ILR: Shortfall by 2 months

[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

[vinny]

See also Just short of 5 years (HSMP / Tier 1) - do i need extension.

[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

[vinny]

I agree (click on above link).

[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

[geriatrix]

Your query has already been answered above by vinny!