Is it worth applying for an ILR too early (because visa is about to expire and you don't want to pay for an extension)

I am often asked: "Can I apply for an ILR when my current visa is about to expire but I am short of, say, 3 months? I don't want to pay for an extension only to apply for an ILR 3 months after that."

My answer: If your issue is that you delayed your entry to the UK (ie did not enter as soon as your visa was issued) then it is not a problem if you are applying on the basis on 5 years on work visas. You are allowed to count your 5 residency from the date of visa issue (not date of entry to the UK) as long as that delay (between visa issue and arrival in the UK) is no more than 3 months.

However, if you are applying on the basis of 10 years in the UK then you need to have a full 9 years and 11 months of residency in the UK, with no breaks between the visas. You need 10 years but you can apply within 28 days before that. Sometimes we see clients who are only a few months short of 10 years and face a prospect of applying for another extension (which is not cheap) only to apply for an ILR just a few months later (if not straight away as postal visa process may take 3-4 months). Understandably, they don't want to pay if they can avoid it! However, if you apply too early your application would be invalid and return to you without processing.

Www.1st4immigration.com

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