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I currently work under a Tier 2 General Work Visa start date 21 September 2016 and valid until 18 September 2021. My question is if I would need to apply to an extension ( 1 year more, as the limit is 6 years) or I would still qualified to apply for the ILR, with the 4 year and 363 days Tier 2 period. I came to the UK on 20 October 2016 as it took me a month to get my passport and Visa after the application.

Same thing for my partner who came to the UK under Tier 2 dependent on 5 November 2016 (visa starting date also on 21 September), and expiration date 18 September 2021.

Qualifying period as the rules stand now is you can apply no sooner than within 28 days before the 5th anniversary of the visa issue dates.

My CoS says:

Start date: 05 September 2016
End date: 04 September 2021

My BRP says: valid from 20 September 2016 to 18 September 2021.

Is the 5 year period from 05 September 2016 to 04 September 2021 and I would not need to apply for an extension, or the period would be from 20 September 2016 to 19 September 2021 and I would need to apply for an extension, or which one?

My response above clearly stated it is VISA issue/start date.

Why do you believe you would need an extension?

Actually my partner’s visa issue was 05 October 2016 and end date 18 September 2021. If we have to apply within 28 days prior to 18 September 2021, or on 20 August 2021, he will not have lived in the UK for 5 years, as the total visa time is not 5 years, as mine. That is the reason for my question . I know it is too early, but I need to make a decision on whether I will continue in the UK or accept my company’s offer to move elsewhere to one of their offices overseas. They are not in a rush for me to move. That is my lack of understanding on the exact day we both would be able to apply for ILR, consider an extension or accept the move anytime we want.

So apply closer to the visa expiry date.

The clock for you partner also starts in their visa issue date, so 5 October minus 28 days.

Can we apply for their ILR, in September 28 days prior to 05 October 2021 but too tight prior to the visa expiration date or would be safer to apply for an extension. My partners visa was first denied and we reapplied immediately after we got the decision, but was reissued only on 05 October 2016.

Apply within 28 days before 5th October but it must be before your visa expires. Date of application is the date you submit and pay online.

It will be on 7 September 2021 or 11 days from visa expiration. Is it safe? My partner is over 65 yrs and therefore would not take the life in the UK or English test.

I suppose we need again to prove we are living together here in the UK ( which we have and we have a joint bank account, life insurance, Facebook and travel arrangement proof we live together), that we and I have sufficient funds and have been applied for IRL prior to this date.

It will be on 7 September 2021 or 11 days from visa expiration. Is it safe?

Yes, many do it.

My partner is over 65 yrs and therefore would not take the life in the UK or English test.

Correct.

I suppose we need again to prove we are living together here in the UK ( which we have and we have a joint bank account, life insurance, Facebook and travel arrangement proof we live together), that we and I have sufficient funds and have been applied for IRL prior to this date.

You need to prove 2 years cohabitation evidence from 3 to 6 different sources with both names on or addressed individually to the same address. You don't need facebook or travel arrangements etc