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Vineet S
Vineet S,
Category: Immigration Law
Satisfied Customers: 3097
Experience:  Freelance Solicitor at Self Employed
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I am planning to apply for ILR next year. My wife and child

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I am planning to apply for ILR next year. My wife and child entered the UK a month after I did. Their Visa start dates are 26 June 2017 and have end dates of 09 June 2022. They entered the UK on 25 July. They will be a few weeks short of five years when the current visa (tier 2 worker) expires. Can they apply for indefinite leave to remain next year, or do we all need to apply for a visa extension?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I found this in “Indefinite leave to remain: calculating continuous period in UK” Version 22.0 - Published for Home Office staff on 01 December 2020
JA: Have you talked to a lawyer about the green card?
Customer: Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I like in the UK. my citishenship is American. I haave not talked with a lawyer.
Customer: replied 13 days ago.
My visa start date is 26-05-2017. I entered the UK on 13 June 2017.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

If a phone call is not required then please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

I will go through your question and will get back to you with my answer shortly.

Customer: replied 13 days ago.
It seems to me that we could all apply at the start of June 2022 and get by if the five years starts when the visa was issued (bioetric residence permit printed) and I usnderstand the bit about "any date up to 28 days after the date of application" but I really don't want to pay for the applications just to have them denied.

Usually you can apply 28 days prior to the date you entered the UK, but if you entered the UK within 3 months of your visa being issued, you are eligible to apply 28 days prior the issue date on the visa, for your ILR.

The earliest possible application date is 28 days before the five-year anniversary of the granting of leave to enter the UK (i.e. not the date you actually entered the UK). This is because the Home Office include the time between the granting of the visa and your entry into the UK as part of your leave time in the UK. If, however, the gap between being granted leave and entering the UK is more than 90 days, then this is not included,

Customer: replied 13 days ago.
but what if the applicant is 20 days short of five years when they submit the application?
Customer: replied 13 days ago.
28 days prior to the issue date (26 June) is before the expiry date (09 June 2022), but when the current visa expires, five full years will not yet have been reached.
Customer: replied 13 days ago.
by a full 17 days.

As the applicant is just short by 17 days, the case workers can use their discretionary power and would be granting the applicant ILR , even though the applicant has not completed 5 years continuous stay

Vineet S and other Immigration Law Specialists are ready to help you
Customer: replied 13 days ago.
That does sound promising. Thank you.

You are welcome. Have a good day.