Discretionary leave- visa expires 32 bdays before qualifying period

[urbaN52]

Hi,

Please could anyone help.
I came to the Uk on the 19-Aug-2008 with a visa to join my wife.
I applied for a settlement with my wife and kids in 2012 as my wife was eligible for ILR at that time. Their were all approved for ILR apart from mine due to a traffic offence.
I was then given a discretionary leave from the 18 April 2012 - April 17 2015.
My letter states that I could apply for settlement in November 4 2014. I therefore applied for settlement in november and had a reply in March 2015 saying my application was refused.
Instead I was given another discretionary leave from March 17, 2012 upto March 16, 2018.

Which means my visa expires on the 16th of March 2018. Few days before the 28 days upto qualifying period.

Should I apply for an extension first before I apply for settlement.

Or can I apply for settlement straight away?

Regards

[CMOSUK]

Hi,

Please could anyone help.
I came to the Uk on the 19-Aug-2008 with a visa to join my wife.
I applied for a settlement with my wife and kids in 2012 as my wife was eligible for ILR at that time. Their were all approved for ILR apart from mine due to a traffic offence.
I was then given a discretionary leave from the 18 April 2012 - April 17 2015.
My letter states that I could apply for settlement in November 4 2014. I therefore applied for settlement in november and had a reply in March 2015 saying my application was refused.
Instead I was given another discretionary leave from March 17, 2012 upto March 16, 2018.

Which means my visa expires on the 16th of March 2018. Few days before the 28 days upto qualifying period.

Should I apply for an extension first before I apply for settlement.

Or can I apply for settlement straight away?

Regards

Earliest you would be able to apply is 22 March 2018 going from initial grant date of 18 APRIL 2012 (minus exactly 28 days) , but as your expiry date is 16 March 2018 you are short of 6 days.

In my opinion you should apply for extension (postal) before expiry of current Leave to remain, once received by UKVI, wait for thr remainder of days needed to complete 6 years DL(minus 28 days) then apply for ILR using postal, once received by them I think you may then need to withdraw your pending application.

Your leave during that time should be protected during that time under section 3C but would like clarification on this please.

[vinny]

Similar options.

[CMOSUK]

Similar options.

Sorry I should have mentioned 'vary' the application instead of withdraw the former application up above.

Thank you sir for the clarification.