HELP-Short of 10 days to finish 5yrs cont period for ILR

parbin98 · Post by **parbin98** » Mon Apr 08, 2013 11:53 am

This request is for my Friend:

He had applied for Tier 1 (general) (applied from UK and Postal application on both occasion)in 2008 (3+2 rule). Extn application done within 28 days rule.
Following are time lines:

Initial Tier 1 (general) granted on: 05-Aug-2008
Initial Tier 1 Expiry : 14-Jul-2008 (22 days shorter than normal period of 3 yrs)
Extn Tier 1: 26th July 2011
Extn tier 1 expiry: 26 Jul 2013 (10 days shorter than 5 yrs period)

Now he is due for ILR. However Visa granting dates suggest he is 10 days shorter (05 Aug 2008 to 26 Jul 2013).

Would UKBA case worker consider this shortfall as they should have checked the dates? or postal application is considered by date of application rather than expiry date of visa?

Can he apply directly for ILR before his visa expires? Or would he need to apply for extension again?

Has any one in here encountered similar situation?

Many thanks,
Regards,
Parbin

Post by **vinny** » Mon Apr 08, 2013 1:05 pm

He may apply for ILR between Monday, 8 July 2013 and 25 July 2013.

parbin98 · Post by **parbin98** » Mon Apr 08, 2013 1:17 pm

Thank you Vinny, prmpt reply much appreciated.

So if he applies for ILR between dates u mentioned he would get ILR without problem (considering he meets all other requirement)?

Is there anywhere mentioned this particular rule? I tried searching here but in vain. Do you know if there are any previous discussion relating to this?

Does he need to mention this in cover letter? If so, have you got a format on which he can rely?

Kind Regards & Many thanks

Parbin

Post by **vinny** » Mon Apr 08, 2013 1:22 pm

Settlement wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.

parbin98 · Post by **parbin98** » Mon Apr 08, 2013 2:12 pm

Thank you Vinny.
I do understand 28 day rule.
However considering his tier 1 extn expiry date of 26th July 2013, he is 10 days shorter to complete 5 yrs legal stay.

(i.e. CW has given visa till 26th July 2013 instead of 05 Aug 2013 , when he would legaly complete 5 years on tier one)

Would this be hinderence?

Many thanks,
Regards,
Parbin

Post by **vinny** » Mon Apr 08, 2013 2:34 pm

parbin98 wrote:Would this be hinderence?

No, I don't think so.

parbin98 · Post by **parbin98** » Mon Apr 08, 2013 2:36 pm

Thank you Vinny, much appreciated.

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HELP-Short of 10 days to finish 5yrs cont period for ILR

HELP-Short of 10 days to finish 5yrs cont period for ILR