ILR application - falling short of 5 years period by 10 days

[nomius77]

Hi I have got tier1 visa on 16/03/2009, entered in uk on 28/06/2009. my first extension will expire on 21/05/2012. Looks like falling short of 10 days to apply for ILR. please advise do I have to apply for 2nd extension or if there is a wayout for ILR. thanks.

[geriatrix]

No one can answer that question today without knowing the expiry date of the extension leave that you are yet to apply for.

That said, read Q4 and Q5 to understand the current policy when applicants delayed their entry to UK.

[nomius77]

Sorry for mistyping before.

Tier1 visa issued: 16/03/2009.
Entry in UK: 28/06/2009.
1st Extension applied on 10/03/2012.
Extension visa issued from 21/05/2012 till 21/05/2014.

Now I think since I entered in UK after around 3.5months, I fall out of that 3 months relaxation for foreigners travelling from outside UK. Is this right?
If this is the case then my 5 years will be completed on 28/06/2014 and I can only apply for ILR 28days before, means earliest by 01/06/2014. Do I have to apply for 2nd extension visa anyway to cover 10days.
Please advise.

[geriatrix]

You must have valid leave on the date of settlement application. Therefore, you'll need to apply for PBS extension before you can apply for settlement.

[nomius77]

Thanks for the response.
Is it possible to get these 10 days covered by posting the ILR application. I know by some means that visa officer counts the time period from the date he opens the case and by post, it normally takes from 1-3 months.

Can this be a way forward to avoid another extension?