Urgent Tier 1 General Extension guidance

[smt09]

Hello Members,
I am a new member to the immigration board. I have a confusion with my second extension. Please help me with my Visa application.

I applied my Tier 1 General visa on 05 Apr 2011 by post.

Probably the application reached UKBA after 06 Apr 2011. I received a letter from UKBA on 03 Aug 2011, stating that the application sent is invalid because of wrong fees ( As the Visa fee got changed after 06 Apr 2011). I sent UKBA the proof of Posting the visa application dated 05 Apr 2011.

After that on 22 Aug 2011, I received another apology letter from UKBA stating that they are sorry for invalidating my Visa application as the application posting proof shows that the application was posted before the 06 Apr 2011 with the correct visa fees. They also mention that now my application will be reviewed and I'll be granted the Tier 1 General Visa.

On 07 Oct 2011, I received a letter from the UKBA stating thanks for submitting application and the Tier 1 General Visa is granted and I'll be receiving the BRP and Passport shortly.

because of my work commitment I got my visa renewed for second extension before the expiry date. The extension visa is granted till 21 Aug 2016.


Now , I have the confusion whether I count the 5 years from the date of letter dated 22 Aug 2011 where UKBA mention that the visa application will be reconsidered and the Visa will be granted or the letter 07 Oct 2011 where UKBA mentioned that I have been granted the Tier 1 General Visa.

I would be short by around 20 days in completing 5 years when I apply for the ILR if I consider the 22 Aug 2011 dated letter . Do you think I should go for second extension?

Please suggest

Thanks a lot

[Malik44]

Your 5 years continuous residence time period start from 7th Oct 2011.
your current leave is expiring 21 Aug 2016. and your 5 years will be completed by 7th Oct 2016 even if you apply 28 days before to 7th Oct 2016 which is 9th September 2016 still 19 days short.
sorry you need another extension to complete 5 years time.

[Manka10]

On what basis are you considering your initial Tier 1 started from 22 Aug 2011?
Its immaterial when your T1G started. HO gave you 5 years in total, you are falling short because you filed an early extension

[smt09]

Thanks Malik44 and Manka10 for your reply. I'll apply for second extension on Monday.

Best Wishes
Smt09

[O_Relly]

Hello Members,
I am a new member to the immigration board. I have a confusion with my second extension. Please help me with my Visa application.

I applied my Tier 1 General visa on 05 Apr 2011 by post.

Probably the application reached UKBA after 06 Apr 2011. I received a letter from UKBA on 03 Aug 2011, stating that the application sent is invalid because of wrong fees ( As the Visa fee got changed after 06 Apr 2011). I sent UKBA the proof of Posting the visa application dated 05 Apr 2011.

After that on 22 Aug 2011, I received another apology letter from UKBA stating that they are sorry for invalidating my Visa application as the application posting proof shows that the application was posted before the 06 Apr 2011 with the correct visa fees. They also mention that now my application will be reviewed and I'll be granted the Tier 1 General Visa.

On 07 Oct 2011, I received a letter from the UKBA stating thanks for submitting application and the Tier 1 General Visa is granted and I'll be receiving the BRP and Passport shortly.

because of my work commitment I got my visa renewed for second extension before the expiry date. The extension visa is granted till 21 Aug 2016.


Now , I have the confusion whether I count the 5 years from the date of letter dated 22 Aug 2011 where UKBA mention that the visa application will be reconsidered and the Visa will be granted or the letter 07 Oct 2011 where UKBA mentioned that I have been granted the Tier 1 General Visa.

I would be short by around 20 days in completing 5 years when I apply for the ILR if I consider the 22 Aug 2011 dated letter . Do you think I should go for second extension?

Please suggest

Thanks a lot

What was the start date and end date mentioned in your BRP ? prior to your 1st extension ? What visa were you on prior to your in-country Tier 1 General applicaiton ?

[smt09]

Hi OR,
Thanks for asking about the dates ! It does confirms that I need the second extension.

I PSW Visa was valid from 02 Jun 2010 to 02 Jun 2012

Tier 1 General was valid from 07 Oct 2011 to 07 Oct 2013

First Extension is valid from 21 Aug 2013 to 21 Aug 2016.


Best Regards

Smt09

[O_Relly]

Hi OR,
Thanks for asking about the dates ! It does confirms that I need the second extension.

I PSW Visa was valid from 02 Jun 2010 to 02 Jun 2012

Tier 1 General was valid from 07 Oct 2011 to 07 Oct 2013

First Extension is valid from 21 Aug 2013 to 21 Aug 2016.


Best Regards

Smt09

Right, does appear you do need an extension.

Since your PSW was valid until 02 June 2012, time spent by UKBA considering your application ie., since 05 April 2011 to 06 Oct 2011, cannot be considered time spent towards ILR.

For eg., if your PSW was valid until 06 April 2011 and you applied a day earlier 05th April 2011, then the time spent by UKBA considering your application (6 months, ie., 06 April 2011 to 06 Oct 2011) is still legally valid time, where you could continue employment etc.

What I am not sure of, is in this example, if that time would be considered as valid time towards ILR, given it was a Tier 1 General application.