Tier 1 - Extension -ILR

[amir3993]

Hi All,

Can I please request you to put some light on the below queries.

Your help in this regards will be much appreciated.

Initial Tier 1 General Entry clearance visa granted for three years on 13-April-2010
Entered UK on 01-May-2010
Current visa Expiry: 13-April-2013
PEO appointment for Tier 1 General two years extension on 14-March-2013
Question 1- What date is counted towards ILR- Date on which initial Visa was Granted OR Date on which I entered UK?

Question 2- Do I qualify for the ILR 5 year rule, if my visa is granted from the PEO date?

Question 3 - As It will be more than 28 days, i.e 31 days before my current visa expires for applying for my extenstion
Do I need to change my appointment date or will it be ok, as I don't want this 31 days to have any impact on my future ILR application.


Regards
Amir

[amir3993]

Any one ?

[longshift]

Hi All,

Can I please request you to put some light on the below queries.

Your help in this regards will be much appreciated.

Initial Tier 1 General Entry clearance visa granted for three years on 13-April-2010
Entered UK on 01-May-2010
Current visa Expiry: 13-April-2013
PEO appointment for Tier 1 General two years extension on 14-March-2013
Question 1- What date is counted towards ILR- Date on which initial Visa was Granted OR Date on which I entered UK?

Since you came within 90 days, the date to consider for ILR would be 13th April, 2010.

Question 2- Do I qualify for the ILR 5 year rule, if my visa is granted from the PEO date?

Not within 28 days so No. Also, there was a case where someone wrote to the UKBA and got a response saying that you need full 5 years visa to qualify for ILR, even if you apply early by 28 days. But that seems to be a false information from many recent posts on this forum

Question 3 - As It will be more than 28 days, i.e 31 days before my current visa expires for applying for my extenstion
Do I need to change my appointment date or will it be ok, as I don't want this 31 days to have any impact on my future ILR application.

My suggestion is do not take the risk. Try rescheduling your appointment, close to your expiry date, if possible. If not, may God be with you. Many have got extensions from expiry date even when PEO appts were before 28 days. Good Luck.
Regards
Amir

[jonkil]

Hi Longshift,

I have a similar issue and was wondering if you can provide your helpful suggestion? I was a student and then on FTI. After I converted to Tier 1 in country, I have been on Tier 1 for the following dates:

Initial Tier 1: 8 Apr '08 to 27 Mar '11
Tier 1 Extension: 14 Mar '11 to 11 Mar '13

As you can see, there has been an overlap in the dates. I complete 4 years and 11 months exactly on 7 Mar '13. Does this mean I can apply for ILR only from 8 Mar to 11 Mar? or can I apply 28 days ahead of the expiry of 11 Mar?

Please advise?

[cs95tdg]

Initial Tier 1: 8 Apr '08 to 27 Mar '11
Tier 1 Extension: 14 Mar '11 to 11 Mar '13

As you can see, there has been an overlap in the dates. I complete 4 years and 11 months exactly on 7 Mar '13. Does this mean I can apply for ILR only from 8 Mar to 11 Mar? or can I apply 28 days ahead of the expiry of 11 Mar?

Not quite. You can apply from upto 28 days before the 5th anniversary from EC (8 Apr '08) or date of first entry, depending on whether you first entered the UK within 3 months of EC.

[jonkil]

Thanks cs95tdg,

I complete 5 years on 8 April 2013 as I applied in-country when I got my first EC on 8 April 2008. How do they calculate 8 April 2013 minus 28 days:

1. if I count 28 days backwards from 8 April 2013 ( inc. 8 April), I get to 12 Mar, which means I will lose out on the ILR by one day!!

2. if I exclude 8 April when counting backwards, I get to 11 Mar and I’ll be safe , although I’ll have just one day to apply

[jonkil]

Hi, Anyone able to help?

[longshift]

Thanks cs95tdg,

I complete 5 years on 8 April 2013 as I applied in-country when I got my first EC on 8 April 2008. How do they calculate 8 April 2013 minus 28 days:

1. if I count 28 days backwards from 8 April 2013 ( inc. 8 April), I get to 12 Mar, which means I will lose out on the ILR by one day!!

2. if I exclude 8 April when counting backwards, I get to 11 Mar and I’ll be safe , although I’ll have just one day to apply

I would suggest only one thing to you mate. Postal Application for ILR. As PEO would be too tight for you. Your dates are on the border. With Postal application, you will be fine as case worker count your qualifying period from the start of the visa till the decision date(Not the submission date). That way you will be fine. If I were you, I wouldn't risk submitting ILR on the last day of my leave. However, choice is yours.