Visa Extensions to adjust ILR shortfall

[sachin_d_hsn]

Hi team,
Greetings.

I need advise when is the earliest I can apply for ILR as per the below :


Visa Type : Tier 2 Skilled worker (single employer)
Visas of 3 years to start with and then an extension for another 3 year.

Date of Issue on 1st BRP : 5th Feb 2020
1st Vignette Date : 24th March 2020 ( Could not travel due to global travel ban during Covid)
2nd Vignette : 15th Sep 2020
Arrival in UK : 15th October 2020


Considering the above
1. When is the earliest I can apply for ILR ?
2. Can I claim the Covid concession(more than 180 days absence), however I dont have any travel ticket cancellation proof. ?

Thanks in advance.

PS: I did try to go through some of the posts but did not get clear answer for my case.

[zimba]

1. Your earliest eligibility date can be 5th Feb 2020 + 5 years - 28 days, assuming UKVI exercises discretion in your favour

When to apply is not that critical.
Read: Applicants can benefit from the date of the ILR decision

2. Discretion is strictly up to the UKVI and there is no specific guide or rule that says how they exercise this. However, the chances of them applying such discretion in your case is high

[sachin_d_hsn]

Thank you Zimba for the response.
I had a read through the link. So I could apply now .

However I am not clear on the date of decision clause , does this means I need to wait for booking my biometrics appointment ?

I am planning to apply via priority route (5 days after biometrics for decision), hence when is the earliest I can book the biometrics appointment.

Apologies if the questions sounds silly.

Thanks in advance.

[zimba]

The logic of it is that you will book your biometrics appointment on or after the earliest date of your ILR eligibility. This just ensures that your date of ILR decision will always be on and after it. This guarantees that you are certainly eligible for ILR whenever the caseworker is about to decide your ILR application. The type of visa service/processing (standard, priority, super priority) will be irrelevant, as no application is processed or decided unless you enrol your biometrics

[sachin_d_hsn]

Hello all ,
Greetings
I currently have ILR (settled status)
My wife’s tier 2 dependent visa expires on 5th of April 2026.

She becomes eligible for ILR on 21st June 2026 by completing 5 years.

What are my options here .
1 . Do I need to extend the current visa for 3 months and then apply for ILR ?
2. Is there any option to directly go to ILR without renewal ?

I have considered arrival date to count the qualifying period and not the vignette date as its dependent visa.

Kindly please advise?
Thanks in advance .

[secret.simon]

What is the vignette date of your wife's initial grant of visa?

[sachin_d_hsn]

Vignette start date is 16th June.

[zimba]

Apply before visa expiry for ILR, delay the biometrics until she is within 28 days of completing her 5 years

[sachin_d_hsn]

Hi all,
Greetings.

Need a advice on how can I use Visa extension to accommodate the 45 day shortfall in ILR qualifying period.

I have settled status from my previous Tier 2 Skilled worker visa
My Spouse and Kid are currently on Tier 2 dependent visa.


Date of issue in BRP : 28th June 2021

Date of Vignette valid from : 16th June 2021

Data of arrival in UK : 19th July 2021

Current Tier-2 visa expiry date: 5th April 2026



My plan :
1. Submit Tier 2 extension before 5th April 2026
2. Hold on biometrics for Tier 2 extension
3. Submit a new ILR application after 19th May 2026 and complete ILR application on priority.

Questions :
1. Does this work ? I have mixed opinions on this .

Has anyone gone through this route.

2. Do I need to reference my Extension application anywhere in my ILR application ?

3. Do I need to cancel my Tier2 extension once ILR is resolved or will I get refund automatically including IHS fees ?

4. Also I guess extension application are verified through ID app, If I intend to hold the biometrics for some time then should I choose physical biometrics option ?

Thanks in advance.

[zimba]

1. Yes, it works. What you referenced is a case regarding the family route (Appendix FM), NOT the dependant route

2. Yes

3. The second application will be the variation of the extension, you simply get refunds for it

4. You can delay the biometrics being enrolled for up to 45 working days.

[sachin_d_hsn]

Thank you Zimba for the response.

You did mention that biometrics can be delayed upto 35 working days , which means I get only a week after 19th May 2026 at best.
I might not be able to get decision on my ILR within 35 working days due to strict timelines.

Does this has any consequence on my earlier extension application or refund ?

Also IHS and extension application refund would be made automatically post ILR without any action from me ?


Thank you in advance.

[zimba]

It is actually 45 working days. They do NOT need to wait until you get ILR. They can vary to ILR and their application will be held until eligible. Any refund will be given automatically

[sachin_d_hsn]

Thank you for the guidance.
Will update here once the process is completed.

[sachin_d_hsn]

Hi Team,
Greetings,
I am about to submit the extension for PBS dependent visa and then go for ILR once I get the eligibility.

However when I have to apply for ILR , I need to provide a valid visa but due to extension under processing I will not be able to provide a valid visa .
Can you please let me know how this works ?

Also in one of the post it was suggested to apply for ILR directly and then delay the biometrics till eligibility ?
viewtopic.php?p=2206643&hilit=dependent ... n#p2206643

Can you please let me know if the extension application and then ILR is safer or direct ILR ?
Thanks in advance.




Thanks
Sachin

[lolo2]

No need to apply for a visa extension!

The ILR application can be submitted before/by expiry date of the current visa and then delay biometrics until a date that ensures the ILR decision is taken within the eligibility period.

You already were extensively advised on this!