Immigrationboards.com

I'm a non points based work permit holder and in 2006 got TOFEL whilst I was at university, so until last week thought it would be accepted as proof of knowledge of English and life in UK. I booked for LIUK test only to discover that test date is 10 days after the expiry of my WP. Question is do I risk applying for ILR within 28 days of expiry of my current visa or must I apply for FLR (O) to allow me to sit the test and then apply for ILR? I've got 11 years legal stay in UK and two dependants inc wife. What's confusing is that there's nothing in terms of FLR in the mon points based category. Please help!

When does your visa expire?

I would work very hard towards rescheduling it to about 10 days before expiry.

Visa expires on Monday

To apply for FLR you would need to do so under a specific immigration category, as you say your WP is expiring, unless your employer has extended their sponsorship it would be correct that you cannot extend your leave via a FLR application.

Which immigration category will you be applying for ILR under? 10 year Long Residence or the 5 year Economic Migrant route?

If applying under the long residence route see... http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

For applications made on or after 9 July 2012 an applicant applying for an extension of stay or indefinite leave to remain (ILR) on the basis of long residence must not be in breach of the Immigration Rules. However, for the purposes of the application a period of overstaying of no more than 28 days on the date of application will be disregarded.

This would mean, technically you could do your LITUK test (& pass it) and submit the application via post soon after, but before 28 days of your current LTR expiry date. This is a suggestion based on your current circumstances, due to the fact that you have unfortunately not looked at the requirements for ILR early enough to enable an in-time application.