Should I apply for ILR?

[jsamuel]

I guess I know the answer already but it won't hurt asking the question.

Tier 1 Visa -> Start: 1st Feb 2009 End: 1st Feb 2012

UK Arrival -> 30th May 2009

Leave to remain -> Start: 14th March 2012 End: 13th March 2014

I arrived late to UK by 4 months (roughly 120 days) and then the visa extension reduced this period to 75 days.

Should I apply for ILR or Leave to remain on 13th March 2014 as I will be short of 5 yrs by 75 days.

[geriatrix]

Q5

[jsamuel]

I agree to what is written there but in my case I arrived late by 4 months. In normal circumstances I would have to apply for a second extension before applying for ILR.

The only catch being that my 1st extension got delayed by 1.5 months and now I am just short by 2.5 months. So do I qualify for applying under the 3 month grace period, given the fact that my initial delay in UK entry still remains at 4 months?

[geriatrix]

Whether you are now short of 75 days or 1 day, doesn't matter!! The only fact that matters, with respect to this instruction, is that you did not travel to UK within 3 months of issue of EC. And because you did not, this instruction doesn't apply to you.

[jsamuel]

That is the answer I was looking for. As I already said, I knew the answer already but just wanted someone to affirm the same.