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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.abdik1980 wrote: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...
I mentioned following reasons in my cover letter:tipu20 wrote: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
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 wrote: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.abdik1980 wrote: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...
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?
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 wrote: 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.
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?push wrote: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.abdik1980 wrote: 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.
Really?sushdmehta wrote: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
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:sushdmehta wrote: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
Rules are rules and should be same for everyone.sushdmehta wrote: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
There should not be any loop hole in the rules. They should CLEARLY mention dont apply a month before your expiry.sushdmehta wrote:They are.abdik1980 wrote: Rules are rules and should be same for everyone.
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
Someone got following email from UK border Agency regarding issuance of visa till the end of 5 yrs.sushdmehta wrote: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
I have sent email to UK border Agency regarding visa expiry issue and here is their reply:sushdmehta wrote: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
yes brother you are 100% rightabdik1980 wrote:I have sent email to UK border Agency regarding visa expiry issue and here is their reply:sushdmehta wrote: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
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.