FAO-who got Tier1 Early Exten. but not covers complete 5yrs

[abdik1980]

Hi,

This thread is ONLY for those who applied for Tier 1 (General) Early Extension but their extended visa does not cover the complete 5yrs period to get ILR. Here is my time line:

I applied approx. 18months before visa expiry. Here is the time line:

Tier 1 ( General ) Initial Visa Stamped: 9th Feb, 2009
Tier 1 ( General ) Initial Visa Expiry Date: 9th Feb, 2012
Tier 1 Extension Application Date: Payment deducted on 20th Aug, 2010
Extended Tier 1 Visa Expiry Date: 9th September, 2012 [ They have given me ONLY 2yrs visa ]
Passport received on: 10th Sept, 2010
Provided any reason to HO for early extension: Yes

They have given me 2yrs visa which is not enough to complete 5yrs in UK to get ILR. This is very unfair. Some people are getting visa till the end of 5yrs even they apply 2yrs before current visa expiry. Is there anyone who got 2yrs visa and later he/she contacted border agency to fix this visa expiry error? I am looking forward to contact border agency to fix this problem? If they dun take it seriously and fix this visa expiry error then we can go to court. This is really unfair we should be together and raise voice against this issue. Your suggestions will be warmly welcome.

[abdik1980]

Immigration Rules:

art 6A Point Base System:

Ref: http://www.ukba.homeoffice.gov.uk/policyandlaw/...

245D. Period and conditions of grant

(a) Entry clearance will be granted for a period of 2 years.

(b) Leave to remain will be granted for a period of 3 years, to an applicant who has, or was last granted,
leave:

(i) as a Tier 1 (General) Migrant under the rules in place on or after 6 April 2010,

(ii) as a Highly Skilled Migrant,

(iii) as an Innovator,

(iv) as a Self-Employed Lawyer, or

(vi) as a Writer, Composer or Artist.

(c) In all other cases, leave to remain will be granted for a period of 2 years.

[abdik1980]

Extending your Stay: Applying

Ref: http://www.ukba.homeoffice.gov.uk/workingintheu...

Extending your stay

How long can you extend your stay?

If we approve your extension application, you will be able to continue living and working in the UK for a maximum period of three years (or two years if you are currently a Tier 1 (General) migrant whose current permission to stay was granted before 6 April 2010).

At the end of this period, you may have lived continuously in the UK as a highly skilled migrant for five years. You can then apply to settle permanently in the UK. If you are not yet eligible for settlement, you can apply for permission to extend your stay under Tier 1 (General) again.

When to apply

You should make your application as soon as possible, and before your current permission to stay expires. We encourage you to apply at least one month before your permission expires.
Postal applications

We should not be penalized for early extension and visa should be given from current visa expiry according to rules.

[abdik1980]

We applied for extension so we should be granted 2yrs visa from current visa expiry till 5 yrs. Any thoughts?

Another useful thread: www.spammer.com/uk-discussion-forums/ti...

[tipu20]

Hi abdik1980

Looks like your Initial visa was issued for 3 years, then you applied for extention 2 years before it was suppose to expire , Home office then issued you the visa from your current date for another 2 years. if this is the case then you may have to contact home office to correct your visa as extension should be given from current expiry to another 2 years.

if you don't mind. Can you share the reason why you applied for extension 2 years before & what reason you gave ? (you can reply in private threads also )

Regards,
Tipu

[push]

We applied for extension so we should be granted 2yrs visa from current visa expiry till 5 yrs. Any thoughts?

Another useful thread: www.spammer.com/uk-discussion-forums/ti...

Where do the guidelines/references provided above say that the VISA will be granted for such duration as to ensure that you get a total leave for a total of "5" years from initial grant? All the reference you quoted above say that you will be granted a VISA for 2 years if the original leave was for 3 years, which is what you have got. Now you decided to apply 2 years in advance to suit your own circumstances and unfortunately unlike many other cases the caseworker approved the VISA from the date of approval instead of expiry of current VISA.

A point to ponder: If someone applies for an extension the day he lands in UK do you reckon HO should grant them an extension for 3 years from the expiry of their current leave (2 years)? Let us not forget that those who are applying for pre-mature extensions (except genuine cases) are in-effect trying to fool (or trying to use a loophole in the system) the system (of initial leave followed by extension). Is it right or wrong is a question that I dont want to pass a value judgement. I guess what your post suggests is -if most of the people are allowed to get away with it, why not you?

[push]

Before anyone starts getting squeamish over what I said above - I am not saying that OP's position is wrong or right in any manner whatsoever.

[abdik1980]

Hi abdik1980

Looks like your Initial visa was issued for 3 years, then you applied for extention 2 years before it was suppose to expire , Home office then issued you the visa from your current date for another 2 years. if this is the case then you may have to contact home office to correct your visa as extension should be given from current expiry to another 2 years.

if you don't mind. Can you share the reason why you applied for extension 2 years before & what reason you gave ? (you can reply in private threads also )

Regards,
Tipu

I mentioned following reasons in my cover letter:

- I successfully score points required for extension of stay.
- Extension of stay is required and is very important to secure a better job/long term contract/permanent opportunity.
- I am unable to draw any future business plan (for my private/own business) or secure any loan to set up small business (to start part time initially) because my leave to remain does not provide security to many lenders.
- Extended leave to remain will give me more flexibility to schedule my future (especially overseas) business commitments in much better and organized way.

[abdik1980]

We applied for extension so we should be granted 2yrs visa from current visa expiry till 5 yrs. Any thoughts?

Another useful thread: www.spammer.com/uk-discussion-forums/ti...

Where do the guidelines/references provided above say that the VISA will be granted for such duration as to ensure that you get a total leave for a total of "5" years from initial grant? All the reference you quoted above say that you will be granted a VISA for 2 years if the original leave was for 3 years, which is what you have got. Now you decided to apply 2 years in advance to suit your own circumstances and unfortunately unlike many other cases the caseworker approved the VISA from the date of approval instead of expiry of current VISA.

A point to ponder: If someone applies for an extension the day he lands in UK do you reckon HO should grant them an extension for 3 years from the expiry of their current leave (2 years)? Let us not forget that those who are applying for pre-mature extensions (except genuine cases) are in-effect trying to fool (or trying to use a loophole in the system) the system (of initial leave followed by extension). Is it right or wrong is a question that I dont want to pass a value judgement. I guess what your post suggests is -if most of the people are allowed to get away with it, why not you?

Extension means Extension.. and logically they should issue 2 years visa from date of current visa expiry. UK border agency provides us opportunity to apply anytime before visa expiry if we fulfill immigration rules.

[push]

Extension means Extension.. and logically they should issue 2 years visa from date of current visa expiry. UK border agency provides us opportunity to apply anytime before visa expiry if we fulfill immigration rules.

By the same logic everyone who enters UK should apply for Tier-1 extension immediately and expect to be granted a leave for a further two years (taking the total leave to 5 years). And if that's the case, all those who have got tier-1 initial approval are your audience.

[abdik1980]

Extension means Extension.. and logically they should issue 2 years visa from date of current visa expiry. UK border agency provides us opportunity to apply anytime before visa expiry if we fulfill immigration rules.

By the same logic everyone who enters UK should apply for Tier-1 extension immediately and expect to be granted a leave for a further two years (taking the total leave to 5 years). And if that's the case every person who has got tier-1 approval is your audience.

UK Border Agency should clearly mention one should NOT apply at least one month before visa expiry. Why they confuse people? Why they don mention it? Why some people are getting visa till the end of 5 yrs? Why they are not clear?

[geriatrix]

It is not UKBA confusing people, but people taking advantage of a loophole in the system - applying for extension early when they still hold a valid leave to enter / remain that lasts for months or even years - to suit their needs (hoping to save themselves from further changes in PBS eligibility criteria)!

Nowhere in the rules does it state that when extension is applied for months early the new leave will be issued from the expiry date of current visa.

Some get lucky, some don't! Unfortunately, in your case it seems that the plan hasn't worked!



regards

[abdik1980]

It is not UKBA confusing people, but people taking advantage of a loophole in the system - applying for extension early when they still hold a valid leave to enter / remain that lasts for months or even years - to suit their needs (hoping to save themselves from further changes in PBS eligibility criteria)!

Nowhere in the rules does it state that when extension is applied for months early the new leave will be issued from the expiry date of current visa.

Some get lucky, some don't! Unfortunately, in your case it seems that the plan hasn't worked!



regards

Really?

[geriatrix]

Why did you apply so early? Apart from hoping to save yourself from further changes in the PBS qualifying criteria, did you have any other (valid) reason? Why couldn't you have applied close to expiry of your current leave?


regards

[abdik1980]

Why did you apply so early? Apart from hoping to save yourself from further changes in the PBS qualifying criteria, did you have any other (valid) reason? Why couldn't you have applied close to expiry of your current leave?


regards

Obviously I wanted to save myself from the last minute risk and have some future plans to involve myself more economically in this country. Let me mention my reasons again:

- I successfully score points required for extension of stay.
- Extension of stay is required and is very important to secure a better job/long term contract/permanent opportunity.
- I am unable to draw any future business plan (for my private/own business) or secure any loan to set up small business (to start part time initially) because my leave to remain does not provide security to many lenders.
- Extended leave to remain will give me more flexibility to schedule my future (especially overseas) business commitments in much better and organized way.

They play with our careers whenever they want. We have left our country, jobs, career everything and migrated here because they need highly skilled people but this is really unfair the way they play with us!

[geriatrix]

See also 245D. Period and conditions of grant. Don't see the following appended anywhere - "from date of expiry of current leave".


Not denying that more often than not people (applying much earlier than required) may have got lucky - with their extensions starting from end of current leave. It's just that you were amongst the unlucky ones! And for that you cannot claim injustice.


regards

[geriatrix]

UKBA is not an organisation which dictates the labour market in the UK. The requirements / expectations imposed by employers or banks on job seekers or self-employed persons respectively is not something that concerns UKBA.

UKBA deals with immigration applications, in accordance with immigration rules, and all such factors that you have mentioned are irrelevant to an application for leave to enter / remain in the UK. Your application is assessed according to the specified policies / rules and such rules do not include the "risk appetite" of the UK labour market.

Imagine people claiming UKBA should find them jobs too because it is they (UKBA) who approve their immigration applications in the first place.

Do not confuse immigration rules (UKBA) with labour market reality (employers, banks etc.).


regards

[abdik1980]

See also 245D. Period and conditions of grant. Don't see the following appended anywhere - "from date of expiry of current leave".


Not denying that more often than not people (applying much earlier than required) may have got lucky - with their extensions starting from end of current leave. It's just that you were amongst the unlucky ones! And for that you cannot claim injustice.


regards

Rules are rules and should be same for everyone.

[geriatrix]

Rules are rules and should be same for everyone.

They are.

You may wish to pursue the matter legally - in an effort to get your leave extended to cover 5 years ... or ... to force UKBA to invalidate leave granted to people who were lucky!


regards

[abdik1980]

Rules are rules and should be same for everyone.

They are.

You may wish to pursue the matter legally - in an effort to get your leave extended to cover 5 years ... or ... to force UKBA to invalidate leave granted to people who were lucky!


regards

There should not be any loop hole in the rules. They should CLEARLY mention dont apply a month before your expiry.

[abdik1980]

See also 245D. Period and conditions of grant. Don't see the following appended anywhere - "from date of expiry of current leave".


Not denying that more often than not people (applying much earlier than required) may have got lucky - with their extensions starting from end of current leave. It's just that you were amongst the unlucky ones! And for that you cannot claim injustice.


regards

Someone got following email from UK border Agency regarding issuance of visa till the end of 5 yrs.

From: IND Public Enquiries [mailto:UKBApublicenquiries@UKBA.gsi.gov.uk]
Sent: 02 September 2009 15:57
To: Sohel Modi
Subject: RE: Extending my HSMP visa



Dear Sir/Madam,

Thank you for your enquiry.

Please be advised that, although your visa application (if granted) will be valid from the time a decision is made on the application, in practice the start date will be from the expiry date of your current visa.

Therefore, you will not be penalised for submitting your visa extension application before the recommended 28 days before your current visa expires.

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency

________________________________________
From: Sohel Modi [mailto:Sohel.Modi@m-chi.com]
Sent: 27 August 2009 09:23
To: IND Public Enquiries
Subject: RE: Extending my HSMP visa
Hi Amrit,

Thank you for the detailed response.

I just need clarification on this point. My HSMP was valid from April 2008 to April 2010.

Now under Tier one I will be extending my stay. However, If I apply in September 2009 then the visa will be stamped from Sept 2009 to Sept 2011 and as a result I will not fulfil the 5 yr criteria for PR.

Is there an arrangement for ILR after 4.5 years?

Please let me know.

Thanks!

- Sohel

[geriatrix]

On basis of this email, you may ask UKBA to reconsider their decision. Or as suggested, you may pursue the matter legally if you wish.

This said, bear in mind that UKBA staff handling telephone / email queries are notorious for giving incorrect or out of date information. Don't be surprised if UKBA reverts back to you apologising for the incorrect email response by their helpdesk staff and do nothing (because immigration rules do not mention anything of the sort).


regards

[abdik1980]

On basis of this email, you may ask UKBA to reconsider their decision. Or as suggested, you may pursue the matter legally if you wish.

This said, bear in mind that UKBA staff handling telephone / email queries are notorious for giving incorrect or out of date information. Don't be surprised if UKBA reverts back to you apologising for the incorrect email response by their helpdesk staff and do nothing (because immigration rules do not mention anything of the sort).


regards

I have sent email to UK border Agency regarding visa expiry issue and here is their reply:


On Tue, Sep 14, 2010 at 11:00 AM, IND Public Enquiries <UKBApublicenquiries@ukba.gsi.gov.uk> wrote:

Dear Sir,
Thank you for your enquiry.
I regret that the UK Border Agency is unable to deal with case specific enquiries by e-mail. You are advised to write directly to the caseworker/department who returned your documents for further assistance to your enquiry.
I hope that this information will be of assistance to you.
Yours faithfully,
Amrit Haria
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.


________________________________________
From: XXXXXXXXXXX [mailto:XXXXXXXXXXXXX]
Sent: 13 September 2010 11:08
To: IND Public Enquiries
Subject: Re: ' FAQ '
Hi Ali,

Thank you very much for your reply.

I have got my first Tier 1 (General) extension on 9 September, 2010. I applied approximately 17 months before my initial visa expiry but unfortunately time remaining on initial visa is not added at the end of new leave to remain therefore I will have to apply for another extension to complete 5yrs legally in UK to get ILR. Following are my details:

Tier 1 ( General ) Entry Clearance Initial Visa Start Date: 9 Feb, 2009
Tier 1 ( General ) Entry Clearance Initial Visa Expiry: 9 Feb, 2012
Applied for Tier 1 ( General ) Extension Leave to Remain: 19 Aug, 2010
Tier 1 ( General ) Extension Leave to Remain Start Date: 9 Sept, 2010
Tier 1 ( General ) Extension Leave to Remain Expiry Date: 9 Sept, 2012
UK Border Agency Case Reference: XXXXXXXXXXX

Please advise what is the procedure to fix this visa expiry error. Thank you.

Regards,

XXXXXXX

On Mon, Sep 13, 2010 at 9:45 AM, IND Public Enquiries <UKBApublicenquiries@ukba.gsi.gov.uk> wrote:
Dear Sir/Madam,
Thank you for your enquiry.
Please be advised that we recommend extension applicants should wait until 28 days before their current leave expires, although it is not an absolute requirement.
Please be advised that the start date of your visa will be the decision date of the caseworker, however time remaining on your current visa will be added at the end of your new visa if granted by the UK Border Agency.
Yours faithfully,
Ali Mohammad
Immigration Group
UK Border Agency
If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.

________________________________________
From: XXXXXXXX [mailto:XXXXXX]
Sent: 11 September 2010 19:49
To: IND Public Enquiries
Subject: ' FAQ '
Hi,

I have query regarding Tier 1 ( General ) extension as highly skilled worker. Please confirm, if I apply for Tier 1 extension 17 months in advance of my current visa expiry then extended visa will be stamped till the end of 5 yrs? I need to have 5 years on my extension Visa to qualify for my ILR. Here is the time line of my current visa:

Please note that I got Tier 1 General entry clearance or initial visa on 9th Feb, 2009 which is valid until 9th Feb, 2012. Thanks

Regards,
**********************************************************************


Now I will contact my case worker to fix this error. Lets see what he replies.

[email257525]

@Abdik1980

Would you please keep us updated as what is happening with your visa expiry date.

I beleive there are lots of people are confused about the extentions including me.


Regards

[razian97]

On basis of this email, you may ask UKBA to reconsider their decision. Or as suggested, you may pursue the matter legally if you wish.

This said, bear in mind that UKBA staff handling telephone / email queries are notorious for giving incorrect or out of date information. Don't be surprised if UKBA reverts back to you apologising for the incorrect email response by their helpdesk staff and do nothing (because immigration rules do not mention anything of the sort).


regards

I have sent email to UK border Agency regarding visa expiry issue and here is their reply:


On Tue, Sep 14, 2010 at 11:00 AM, IND Public Enquiries <UKBApublicenquiries@ukba.gsi.gov.uk> wrote:

Dear Sir,
Thank you for your enquiry.
I regret that the UK Border Agency is unable to deal with case specific enquiries by e-mail. You are advised to write directly to the caseworker/department who returned your documents for further assistance to your enquiry.
I hope that this information will be of assistance to you.
Yours faithfully,
Amrit Haria
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.


________________________________________
From: XXXXXXXXXXX [mailto:XXXXXXXXXXXXX]
Sent: 13 September 2010 11:08
To: IND Public Enquiries
Subject: Re: ' FAQ '
Hi Ali,

Thank you very much for your reply.

I have got my first Tier 1 (General) extension on 9 September, 2010. I applied approximately 17 months before my initial visa expiry but unfortunately time remaining on initial visa is not added at the end of new leave to remain therefore I will have to apply for another extension to complete 5yrs legally in UK to get ILR. Following are my details:

Tier 1 ( General ) Entry Clearance Initial Visa Start Date: 9 Feb, 2009
Tier 1 ( General ) Entry Clearance Initial Visa Expiry: 9 Feb, 2012
Applied for Tier 1 ( General ) Extension Leave to Remain: 19 Aug, 2010
Tier 1 ( General ) Extension Leave to Remain Start Date: 9 Sept, 2010
Tier 1 ( General ) Extension Leave to Remain Expiry Date: 9 Sept, 2012
UK Border Agency Case Reference: XXXXXXXXXXX

Please advise what is the procedure to fix this visa expiry error. Thank you.

Regards,

XXXXXXX

On Mon, Sep 13, 2010 at 9:45 AM, IND Public Enquiries <UKBApublicenquiries@ukba.gsi.gov.uk> wrote:
Dear Sir/Madam,
Thank you for your enquiry.
Please be advised that we recommend extension applicants should wait until 28 days before their current leave expires, although it is not an absolute requirement.
Please be advised that the start date of your visa will be the decision date of the caseworker, however time remaining on your current visa will be added at the end of your new visa if granted by the UK Border Agency.
Yours faithfully,
Ali Mohammad
Immigration Group
UK Border Agency
If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.

________________________________________
From: XXXXXXXX [mailto:XXXXXX]
Sent: 11 September 2010 19:49
To: IND Public Enquiries
Subject: ' FAQ '
Hi,

I have query regarding Tier 1 ( General ) extension as highly skilled worker. Please confirm, if I apply for Tier 1 extension 17 months in advance of my current visa expiry then extended visa will be stamped till the end of 5 yrs? I need to have 5 years on my extension Visa to qualify for my ILR. Here is the time line of my current visa:

Please note that I got Tier 1 General entry clearance or initial visa on 9th Feb, 2009 which is valid until 9th Feb, 2012. Thanks

Regards,
**********************************************************************


Now I will contact my case worker to fix this error. Lets see what he replies.

yes brother you are 100% right
same like in Pakistan different criteria for different applications.like dependent visa application they don't have any criteria no proper procedure for one application,refusal reasons very bogus and strange....same here in UK for extensions and initial applications.my initial application was refused after seven months for tier1. I applied in June 2008 ,refused in December 2008,appealed in January 2009,appeal won in end of January ,visa stamped in Feb 2009 to 25th Feb 2012.
the refusal reason were very strange
and on the other hand me and one of my friend applied together in June 2008 for tier 1 ,his visa approved in 7 days mine refused after 6 months ............LOL