ILR Advice

[UpToDate]

Got the following when a friend called UKBA, The response he got on phone.

You can only apply 28 days prior from visa expiry provided the visa validity covers the five year period (post extension)

Can you please ask for the number on which your friend called on, coz this is opposite to what i asked..
i will call again !

thanks

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Any Update or further information on this??

[UpToDate]

Hi muditmalhotra

any update on this or further information if you have??

Got the following when a friend called UKBA, The response he got on phone.

You can only apply 28 days prior from visa expiry provided the visa validity covers the five year period (post extension)

Can you please ask for the number on which your friend called on, coz this is opposite to what i asked..
i will call again !

thanks

---------------------------------------

Any Update or further information on this??

[muditmalhotra]

NO

dunno how to get correct info out !

[muditmalhotra]

Finally received a reply -- which seems pretty useless -- have a look


"Dear Mr Malhotra

I response to your query regarding your leave to remain in the United Kingdom as a Tier 1 General Migrant.

I have checked your current leave to remain dates for yourself and your spouse and they are correct.
Renewals are made from the date they are worked on by the caseworker, in your case, 16 April 2013. You will need to read our guidance regarding ILR when you are nearer to the time of making your next application.
You will need to follow the ILR guidance, available on our website, at the time of making your application next year. I hope this helps."

This sounds so ridiculous that I made no mistake in my process why should I be penalized for something I was not wrong at !

[argus7]

Agreed, You should have checked your visa expiry. and should have been exactly 5 yrs. It happened to a someone I know, and he got the BRP changed straight away

Go for an extension? When Are you due for ILR.

[muditmalhotra]

Agreed, You should have checked your visa expiry. and should have been exactly 5 yrs. It happened to a someone I know, and he got the BRP changed straight away

Go for an extension? When Are you due for ILR.

ILR is due mar/apr 2015

but extension would cost 1600 for myelf and i m not sure then if i need it for my wife :-s

[argus7]

Your visa has to be valid for total 5 yrs including extension either 3+2 or 2+3

e.g 9 March 2009 - 9 March 2014


Its a safe to pay the money and get another extension as no Tier 1(G) extensions are from 6th April 2015

[muditmalhotra]

Your visa has to be valid for total 5 yrs including extension either 3+2 or 2+3

e.g 9 March 2009 - 9 March 2014


Its a safe to pay the money and get another extension as no Tier 1(G) extensions are from 6th April 2015

Thats true !

and u reckon i need to get it extended for my wife as well ?

she came to uk on 25 november 2011 and has completed fer 2 years stay already

[muditmalhotra]

Your visa has to be valid for total 5 yrs including extension either 3+2 or 2+3

e.g 9 March 2009 - 9 March 2014


Its a safe to pay the money and get another extension as no Tier 1(G) extensions are from 6th April 2015

But I dont still understand why should I pay for an extra renewal when I took care of all the dates from the day one ? ..

[mian1]

hi
i am in the same situation and short of 16 days from 5 years .
but sure that we can apply as for ILR
just apply after 4 years 11 months and 2 days it will be ok.
i am confused about year 5 thing but its nothing on the form
it will be ok

[O_Relly]

Mudit I am almost certain you dont need another extension. I have read previous experience of folks here who were in a similar situation, and have been adviced by moderators to do a postal application for extension and then vary it to a SET(O) or something like that.

Just wait until you get a response from the likes of Amber etc....or just do a bit more digging and am sure you will find such threads.

And...in your case it is quite straightforward, am sure if you keep a cover letter explaining that the 5 days short was not your error, then that would be understood.

Its ridiculous that you should go for an extension for no fault of yours. Only point being you could have corrected it during your previous extension.

Dont worry mate, this is no biggie, can be sorted out.
Cheers

[alxale]

I am in the same situation with 1 week shortfall
The problem is some PEO (Solihull in my case) started to extend the tier1 visa starting from acceptance date , not expiry date from around mid last year.
So if someone extended their visa via these PEOs, there will be a shortfall.
This is no fault of ours - in fact we paid extra to go to the PEO and ended up with a shortfall vs postal.

Has anyone got a reasonable reply from the UKBA ? I am thinking of writing to the PEO

[muditmalhotra]

Thanks o_Relly !

do a postal application for extension and then vary it to a SET(O) or something like that.

can you please tell me what is this vary to a set(o) means ?

[zahmed05]

This is what I got from a professional Lawyer.

Many thanks for sending these across. This may not be a huge issue. Can I ask when you applied for the extension visa. Did you do it significantly before the expiry of your initial visa expiring? If so it may not be possible to apply for ILR as the Home Office guidance does not recommend you applying significantly before your current visa expires.

However, if you did not do this, which is more than possible you may not have a huge issue. There was a period a little while back that the UKBA were issuing Tier 1 extensions from the date of decision rather than the date of expiry. Due to the impact this had on many of our clients, who found themselves in the same position as you, we chased this with the UKBA. The specific client I asked on behalf of was short by about a month of the five years required. The exact wording I received from the UKBA regarding her case was as follows:

In the case of Ms ***** she would have a shortfall of approximately one month due to the overlapping of the initial leave and the extension of leave. However I have confirmed with our ILR team that this would be considered acceptable as the shortfall would be due to our case working procedures rather than any failure on the part of the individual.

Ms ****** should therefore apply for ILR at the appropriate time shortly before her leave is due to expire.

I would check with the UKBA this information is still correct nearer the time you are planning to apply, but based on the above it appears possible you are not going to have any issues moving forward.

[muditmalhotra]

This is what I got from a professional Lawyer.

Many thanks for sending these across. This may not be a huge issue. Can I ask when you applied for the extension visa. Did you do it significantly before the expiry of your initial visa expiring? If so it may not be possible to apply for ILR as the Home Office guidance does not recommend you applying significantly before your current visa expires.

However, if you did not do this, which is more than possible you may not have a huge issue. There was a period a little while back that the UKBA were issuing Tier 1 extensions from the date of decision rather than the date of expiry. Due to the impact this had on many of our clients, who found themselves in the same position as you, we chased this with the UKBA. The specific client I asked on behalf of was short by about a month of the five years required. The exact wording I received from the UKBA regarding her case was as follows:

In the case of Ms ***** she would have a shortfall of approximately one month due to the overlapping of the initial leave and the extension of leave. However I have confirmed with our ILR team that this would be considered acceptable as the shortfall would be due to our case working procedures rather than any failure on the part of the individual.

Ms ****** should therefore apply for ILR at the appropriate time shortly before her leave is due to expire.

I would check with the UKBA this information is still correct nearer the time you are planning to apply, but based on the above it appears possible you are not going to have any issues moving forward.

This sounds convincing.

Thanks for sharing !!

[zahmed05]

I have also dropped a request to get info from Home office. Here is the link and fingers crossed.

https://www.whatdotheyknow.com/request/ ... rement/new

[muditmalhotra]

I have also dropped a request to get info from Home office. Here is the link and fingers crossed.

https://www.whatdotheyknow.com/request/ ... rement/new

they dont reply to specific requests i am afraid

i placed a generic one and they havent responded yet ... legal limit gone already

https://www.whatdotheyknow.com/request/ ... _and_appli

[muditmalhotra]

do we have any direct contact for ILR team ??

[zahmed05]

No I don't have any direct contact. Was looking for email address but didn't find any. Have you got any email address or telephone number?

[muditmalhotra]

No I don't have any direct contact. Was looking for email address but didn't find any. Have you got any email address or telephone number?

there is one phone no for ukba on ukvi site... but they dnt have link to ilr team either

i called that number 3ice

1 - told me i m good
2 - told me i might need extension
3 - told me you can try your luck and explain it in covering letter ( WTF )

[zahmed05]

lol @ third

[muditmalhotra]

lol @ third

lol u can also try ur luck

[zahmed05]

That's from another lawyer

Do you know what the wording was that they replaced? I think possibly not. The wording you have quoted simply means that if you want to qualify for ILR on the basis of T1G then you need to hold T1G when applying (it needs to have been the most recent and current visa).

You do have a valid concern though and it is not an unusual situation - we help lots of people with this and we do so using the same-day service in Croydon to enable us to argue the point if required (the argument for an extension not being required is made in our covering letter anyway but it is a good idea for us to be there on the day to ensure that there are no issues.

I am confident that I can get ILR for you without an extension being required but it does require some caseworker discretion.

[muditmalhotra]

That's from another lawyer

Do you know what the wording was that they replaced? I think possibly not. The wording you have quoted simply means that if you want to qualify for ILR on the basis of T1G then you need to hold T1G when applying (it needs to have been the most recent and current visa).

You do have a valid concern though and it is not an unusual situation - we help lots of people with this and we do so using the same-day service in Croydon to enable us to argue the point if required (the argument for an extension not being required is made in our covering letter anyway but it is a good idea for us to be there on the day to ensure that there are no issues.

I am confident that I can get ILR for you without an extension being required but it does require some caseworker discretion.

do u kno how much this guy charges ?

[zahmed05]

Here is the full response:

Do you know what the wording was that they replaced? I think possibly not. The wording you have quoted simply means that if you want to qualify for ILR on the basis of T1G then you need to hold T1G when applying (it needs to have been the most recent and current visa).

You do have a valid concern though and it is not an unusual situation - we help lots of people with this and we do so using the same-day service in Croydon to enable us to argue the point if required (the argument for an extension not being required is made in our covering letter anyway but it is a good idea for us to be there on the day to ensure that there are no issues.

I am confident that I can get ILR for you without an extension being required but it does require some caseworker discretion.

Our fee for this are £1,500. This fee includes:

- All relevant discussion and eligibility assessment.
- All relevant advice and on going advice as may be required.
- Assessment of documents on an ongoing basis until the application is suitable for submission.
- Finalisation of forms.
- Preparation of the application to the standard required by the Home Office same-day service.
- Arrangement of a same-day service appointment in Croydon.
- Attendance with you on the day of the appointment.

You should take and pass the Life in the UK Test (www.lifeintheuktest.gov.uk/) if you have not already done so. You will of course need to meet the Tier 1 General extension criteria in terms of earnings but you will not need to meet the Maintenance requirement. I recommend, however, that you DO ensure that you meet the requirement, this now being at least £945 available funds at ALL times for a period of at least 90 days immediately prior to submission of the application) just in case. We would not evidence this but we would ensure that we had evidence with us on the day as a backup, although I do not expect it to be necessary. I always believe it best to hope for the best but plan for the worst!

If you would like to proceed and you are happy with our fees then please let me know and I will schedule contact at the beginning of 2015 to start the process.

Kind Regards,

Dean
Dean Marshall <dean.marshall@still-unclear.co.uk>