Visa expires just prior to 5 years needed for ILR

[robheliz]

Hi all,

I'm in the UK on a Tier 2 General Work Visa. I'm getting ready to apply for ILR next year, but have noticed that my visa expires just prior to the 5 years required for the application.

Valid from: 02/03/2015
Valid to: 01/02/2020
Entered UK: 22/03/2015

I've noted that I can apply for ILR up to 28 Days prior to the 5 year requirement; however that date is 03/02/2020, two days after my visa expires.

I'm wondering what is the best way to proceed. Some clarity would be well appreciated; I really don't want to apply for an extension for 2 days!!

Cheers,

[zimba]

You simply need to be eligible on the day of decision. So apply online before visa expiry and then book an appointment on a date which makes you eligible.

[robheliz]

Thank you for your reply. So if I were to apply by 01 February, 2020 but not make my appointment until 02 March 2020, I could even apply for priority service for a 24 hour decision rather than the standard route?

[zimba]

You mean 2nd Feb 2020 ?

[robheliz]

Would the 28 day rule still apply? Sorry, maybe I read that wrong.

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
•the date of application (which would be prior to the 5 year eligibility)
•the date of decision
•any date up to 28 days after the date of application (01 February, 2020 + 28 days = 29 February, 2020)
-If they take the 28 days from the appointment, then I could make that appointment for anytime on or after Monday, 2 March 2020.

Regardless, it appears that I can apply directly for ILR as long as I time it right and will not need an extension. Thank you for your help!