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

[razian97]

may ALLAH help you in your problem.its better if you contact your case worker through any expert immigration consultant or solicitor

[abdik1980]

may ALLAH help you in your problem.its better if you contact your case worker through any expert immigration consultant or solicitor

Thank you very much. I have already sent letter to my case worker n now waiting for his reply.

[T1_Mainframe]

I am also on same boat as abdik1980. I have posted my timelines here.

I would like to discuss if I should challenge caseworker's decision in court or accept what I have got and look for another extension to qualify for ILR.

Thanks for reading and participating in this thread. I am hope my learnings will help new applicants who are speculating early extension.

[abdik1980]

I have got ridiculous reply from case worker:

With reference to your letter dated 16 Sept regarding the expiry date of your recently issued visa.
On 19 Aug you applied under Tier 1 General of the point based system. On 09 Sept you were granted a period of 2 years leave to remain in the UK.
Your letter states that you should have been issue a visa until 09 feb 2014 as this would be an additional 2 year period to follow the initial 3 year period granted by entry clearance overseas. You further state that you made enquiries with the immigration enquiry bureau who 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.â€

[abdik1980]

Please note that some of the case workers still issuing visa till the end of 5 yrs in case of early 1st extension. Unfair!

[push]

[quote="abdik1980"]I have got ridiculous reply from case worker:

With reference to your letter dated 16 Sept regarding the expiry date of your recently issued visa.
On 19 Aug you applied under Tier 1 General of the point based system. On 09 Sept you were granted a period of 2 years leave to remain in the UK.
Your letter states that you should have been issue a visa until 09 feb 2014 as this would be an additional 2 year period to follow the initial 3 year period granted by entry clearance overseas. You further state that you made enquiries with the immigration enquiry bureau who 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.â€

[T1_Mainframe]

[quote="abdik1980"]I have got ridiculous reply from case worker:

With reference to your letter dated 16 Sept regarding the expiry date of your recently issued visa.
On 19 Aug you applied under Tier 1 General of the point based system. On 09 Sept you were granted a period of 2 years leave to remain in the UK.
Your letter states that you should have been issue a visa until 09 feb 2014 as this would be an additional 2 year period to follow the initial 3 year period granted by entry clearance overseas. You further state that you made enquiries with the immigration enquiry bureau who 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.â€

[push]

[quote="T1_Mainframe"][quote="abdik1980"]I have got ridiculous reply from case worker:

With reference to your letter dated 16 Sept regarding the expiry date of your recently issued visa.
On 19 Aug you applied under Tier 1 General of the point based system. On 09 Sept you were granted a period of 2 years leave to remain in the UK.
Your letter states that you should have been issue a visa until 09 feb 2014 as this would be an additional 2 year period to follow the initial 3 year period granted by entry clearance overseas. You further state that you made enquiries with the immigration enquiry bureau who 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.â€

[ukswus]

So, suppose I apply 1 month before my current visa is about to expire, and the decision is made after 5 days (leaving 25 days until the deadline). The caseworker says that they are under no obligation to grant visa extensions on any day other than when they make a decision. Does this mean that I will have to go through a second extension, since my 2 visas will fall short of the 5 year requirement???

[T1_Mainframe]

UKBA does everything to reject as many application possible, gives random extension as they do not have set rules on granting extension. With all this, they manage to collect more and more money for themselves and government.
They do not take more than a day to deduct fee, however, they have not refunded fees for invalid application since 24th September. I hope they delay longer then I will get one more reason to drag them into court.

[manojk005]

I hope that people will not start arguing for permanent residency in advance once they get 5 years visa.

[geriatrix]

This advice was unfortunately incorrect and I would like to apologies for the misinformation that was given to you. This has been taken up with the enquiry bureau and steps have been taken to stop a similar situation reoccurring. We are under no obligation to give leave to remain from any other date than that of the date of decision. I have considered all the circumstances as outlined in your letter but don’t consider your situation to be compelling enough for the discretionary grant of leave until 2014.
I therefore maintain the decision originally made by the case worker and your leave to remain in the UK in valid until 09 sept 2012.

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).

Unable to understand why people are not willing to accept the fact that there is nothing in the immigration rules to support the claim of such applicants. And that UKBA may have realized (though a bit late in the day, as usual) that Tier 1 / PBS applicants have been exploiting this loophole for quite some time and that they (UKBA) need to put an end to the practice. Just as a notice takes time to implement in your work place, it will be a few days before every caseworker in UKBA starts abiding with the new instruction(s). Till such time, some people may continue to be lucky!

abdik1980 (and others) may wish to pursue the matter legally claiming that he had applied for extension based on the advice given by UKBA (if he indeed sought one personally before he applied), but whether such a claim will succeed in the court of law is anyone's guess.



regards

[geriatrix]

Also take into account that such people may be worse off when the time comes for further extension - the application will be subject to rules in force at the time, and those rules may be more stringent, given the aim of the govt. to control migrant numbers!

Proactive strategy may well prove disastrous, who knows!


regards

[T1_Mainframe]

You better close this thread rather talking a class on a topic which is irrelevant in this context.

If you look my initial post, I had asked for your opinion on either to pursue my case legally or accept what I have got.

When I had applied early, I was ready for extension from issue date. However, I still wanted to consult more folks before I start looking forward.

[geriatrix]

You better close this thread rather talking a class on a topic which is irrelevant in this context.

If you look my initial post, I had asked for your opinion on either to pursue my case legally or accept what I have got.

When I had applied early, I was ready for extension from issue date. However, I still wanted to consult more folks before I start looking forward.

Did I respond to your post? Not sure what gave you that idea!

My response(s) above are generic, directly related to the subject of discussion .. and relevant for anyone and everyone ... who may be wishing to go this route or find themselves in a similar situation.



regards

[T1_Mainframe]

anyone and everyone can refer to timelines I have posted, where I have suggested not to apply early. They can take the lesson from someone who has gone through this rather a guy who is tagged as Moderator.

[geriatrix]

T1_Mainframe, understand your frustration against UKBA, given the result of your application and UKBA not refunding application fees for an invalid application, but there's nothing you'll achieve or change by taking out the frustration on fellow members ... be it a moderator or some one else.


regards

[geriatrix]

they have not refunded fees for invalid application since 24th September.

Are they supposed to and/or have committed so? See Section 4 - Charging - refunds/ ex-gratia payments and fee exemptions in immigration applications and claims.


regards

[push]

Re Early Extension see this as well

[hoping_for_HSMP]

@all...

I am entering this discussion not because I am an expert but because I am following the rules closely as I will be applying for an early extension next year...

I have been following abid's case here and on trackitt...

My understanding is that it says nowhere that when a visa will be extended it will be extended from the date of expiry of previous visa... and nowhere does it say that the visa will be extended from the date of application... and there is no option to enter a date from which the visa extension is required simply because this is an extension application...

UKBA's practise was in the past to extend visas from the expiry of the cuurrent visa... this was until either the change in government (tories) or when someone had a look at it and said "hang on a minute" and itentified a loophole which was indeed a loophole... as many have given examples what if someone entered the UK and applied for an extension immediatly... should they be given a visa effectively for the next 5 years??? and they apply again as soon as they get their passport back... that gives them a visa for 7 years... no where does it say that... but common sense means you don't... it's an extension visa... you get it from when you apply...

I feel sorry for abid because in effect he only has an extension for a few months on his initial visa... i really do feel sorry...

I also believe that UKBA is very fair... they do not want to reject application for the sake of it... especially extensions because the application will appeal straight away...

sorry to be saying this but we need to move on...

back to my scenario I intend to apply for an early extension because I will have a new addition to the family... so I might as well apply for all of us together to save some cash... and I won't be given a visa from the expiry date of my initial extension...

ok... you may now aim your guns at me...

A