Short fall by 32 days

[c4551m]

Dear All
I posted few questions already and got good detailed reply by all, just didnt ask about this
I am on student visa and my current leave expiring on 27/02/2014. and my 10 years will be completing on 30/03/2014 as I entered UK on 30/03/2004.

What will be best option for me to get ILR successfully.
Can we count 28 days (as we can apply 28 prior to 10 years) from 30/03/14 Am I eligible from 02/03/2014 for ILR , then will it be short of 3-4 days.( correct me if I am wrong )

Apart from that I have done my B1 , and LiUK test .
Kindly let me know what else to be included in my application.

Thanks

[Tier 4]

You have two options : either to apply some extension and then vary it to ILR or apply directly ILR with this understanding by the time you done your Biom and CW look ll into your application you will cross this tiny gap under 3C leave. I am in the same situation and going for the second option.

[c4551m]

on what category shall i apply, i am on PBS Tier 4 can I apply for FLr (o) and vary the application to ILR in few days ?

[Tier 4]

yes you can, I met couple of guys in this forum: one applied on FLR (O) and later vary it to ILR and other simply applied ILR regardless of shortfall and both got it.

[c4551m]

Thanks for your reply, any other documents which need to be considered.

[c4551m]

Thanks for your reply,
to be exact I am 32 days short of making 10 years, as guidence states that application can be applied no before 28 days, so if I send the application on counting my 28 days so it will start from 03/03/2014 and my visa expires on 27/02/2014 . so I will be 3-4 days short, what If i send my application directly for ILR on 27th feb and it reaches them on 3rd march ( fri sat sun ), I will be within 28 days period,
Kindly let me know on this.
Thanks

[Tier 4]

The time CW will start processing your application after biom is crucial, and clearly you will pass through this short fall till that time. Good Luck

[farooqueahsan]

Hi there

I am on Tier 2 General visa working for the same company since I came to the UK and luckily my salary is much above the relevant SOC code.

My visa is expiring on Feb 28, 2014 however my full 5 year continuous period completes on April 14, 2014 thereby making me short of 45 days - it was because UKBA did NOT issue me initial visa for full 3 year but 45 days less than 3 years and I do not know why. As one can apply for ILR 28 days before the full 5 year period which means I am actually eligible to apply on March 17, 2014 which effectively makes me short of 16 days.

I wanted to use PEO service to avoid the stressful waiting time in postal applications, minimum 6-12 weeks I guess. I spoke to a few solicitors on this issues. All of them advised (1) use postal service instead of PEO and (2) post ILR application near the end of visa expiry so I will post my application around Feb 20, 2014. Another solicitor says that UKBA has the discretion to exempt 16 days; this one is the key actually and I hope he is well informed. He did not comment on PEO/Postal Service option while replying back my email.

I hope this helps. I know postal service is really painful because of long waiting time. May be I am wrong but the reviews of people at this forum indicate that Long Residence ILR postal applications take much longer time. Unfortunately, we do not have any choice I guess.

All the best.

[Meghanand]

yes you can, I met couple of guys in this forum: one applied on FLR (O) and later vary it to ILR and other simply applied ILR regardless of shortfall and both got it.

Hi Tier 4,
I am also in the same situation, shortfall of 35 days for long residency. I am also pondering over whaT I should do. Right now I am in Tier 1 PSW . You have stated that one guy applied for FLR(o) and later varied to ILR and succeeded. Do you think even I can apply for FLR (O)?? Who are eligible to apply on FLR (O)??