Can I apply for ILR 70 days before 5 yrs completion

[srao]

Hi All,

Pls find my case for your advise

Date of EC - 25/03/2008 (tier2 ICT for 2yrs))
Date of Entry to UK - 05/04/2008
Date of Visa conversion - Tier2 to Tier1 Gen - 03/02/2010
Date of Visa expiry - 03/02/2013

I am planning for ILR after 20th Jan'13 and will be short fall of around 75 days for 5 yrs completion. I have no break for more than 20 days each year.Pls advise if I can apply for ILR and CW may consider my case for ILR on discretionary basis.

I have asked one of the solicitors and he mentioned that I can apply for it. But not sure if that would be fine.

Thanks in advance

[vinny]

See also Indefinite leave to remain - calculating continuous period in UK.

If you make a valid in-time ILR application by (registered) post and they consider your application after you're eligible, then you should be okay.

[srao]

Thanks Vinny for earliest reply. I have gone through the link but could only find below info and couldn't find reference to overlap of granting Tier1 visa before expiry of Tier2 due to which there is gap of 2 months. Pls advise

"Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. You may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years."

[srao]

Do you think My ILR may be rejected if I go through direct PEO appointment? I don't want to go through postal route due to huge delay in application processing.

Thanks

[wpilr_nov12]

Do you think My ILR may be rejected if I go through direct PEO appointment? I don't want to go through postal route due to huge delay in application processing.

Thanks

Yes.

Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than
that, your application may be refused. If that happens,
we will not refund the fee and you will have to pay
again when reapplying.

[geriatrix]

Your problem is that you applied for extension early (about 45 days early), and that is why you are following short of the 5 year period.

An alternative to what Vinny has suggested, that you may consider, is posted here.