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ILR: Shortfall by 2 months

Posted: Sun Apr 24, 2011 11:21 am
by ZAS
Hi Seniors, I am not sure if to apply for extention or apply for ILR in September 2011. My immigration history is as follows: (1)Student Visa:16th October 2005 to 16th Nov 2006 (2)Work Permit: 16th Nov 2006 to 16th nov 2011 (applied while in UK) (3) Switch to Tier 1 and granted 16th Sep 2008 to 16th Sept 2011. If I apply by 16thSept 2011, I will be 4 years an 10 months on Qualifying visa(WP+Tier 1). Please can you advise me on wheather to apply for extension or ILR. Do you think my two month may be waived provided all other requirements are fulfilled? I have been absent from UK for total of 15 weeks during the last 5 years. Please help!!! Many thanks. ZAS

Posted: Sun Apr 24, 2011 11:42 am
by vinny

Posted: Sun Apr 24, 2011 2:23 pm
by ZAS
Many thanks Vinny for your propmpt response.

My case is slightly different. My 2 month gap was not due to entry delay, rather it was due my inaability to wait fro completion of 2 years with my initial 5 years WP before applying for the 3 year Tier 1. All my application were made while I was in the UK.

My thinking was that the 3 months concession is limited to those who have delay between Entry clearance and actual entry date.

Please clarify further.

Thanks

Posted: Sun Apr 24, 2011 2:38 pm
by vinny
I agree (click on above link).

Variation of Tier 1 to ILR

Posted: Mon Oct 17, 2011 7:26 pm
by ZAS
Hi Seniors,

I am in a desperate situation. I applied for Tier 1 extension on 16th September and was sent letter to do Biometric on 3rd October. Now I am qualified for ILR having completed the 4 years and 11 month. Although when I applied for extension I only completed 4 year 10 month. Because of delay I am now due for ILR.

Can I send variation of application to ILR.

I will appreciate your prompt response.

Many thanks

Posted: Tue Oct 18, 2011 12:36 am
by geriatrix
Your query has already been answered above by vinny!