Short fall for ILR

[phoenix3123]

Hi there,

I have read the posts regarding the short fall to qualify for ILR. Still needing some clarification. I know It is bit premature to ask this , I want to make sure.

My situation is :

Initial COS was allotted on the 29th of January 2010 - 28th January 2013,

but the visa was stamped on 5th of March 2010 - 28th January 2013 through same day stamping.

and I need to get an extension for the next two years from 28th January 2013 - 28th January 2015.

There is short fall of 1 week for 5 years .

Should I mention to my HR regarding the shortfall or to the case worker when I go for my extension to cover those 7 days.

any advise is much appreciated .

Thank you

[uksettlement]

Hi,

Sorry but didn't get which 7 days you are referring to.

Thanks!

Sohel

[phoenix3123]

I will only qualify on 5th of March 2015.

My next extension will be only for two years from 28th Jan 2013 to 27th jan 2015.
Even though I can apply 28 days before 5th of March 2015 i.e on the 5th of Feb 2015 , I will be falling short by 7 days

[cs95tdg]

I will only qualify on 5th of March 2015.

My next extension will be only for two years from 28th Jan 2013 to 27th jan 2015.
Even though I can apply 28 days before 5th of March 2015 i.e on the 5th of Feb 2015 , I will be falling short by 7 days

I think you have misunderstood what the 5 year residency requirement is.
You need to have sufficient leave to remain in the UK to cover the 5 years even though you are allowed to apply for ILR 28 days before your 5th anniversary. From the information you have provided, this is what I understand:

1) Initial EC Date: 5th March 2010
2) Date of Entry into the UK: Not specified. Did you enter within 3 months of the above EC? This will be key towards determining when your ILR clock begins. My response below is assuming you did.
3) Expiry date of current leave to remain: 28th January 2013

If you are granted a 2 year extension, effective exactly from that expiry date then your leave to remain will run until 28th January 2015. The shortfall for your 5 year residency here will not be 7 days as you suggest but rather the number of days between 28th January 2015 & 5th March 2015.

I would suggest that if your circumstances permit it, you apply for your next extension by post and apply close towards your current leave to remain expiry date. The reason being, the UKBA take longer to process postal applications, thereby you may gain the short fall of days you appear to have by doing this.

[phoenix3123]

Thanks for the reply.

The COS was issued on the 29th January 2010.
I was in UK and I switched from PSW and only got the date for the same day service on the 5th March 2010 for the stamping.

My circumstances doesn't permit to go through post for the extension. Can the advice of the case worker when I go for my extension ?

Thank you

[cs95tdg]

Can the advice of the case worker when I go for my extension ?

I'm not sure what you mean to ask above. Can you clarify? However, based on what you have now said & the current rules my understanding is that you will need to apply for a second extension to qualify.

[phoenix3123]

Thanks for the reply.

I will try to explain my situation again:

My COS was issued on the 29th of January 2010 until 28th of January 2013. But got the stamping done on the 5th of March 2010 until 28th of January 2013.I was under PSW when I got my stamping done.

I will going for my next two year extension from 28th January 2013 until 27th January 2015.

There is gap of 33 days (5th of March 2015) to qualify for ILR. Even If I go for the postal option the end date will be on the 27th of January 2015.

What are my options now?:

Will my organisation has to renew their license and issue another COS in 2015?

Will I get a grace period for the 33 days?

Hope I was able to clarify in detail.

Thank you very much.

[david1955]

Thanks for the reply.

I will try to explain my situation again:

My COS was issued on the 29th of January 2010 until 28th of January 2013. But got the stamping done on the 5th of March 2010 until 28th of January 2013.I was under PSW when I got my stamping done.

I will going for my next two year extension from 28th January 2013 until 27th January 2015.

There is gap of 33 days (5th of March 2015) to qualify for ILR. Even If I go for the postal option the end date will be on the 27th of January 2015.

What are my options now?:

Will my organisation has to renew their license and issue another COS in 2015?

Will I get a grace period for the 33 days?

Hope I was able to clarify in detail.

Thank you very much.

dude just to let u know from april 2012 onwards all the extension will be for 3 years , unless specified for lesser duration. Regardless of when you were first granted tier 2 visa

http://www.immigrationboards.com/viewto ... &start=140

[cs95tdg]

My COS was issued on the 29th of January 2010 until 28th of January 2013. But got the stamping done on the 5th of March 2010 until 28th of January 2013.I was under PSW when I got my stamping done.

As your time in the UK on PSW will not count towards your ILR residency, the only date that is relevant here is 5th of March 2010 (ILR clock begins).

I will going for my next two year extension from 28th January 2013 until 27th January 2015.

There is gap of 33 days (5th of March 2015) to qualify for ILR. Even If I go for the postal option the end date will be on the 27th of January 2015.

This is not necessarily true. As I attempted to explain earlier, all be it unsuccessfully... if you apply by post and apply close towards your current leave to remain expiry date then there is a possibility that your visa approval date may be later than 28th of January 2013. For example I applied for a visa extension in Februrary this year and only received my approval in May. As leave to remain dates are not backdated, you could gain additional days (or even months) based on the date of approval. I.e. they will grant you an extension effective from the date of approval. Hope this has clarified the point I attempted to make before.

I have now seen the subsequent response by david... which states you will get a 3 year extension. If this is the case then you will have no issue at all!

[phoenix3123]

Thanks alot for every one for the advice. If the extension is for 3 years no worries. Will share my experience once I get the things done.

Thanks again folks

[palaremzi]

Thanks alot for every one for the advice. If the extension is for 3 years no worries. Will share my experience once I get the things done.

Thanks again folks

please note that the extension is
i. 3 years plus 14 days; or
ii. to the end date given on your Certificate of Sponsorship plus 14 days whichever is the shorter period.

so, make sure that the extension COS has 3 yrs or more in it. (or at least enough to cover the gap you've mentioned earlier).

[phoenix3123]

If the extension is for 3 years then I don't to worry. All I need is 2 years and 1 month to qualify for ILR.

Appreciate all the advice.

thanks every one. will update in January 2013.