Tier-1 General Extension - 5 days short of ILR

[Sana12]

Hi,

I applied for my extension 24 days before my current leave was about to expire i.e 8th of February. My visa expired on 4th March 2013. They have made the decision on my application on 27th February 2013. They have issued me the extended my leave to remain from 27th February 2013.
Therefore I will be short of 6 days for my ILR. Can I do anything about it and ask UK border to start my extension from 4 March. As they say on their website

"

We encourage you to make your application at least 1 month before your current permission to stay expires.

However, if you apply significantly more than 1 month before your permission to stay expires, and you want to apply for settlement later, you may not have accumulated enough total permission to stay. This is because your new permission to stay will begin on the date when we make the decision, not the date when your current permission expires."

And I have applied Less than a month before my current leave to remain expired. (They have made a decision in 3 weeks )and I have just followed their guidelines.

Thanks

[bruteforce]

You can apply for ILR in the last 28 days of your existing leave. You followed their advice and they should have taken that into account as it was only 24 days as you say. IMO, you will not have any issues in applying for ILR even if its 6 days short, I expect them to use discretion.

[cs95tdg]

There is a sticky thread dedicated to this issue & you will most probably find a few other posts on this subject if you search this forum: http://www.immigrationboards.com/viewtopic.php?t=68561

However in your case, I don't foresee you facing a problem, as you will be eligible to apply for ILR from upto 28 days before your 5th anniversary. Unless ofcourse you first entered the UK more than 90 days after EC. You are not required to have extant LTR to cover the entire 5 years. So long as you have valid LTR on the date of your application you will be fine.