Tier 2 Dependent to ILR

[eengrarsalan]

Hello,

I want some help with my wife's ILR if anyone can help, please.

Before that some background, I got ILR through the tier 2 route 1 year ago and still have a Pakistani passport. My son has a British passport and I applied through the naturalization route after getting my ILR.

Dates for My Wife:

First Visa start: 19/07/2017
Came to UK: 02/08/2017
Current Visa expiry: 17/06/2022
5 Years on: 19/07/2022
Can Apply for ILR on (28 days earlier) : 20/06/2022

There is a gap of 3-4 days before she is eligible for ILR application.

What is the best way to go? Someone suggested applying for FLRO on the date of visa expiry and after 4 days apply for ILR and withdraw the FLRO application?

Please suggest the best possible way. Thanks

[zimba]

Poor advice was given. Simply apply before visa expiry and book the appointment several days later. It all works thanks to Section 3C

[eengrarsalan]

Thank you so much for the answer.

Just for clarity, I have heard you can't apply a single day before the 28day for ILR. If you do so your case is invalid?

In this case, I have a few days of gap and how can we make sure the case worker will be fine for us applying 30 days before ILR is due instead of 28 days?

Thanks

[zimba]

What you heard is not correct. When you apply for a new application before visa expiry, the provisions under section 3C of the immigration act get engaged when your visa expires. This means your current visa and all of its privileges are automatically extended until a decision is made on your pending application. This period also counts as lawful residence towards the ILR application you lodged. Eventually, when the case worker processes your application, they will count your lawful residence up to that point to see if you are eligible for ILR. This is how you can apply for ILR early before visa expiry and still qualify for ILR without any issues

So apply before visa expiry and book your appointment within the 28 days mark it will be all good. This practice is the norm