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I came to UK in June 2007 under HSMP (new Point Based System applied after Nov, 2006).
My EC granted in April 2007, So there is almost 2 months gap between date of EC in passport and date of entry to UK.

I then applied for my extension under Tier-1 General, and I had asked in my application to grant me extension for 3 year and 2 months, so that I do not have to apply for another extension just for 2 months before completing qualifying period of settelement of 5 year. Luckily or not my current leave under Tier-1 is of 3 year and 2 month, instead of 3 year for most other applicants.

Just want to find out if there are any other applicants who are in similar situation as mine, i.e. Tier-1 extension of more than 3 years.

Hi, I am in a similar situation as you are.

I got EC in May 2007, came to UK in June 2007.

Got my Tier-1 extension (same day) in April, which is valid till Jun 2012.

I think this is not something unusual and the home office has granted some people more than 3 years extensions. I got it for 3 years, 1 month, 12 days.

I remember the CW told me that they are giving me extension for over 3 years so I can complete 5 years for ILR without having to get another extension.

Hi Linkers, Thanks for your reply.

This extra leave of more than 3 years is potentially working against me (possibly same for you as well).
As per SET (O) guidance, one cannot apply for ILR more than 28 days before completing qualifying period of settlement, i.e. date of UK entry.
As my current leave is valid until the 5th anniversary date of UK entry, I cannot apply for ILR 28 days before 5th anniversary of EC granted.

If I had leave for just 3 years (instead of 3 years and 2 months), I could have applied for ILR in March 2012 and possibly avoid any immigration rule changeworking against me.

Hi nnj10,

If you are saying that your visa will still be valid on the 5th anniversary of your entry date, then you will have to consider that date (and you won’t be able to consider the 5th anniversary of your EC).

It sounds really confusing but I am sure I should be able to apply 28 days before the 5th anniversary of my EC, as even though I got Tier-1 extension for more than 3 years, as I am still short of few days.

I mean my 5 years complete on 15th Jun 2012 (I cam on 15th Jun 2007) but my visa is only valid till 04th June 2012. I think the CW should count 5 years from my EC date.

Please let me know your thoughts ?

linkers wrote:Hi nnj10,

If you are saying that your visa will still be valid on the 5th anniversary of your entry date, then you will have to consider that date (and you won’t be able to consider the 5th anniversary of your EC).

It sounds really confusing but I am sure I should be able to apply 28 days before the 5th anniversary of my EC, as even though I got Tier-1 extension for more than 3 years, as I am still short of few days.

I mean my 5 years complete on 15th Jun 2012 (I cam on 15th Jun 2007) but my visa is only valid till 04th June 2012. I think the CW should count 5 years from my EC date.

Please let me know your thoughts ?

You can apply close to EC + 5 years, provided you entered before (EC+90 days) and your visa is expiring before (Entry date + 5 years). If your visa expiry is after (Entry date + 5 years), then you cannot apply before (Entry date + 5 years - 28 days).

Although paradoxically the visa for more than 3 years is going against you slightly, it is good in a sense. The 90 days exemption rule has come recently and is a guidance to the caseworkers. This is not a rule for the applicants to follow.

Tknayak: thanks for your reply. So in my case do you think I would be able to apply 28 days before EC ? As my visa expires before I complete entry date + 5 years.

linkers wrote:Tknayak: thanks for your reply. So in my case do you think I would be able to apply 28 days before EC ? As my visa expires before I complete entry date + 5 years.

Extension for more than 3 years was basically was JR cases(who applied before 7th Nov 2006). I am happy to learn that Home Office is giving this facility to others as well. 90 days being condoned is still not a rule rather it is discretion. Please relax and be happy that you will have no issue. Couple of months delay in ILR is not an issue at all

linkers wrote:Tknayak: thanks for your reply. So in my case do you think I would be able to apply 28 days before EC ? As my visa expires before I complete entry date + 5 years.

You should be fine. But again depends how case worker wants to interpret the guidance.
In my case my visa expires on fifth anniversary of date of UK entry, so I cannot apply28 days before EC date.

Thanks for your response khalidmirza.you are right a delay of 1 month wont cause any problem.

Thanks nnj10, looks like I might be okay, but just to be on the safe side, I will seek professional advice before booking the appointment.