When can I apply ILR???

[georose]

Hi, I need your help please... I am planning to apply for ILR soon... but i wanted to ask when is the latest I can apply for ILR? My visa will expired June 14 2015. I know I can apply 28 days before my visa expiration but when is the latest I can apply? anybody had an experience??? please need to hear from you, any advices please??? thank you....

[Terpe]

Hi, I need your help please... I am planning to apply for ILR soon... but i wanted to ask when is the latest I can apply for ILR? My visa will expired June 14 2015. I know I can apply 28 days before my visa expiration but when is the latest I can apply? anybody had an experience??? please need to hear from you, any advices please??? thank you....

Hi georose,

If you allow your visa or BRP to expire you become an overstayer.

Make no mistake, overstaying is a criminal offence so technically there's no period of grace that allows you to do this legally.

When visa applications are made within existing visa/BRP validity your existing status remains and you will not be considered an overstayer during the application decision making process. This applies even when making application on the last date of visa validity.

Even though the immigration rules can provide allowance of "overstay disregard" for up to 28 days after visa expiry, that provision is really there for cases where the applicant has specific circumstances preventing their application to be made within time.

Any overstay in excess of 28 days could have serious consequences. Also do be aware that when applications are submitted as an overstayer your immigration status continues to be that of an overstayer during the application decision making process.

I have no idea why you are contemplating allowing your leave to remain to expire, but because the "disregard" rules are complicated and open to interpretation and discretion I'd strongly suggest you seek specialist advice from an authorised immigration advisor.

Yes, there is a 28 day disregard in the immigration rules but there's always potential for unexpected consequences.

If you do not have genuine and compelling reasons for deliberately submitting an out-of-time application please be aware that legally:-

- you have committed an offence
- you have no valid leave status after visa expiration
- you leave yourself open for removal
- you may not be working legally and your employer may be implicated
- you may lose any right of appeal

I'm sorry is this all sounds too worrying, I just want you to understand the legal technicalities. Please seek experienced professional advice around your own personal circumstances.
Immigration rules have provision for what your suggesting but only under specific conditions.

In those cases where you might have been unable to secure the correct English Language certificate or Life in UK pass certification then you should really make application for another FLR(M)
The ILR application can still be submitted at any time without the need to wait for time periods, it just comes down to budgets.

Good luck

[georose]

hi terpe, thank you for the reply, my visa expires on June 14 2015 next month and i am planning to apply this May 22 2015, is it still ok? thanks again....

[Terpe]

hi terpe, thank you for the reply, my visa expires on June 14 2015 next month and i am planning to apply this May 22 2015, is it still ok? thanks again....

Yes, that's perfectly fine.
Your application may be submitted no earlier than 28 days before expiry and anytime between then and the expiry date.

Reading my reply again it looks like I misunderstood your question so I apologise for that. I was thinking you wanted to apply after expiry.

[georose]

Its ok terpe, it just annoying coz its gone up to £ 1500 for standard ILR. Thank you so much i was a little worried as i dont want to miss this opportunity....

[Terpe]

Its ok terpe, it just annoying coz its gone up to £ 1500 for standard ILR. Thank you so much i was a little worried as i dont want to miss this opportunity....

I'm sure all will be fine for you.
Yes, it's a big expense. We all know that. It's the end of pretty much all of the immigration controls and provide the gateway opportunity for British Citizenship whenever you can find the budget.

Very best wishes to you.