work permit expires 12 days before I finish 5 years

Hi,

I entered the UK on a work permit visa on the 12th of September 2006 (visa issued 11th September 2006) and have been granted leave to remain until the 31st of August 2008. I complete 5 years on the 12th of September 2011, but my visa expires 12 days before. When I apply using the '28 day before you finish 5 years' rule, I can apply on the 16th of August 2011, will my application be eligible, or will I have to extend my visa first? I have asked this question before in this forum a year or so ago, but when I ring the Home Office I continue to get varied answers, so would like to clarify, in case there have been any changes in the stance adopted by the Home Office in this matter.

Thanks in advance.

You may apply for settlement between 16-Aug-11 and 31-Aug-11.

Thanks very much.

sushdmehta wrote:You may apply for settlement between 16-Aug-11 and 31-Aug-11.

I may be out of date with changes, but wasn't there used to be a rule which states you should be physically present in UK exactly 5 years ago from the date you apply for ILR...

so if OP applies on 16-aug-11 and going back 5 years ie. 16-aug-06...he was not present in UK then ...would that not be a ground for rejection...or has this rule been scraped ...

I may be out of date with changes, but wasn't there used to be a rule which states you should be physically present in UK exactly 5 years ago from the date you apply for ILR

No, that's citizenship. For most people applying for ILR there's no way to be physically present 5 years before. You're allowed to apply within 28 days of your 5 years.