Would an error from UKBA affect 5 years qualifying period?

KJL · Post by **KJL** » Mon Jul 22, 2013 12:45 am

Hi All,

It is great to see lots of very valuable responses and helpful information from people in this forum.

I have a scenario for an ILR application as below which I would like help with please:

1. Switched from a student visa to a Tier 1 (General) visa valid from 26/09/08 to 15/09/11 (this should have been 26/09/11).

2. Extension of Tier 1 (General) Visa) valid from 16/09/11 to 16/09/13.

3. Preparing for ILR

UKBA made a mistake in the duration of the initial Tier 1 application which gave a shortfall of 11 days for the 5 qualifying period i.e. making an ILR application on or before 16/09/13 would not give me the full 5 years due to the error from UKBA. Can this affect my application and qualifying period for ILR? What would be the best action to take in this instance?

Thanks for any information that may help on this.

Post by **sheraz7** » Mon Jul 22, 2013 1:05 am

You can apply ILR 28 days before of completing 5th year anniversary.

KJL · Post by **KJL** » Mon Jul 22, 2013 7:35 am

Rephrasing the main question:

If applying for ILR 28 days before the 5th anniversary, do I need to have leave to remain in the relevant capacity up to the exact date of the 5th anniversary?

KJL · Post by **KJL** » Mon Jul 22, 2013 7:37 am

sheraz7 wrote:You can apply ILR 28 days before of completing 5th year anniversary.

Rephrasing the main question:

If applying for ILR 28 days before the 5th anniversary, do I need to have leave to remain in the relevant capacity up to the exact date of the 5th anniversary?[/

Post by **sheraz7** » Mon Jul 22, 2013 12:50 pm

As per the dates you provided above if you apply 28 days before then you will have valid leave at the time of applying because you only short for 11 days but can apply 28 days before.

KJL · Post by **KJL** » Tue Jul 23, 2013 9:12 am

I have contacted UKBA on the 11 days short fall and the response is that I need to have valid leave covering the 5 years period. So will have to apply for extension

UKBALoveStory · Post by **UKBALoveStory** » Tue Jul 23, 2013 9:31 am

KJL wrote:I have contacted UKBA on the 11 days short fall and the response is that I need to have valid leave covering the 5 years period. So will have to apply for extension

This is not correct. Have they provided you any reference to their website/rule?

Post by **sheraz7** » Tue Jul 23, 2013 3:08 pm

sheraz7 wrote:As per the dates you provided above if you apply 28 days before then you will have valid leave at the time of applying because you only short for 11 days but can apply 28 days before.

loveworld · Post by **loveworld** » Tue Jul 23, 2013 3:40 pm

Mr in mh opinion see some good oics aprroved immigration advisoryiu should be ok to apply for ILR

pasa2005 · Post by **pasa2005** » Sun Sep 22, 2013 10:43 pm

I have similar problem. UKBA made a mistake in the duration of the extension of Tier 2 application which gave a shortfall of 5 days for the 5 qualifying period.Could you please let me know your ILR result KJL? Thanks

KJL · Post by **KJL** » Sat Sep 28, 2013 4:56 am

To give feedback to Pasa2005 and anyone that may be in a similar situation - After further checks/considerations, I went ahead to apply for ILR. I am glad to report that my application was successful!

The comments/information given by Sheraz7 and others on the shortfall being within 28 days before ILR are indeed correct! Thanks.

The information given by the person I spoke with at the UKBA's IMMIGRATION ENQUIRY BUREAU on this matter was totally wrong and the person sounded so sure and confident about it! Thank God I did not go down the wrong route.

Post by **Amber** » Sat Sep 28, 2013 6:04 am

The 28 day rule is for most immigration applications, people shouldn't bother ringing the enquiry office, they're wrong more times than right.

pasa2005 · Post by **pasa2005** » Mon Sep 30, 2013 7:45 am

Thank you KJL and other members for sharing the valuable information

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Would an error from UKBA affect 5 years qualifying period?

Would an error from UKBA affect 5 years qualifying period?

Would an error from UKBA affect 5 years qualifying period?