Few days Shortage for 10yr ILR thru Tier4 route

[puneetdwd]

Hi,
Need to apply for ILR 10 year SET (LR) route but the Student visa (Tier 4 ) expires just a month before my eligibility for 10 years. I browse thru most post with shortage but still confused.

Details are as below
Visa issued – 7/8/2007
Entered into UK – 22/8/2007
Current visa expires: 6/6/2017



I have few questions, please clarify as the guidance is not clear on these :-
Qs 1) I came within 15 days of my Visa issued - So Qualifying period starts from Date of Entry of Date of visa issue? Guidance says if within several weeks than date of entry. No exact date given

From the date of Visa Issued to Date of Current Visa Expiry Date = 9 years 10 Months, 6 days.
From the date of Entered to UK to Date of Current Visa Expiry Date = 9 years, 9 months 21 Days.

Qs 2) can apply 28 days before my Qualifying period. Which still leaves me shortage of few days 15 days?!?

What is the best option to cover the missing days to complete 10 years?
Has anyone has similiar case, how to deal with it.

Please suggest, I would be grateful to you.

Many thanks

[KhanNW]

Hi,
Need to apply for ILR 10 year SET (LR) route but the Student visa (Tier 4 ) expires just a month before my eligibility for 10 years. I browse thru most post with shortage but still confused.

Details are as below
Visa issued – 7/8/2007
Entered into UK – 22/8/2007
Current visa expires: 6/6/2017



I have few questions, please clarify as the guidance is not clear on these :-
Qs 1) I came within 15 days of my Visa issued - So Qualifying period starts from Date of Entry of Date of visa issue? Guidance says if within several weeks than date of entry. No exact date given

From the date of Visa Issued to Date of Current Visa Expiry Date = 9 years 10 Months, 6 days.
From the date of Entered to UK to Date of Current Visa Expiry Date = 9 years, 9 months 21 Days.

Qs 2) can apply 28 days before my Qualifying period. Which still leaves me shortage of few days 15 days?!?

What is the best option to cover the missing days to complete 10 years?
Has anyone has similiar case, how to deal with it.

Please suggest, I would be grateful to you.

Many thanks

The time in your case will be counted from entry date which is 22-08-2007. Visa issue date does not apply in 10 years route.

You can apply 28 days before 22-08-2017. As I can see, you are still roughly 1.5 month short of reaching to the qualifying period. In other words, you are roughly 2.5 months shorts and taking off 28 days, still 1.5 months short

[longhorn]

This is just what I recently read on this forum and is not an advice of any sort at all:

I recently read a post on this forum regarding a similar case. The OP in that case was also short of a few months to complete his 10 years. He applied regardless, made a payment through cheque (perhaps to delay the process), didn’t receive his first bio-metric request, requested another copy, so by the time he submitted his biometrics, he was already within 28 days of completing 10 years. To my surprise, He got his ILR (LR) approved which made me think that perhaps for ILR (LR) you must be within 28 days of 10 years on the date of decision and not on the date of application. I am not sure how true this is and I am in no position to advise you of anything similar but perhaps it may be a good idea for you to go through a few pages of posts here under ILR topic and you may perhaps find that post.

[KhanNW]

This is just what I recently read on this forum and is not an advice of any sort at all:

I recently read a post on this forum regarding a similar case. The OP in that case was also short of a few months to complete his 10 years. He applied regardless, made a payment through cheque (perhaps to delay the process), didn’t receive his first bio-metric request, requested another copy, so by the time he submitted his biometrics, he was already within 28 days of completing 10 years. To my surprise, He got his ILR (LR) approved which made me think that perhaps for ILR (LR) you must be within 28 days of 10 years on the date of decision and not on the date of application. I am not sure how true this is and I am in no position to advise you of anything similar but perhaps it may be a good idea for you to go through a few pages of posts here under ILR topic and you may perhaps find that post.

Case workers guidence states that if you are CONSIDERING an application on the basis of long residence in 28 days or less before an applicant completes 10 years, you may grant as far as other conditions (such as KOLL) are met. It also make sense because an in tume application generates 3c leave which is also counted towards qualifying period.

In terms of applying more than 28 days before completing qualifying period, The guidence says that it is not a mendatory requirement which needs to be met and then it says "please see early applications".

It suggests that even if someone applies more than 28 days early, still it is covered by 3c providing it was an in time application. For 10 years, home office guidence suggests that the important is date of consideration and there is no point to refuse someone on the basis of a requirement which is not mendatory as 10 years requirement may be met by the time of consideration.

In sum, though it is all written in guidence notes and on some extent can be interpreted, at the end it is applicants decision to go ahead by making an early application or go through the variation of application route. In this particular case, sice there is 1.5 month gap even after considering 28 days rule, I guess it is on OP to decide whether to make a SET (LR) application. As no one can tell how long it will take a case worker to open the file which could be 1 day or 1 year.

[longhorn]

As no one can tell how long it will take a case worker to open the file which could be 1 day or 1 year.

True but they will only take a decision after the fees have been paid and cleared (if through cheque) and the biometric data has been submitted.