10 year long residency rule - applying 28 days in advance

[bpviswa]

Hello All,

I entered the UK on the 29th of January 2003 and I will complete my 10 years on the 28th of January 2013. My current Visa expires on the the 31st of December 2012. Can I still apply for an indefinite leave to remain based on 10 years long residence rule, even though I am missing the "you can apply up to 28 days before you complete 10 years" by just 1 day? If my application reaches UKBA on the 31st of December 2012, will they show discretion and accept my application as a valid one?

Many Thanks for your help.

Viswa

[geriatrix]

Post application by special delivery on 31st. Keep prrof of posting.
Should be okay.

[bpviswa]

Thanks lot for your reply sushdmehta. I shall send it off on the 31st as you have suggested. I though I might have to hire a solicitor for this one but I guess its not that complicated.

[geriatrix]

Apply shortly before leave expires. If you are eligible at the date of the decision, then you should be ok.