[jeevan.wiltshire]

I am completing my 5 years of work and life in UK on T2 General VISA. And have the following query

my T2 General VISA started on 4-July-2018, but I landed in UK on 13-July-2018

1. can you clarify whether I complete 5 years on 3-July-2023 or 12-July-2023

and

my BRP validity shows till 3-June-2023, I think it was an error it should have been 3-July-2023

because of this, I am falling short of 2 days or 12 days before I apply for the ILR

as the Gov VISA website says can apply 28 days prior to 5 years completion

2. can you please advise what to do for this 2 or 12 days no visa situation?

 

[Policy reader]

Unlike spouse visa the ILR clock for tier 2 (skilled worker) starts from the date of issuance of visa instead of the date of entry. It means you can certainly use 04 July 2018 as a baseline to calculate the 5 years minus 28 days. Fortunately, there is a safe maneuver which will safely allow you to circumvent the need of any visa extension for just covering the 2 short days. According to it, simply apply 1-2 days before of the visa expiry then book your biometrics appointment when you will qualify. Because on the date of decision your qualifying period must have completed instead on the date of application/biometrics and that obviously will happen slightly later provided the application was not submitted through super priority service.

 

[jeevan.wiltshire]

Thanks for the response. start of visa + 5 years - 28 days is 5-Jun-2023.
but unfortunately my BRP end date is 3-June-2023, it should have been 3-Jul-2023

is there anyway I ask UKBA why they gave 1 month short obviously it looks like a mistake form their end. I should have spotted it earlier, but only realized before ILR application.

technically I am 2 days short not to apply - as per website they will reject they say if applied any early to 28 days.
I know I am asking again even after you accurately answered, are you sure about this circumvent, of applying say on 2-Jun-2023 and submitting Biometrics on 6-Jun-2023
as there is a bit of risk i see

 

[Policy reader]

Zero risk if you would have completed your qualifying period on the date of decision. However, if you are still disinclined to this option despite it has worked for gazillion of applicants flawlessly then you can apply visa extension. Then after two days you can vary into ILR application but under that option you will have to inescapably pay for two sets of application fees where the fee for the first application will be refunded you later.

 

[jeevan.wiltshire]

Thank you again for reply, so to be clear in my head

Option1 -

If I apply ILR on 2-Jun-2023
schedule Biometrics 6-Jun-2023 and pay Priority service (5 days decision service)
Obviously the date of decision will fall under 5years -28 days allowed

Option 2 -
I apply for extension pay visa and IHS fee on 2-Jun-2023 and dont book biometrics
And I apply for ILR application on 6-Jun-2023 and do Biomtetrics same day - on priority service

In option 2 - can you please confirm what is minimum extn i can do and fee, will the whole fee refunded?

Option 3- As I have 2+ months time, can I ask UKBA why they've given 1 month short of 5 years on my BRP.
I should have spotted long back, unfortunately found it now and it is what it is
is there a chance they consider and give a new BRP with 3-Jul-2023 end date as correction, can you please let me know whom should I contact if so

 

[jeevan.wiltshire]

Zero risk if you would have completed your qualifying period on the date of decision. However, if you are still disinclined to this option despite it has worked for gazillion of applicants flawlessly then you can apply visa extension. Then after two days you can vary into ILR application but under that option you will have to inescapably pay for two sets of application fees where the fee for the first application will be refunded you later.

Dear Policy reader

I consulted an Immigration Solicitor about this. Firstly - you are absolutely correct about - My 5 year start date is Entry Clearance VISA Vignette start Date: 04/07/2018
So My 5 Years minus 28 is 06/06/2023, This is clear and perfect.

Now his recommendation is your 2nd option recommendation, which is
first apply VISA extn on 03/06/2023 defer biometrics,
and second apply ILR on 06/06/2023 and take biometrics, so that first application becomes void and I get refund

For my VISA extn, I need a COS letter from my employer - he asked me to take 1 month, so I can apply for 1 month Extn (Visa fee £719 + 1 month IHS 624/12 = 52), which will be refunded
And for my ILR, I obviously need to ask my employer an letter as well

Please can I ask you if the above is fine (VISA extn for 1 month)?

 

[Policy reader]

Dear Policy reader

I consulted an Immigration Solicitor about this. Firstly - you are absolutely correct about - My 5 year start date is Entry Clearance VISA Vignette start Date: 04/07/2018
So My 5 Years minus 28 is 06/06/2023, This is clear and perfect.

Now his recommendation is your 2nd option recommendation, which is
first apply VISA extn on 03/06/2023 defer biometrics,
and second apply ILR on 06/06/2023 and take biometrics, so that first application becomes void and I get refund

For my VISA extn, I need a COS letter from my employer - he asked me to take 1 month, so I can apply for 1 month Extn (Visa fee £719 + 1 month IHS 624/12 = 52), which will be refunded
And for my ILR, I obviously need to ask my employer an letter as well

Please can I ask you if the above is fine (VISA extn for 1 month)?

Another forum you had recently joined is repleted with successful experiences under similar or slightly worst scenarios. Just use the first option through standard service. Goodluck

 

[jeevan.wiltshire]

Another forum you had recently joined is repleted with successful experiences under similar or slightly worst scenarios. Just use the first option through standard service. Goodluck

Thanks for your response again
I am now decided to apply option 1 standard service

from my view point to bolster confidence as much as i can for the most important event (ILR) of my life
can you please post me the similar cases links here from other forum
FYI, i wasn't able to find those posts/replies - i might be using wrong search words