave to remain (2006), subject to the following riders:
1. Your leave expires 23:59 on 15-Oct, so there is no way you can apply for settlement after that.
2. You cannot apply before 15-Oct because you do not qualify for settlement by then.

Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

son3775 · Post by **son3775** » Tue Oct 04, 2011 3:30 pm

Cheers for that, so it means i need to go for an extension for a shortage of 3-5days and then apply for ILR, sounds great! Well if it needs to be done, its gotta be done eh...life isnt fair!!

Post by **geriatrix** » Tue Oct 04, 2011 3:37 pm

Applying for extension early was not a good idea. The current policy guidance points out the downside of doing so (point 45) .... i.e. - your situation!

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Kind of funny situation.

Kind of funny situation.