ILR Eligibility vs Visa Exipiry

[anoop1983]

Sorry if this question is a duplicate, I couldn't find a similar issue in this forum yet,

Here are my details,

Entry Clearance : 08th June 2008
Date of Entry : 15th June 2008 on Work Permit
Switched to T1 G: 25th May 2011
T1 Valid until : 25th May 2013

If I understand correctly, I can apply for ILR 28 days before the fifth anniversary of my EC which will be anytime after: 11th May 2013.

Since my visa is expiring on 25th May 2013, I can apply for ILR somewhere between 11th and 25th May.

The question I have is, would it be a reason for a case worker to reject my ILR request, saying, I wouldn't qualify for it, as I wouldn't be able to complete my 5th Anniversary (8th June 2013) with my current visa?

Would you suggest instead for me to first renew my T1G, and then apply for ILR?

[Lucapooka]

You are eligible to apply 28 days before June 15.

[anoop1983]

You are eligible to apply 28 days before June 15.

Seems like there are other posts in this board which says otherwise.
http://www.immigrationboards.com/viewto ... 53fe60bb2f

Neverthless, that does't answer my original query.

In cases where the T1(G) visa expiry falls in the middle of the 28 days prior to 5 year anniversary, Can I apply for ILR at the earliest possible date and avoid a T1(G) extension?

[Lucapooka]

The other posts say otherwise because they are with regard to five years with shortfall due to late entry - but continuous leave in the same immigration category! You switched category and thus removed yourself from the 3 month late entry concession.

[cs95tdg]

Entry Clearance : 08th June 2008
Date of Entry : 15th June 2008 on Work Permit
Switched to T1 G: 25th May 2011
T1 Valid until : 25th May 2013

If I understand correctly, I can apply for ILR 28 days before the fifth anniversary of my EC which will be anytime after: 11th May 2013.

Since my visa is expiring on 25th May 2013, I can apply for ILR somewhere between 11th and 25th May.

The question I have is, would it be a reason for a case worker to reject my ILR request, saying, I wouldn't qualify for it, as I wouldn't be able to complete my 5th Anniversary (8th June 2013) with my current visa?

Would you suggest instead for me to first renew my T1G, and then apply for ILR?

I believe your question is answered in this thread where another applicant wrote to the Settlement Policy Ops team to get confirmation about whether extant leave is required to cover the entire 5 year residence, when applying 28 days before the qualifying period. See http://www.immigrationboards.com/viewtopic.php?t=102227

Also note that contrary to my previous understanding, I received confirmation from the UKBA, that the late entry concession would also apply to those who have switched immigration categories from WP to T1G. I made use of this concession and was granted ILR this week (http://www.immigrationboards.com/viewtopic.php?t=101604).

[anoop1983]

I believe your question is answered in this thread where another applicant wrote to the Settlement Policy Ops team to get confirmation about whether extant leave is required to cover the entire 5 year residence, when applying 28 days before the qualifying period. See http://www.immigrationboards.com/viewtopic.php?t=102227

Also note that contrary to my previous understanding, I received confirmation from the UKBA, that the late entry concession would also apply to those who have switched immigration categories from WP to T1G. I made use of this concession and was granted ILR this week (http://www.immigrationboards.com/viewtopic.php?t=101604).

Brillaint, the exact question I was looking an answer for! Can't thank you enough.

And yes, I am aware that WP + T1 is eligible for concession. But anyway, thanks for confirming.

Also, congratulations on your successs, and all the best for your future.