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early application for extension and ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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palaremzi
Junior Member
Posts: 92
Joined: Fri Jan 22, 2010 11:52 pm

early application for extension and ILR

Post by palaremzi » Fri Apr 20, 2012 2:36 am

Hi
My visa runs out Sept 20, 2012. The earliest one can apply for extension is 3 months prior to the expiry date. The question is if I apply, say on June 21st, will the extension start from June 21st or Sept 21st?

This is important for the ILR application, which of course requires 5 yrs continous residence in the UK. If the extension is given after June 21st 2012, then it'll expire June 21st 2014, which is exactly 3 months shy of the 5 yr requirement; hence I cannot apply for ILR.

Ideally I want to apply as early as I can, so that in case something goes wrong I have time to recoup. But if the above issue is valid, then applying early means shooting yourself in the foot.

Any insights welcome on this.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: early application for extension and ILR

Post by Lucapooka » Fri Apr 20, 2012 1:06 pm

palaremzi wrote:Hi
My visa runs out Sept 20, 2012. The earliest one can apply for extension is 3 months prior to the expiry date.
You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship.

But you can apply with valid COS at any time. The problem with applying too early is that it may create a shortfall in the residence period as they tend not to add unexpired leave into the new grant. You should refer to paragraph 182 above for the total amount of time leave can be granted for in each Tier 2 category

palaremzi
Junior Member
Posts: 92
Joined: Fri Jan 22, 2010 11:52 pm

Re: early application for extension and ILR

Post by palaremzi » Sat Apr 21, 2012 1:19 am

[quote= The problem with applying too early is that it may create a shortfall in the residence period as they tend not to add unexpired leave into the new grant. [/quote]

So basically applying early is indeed shooting yourself in the foot.
The current visa covers the three year period from Sept 2009 to Sept 2012. The extension will be 2 yrs covering Sept 2012 to Sept 2014. In total it is barely enough for ILR. Apply early and you're in trouble... Very strange!

palaremzi
Junior Member
Posts: 92
Joined: Fri Jan 22, 2010 11:52 pm

Re: early application for extension and ILR

Post by palaremzi » Sat Apr 21, 2012 1:21 am

Lucapooka wrote: The problem with applying too early is that it may create a shortfall in the residence period as they tend not to add unexpired leave into the new grant.
So basically applying early is indeed shooting yourself in the foot.
The current visa covers the three year period from Sept 2009 to Sept 2012. The extension will be 2 yrs covering Sept 2012 to Sept 2014. In total it is barely enough for ILR. Apply early and you're in trouble... Very strange!

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