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Tried to get Tier One validity dates changed

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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bombie
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Joined: Tue Jan 04, 2011 12:38 am
Location: Sydney, Australia

Tried to get Tier One validity dates changed

Post by bombie » Fri Feb 04, 2011 4:03 am

Hi All

I got my Tier One visa approved. I had paid online 22-Dec but didn't send my docs through till 7-Jan. My visa validity dates were 22/3/11 - 22/3/13.

I sent a mail to BHC Canberra asking them to have the start date changed to 25/4/11, as this would be 3 months from the issue date (which I took to being 25/1/11 as this is when I got the approval email).

This is the response I got:

Dear Bombie

Thank you for your enquiry.

The Entry Clearance Officer could only validate your visa 3 months from the closure date of the Tier 1 route which was the 22 Dec 2010.

Regards


Now where exactly in the rules does it say this? I had mentioned ECB9.5 [http://www.ukvisas.gov.uk/en/ecg/ecbasi ... #103848682] in my mail, so can they ignore the issue date and use the Tier One closure date instead?

vignette
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Posts: 33
Joined: Sun Oct 18, 2009 12:23 pm

Post by vignette » Fri Feb 04, 2011 6:36 am

ECB9.5 says "Where an applicant may not intend or be able to travel to the UK immediately following their application: the ECO has discretion to defer the 'effective' date until the date of travel, or up to 3 months from the date of issue, whichever is shorter." I think the crucial words are 'the ECO has discretion' which means they are under no obligation to defer it or to defer for the maximum 3 months.

ankitgoel26
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Posts: 22
Joined: Fri Dec 03, 2010 10:35 am
Location: London

Post by ankitgoel26 » Fri Feb 04, 2011 9:18 am

Hi all,

I applied for T1 visa on 20-Dec-2010 and requested for visa start date as 10-Mar-2010 and got it.

However, I realise that I wont be able to travel before first week of April. As per 3 months rule, the last effective date of my visa could be 20-Mar-2010.

Can I request the embassy to change the visa effective date? I want to be careful about my days spent outside UK to avoid any extension at the end of 5 years for ILR.

Requesting your advice please.

Best Regards,
Ankit

pkumar
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Posts: 430
Joined: Sun May 31, 2009 10:56 pm

Post by pkumar » Fri Feb 04, 2011 9:43 am

no you cannot. you got as per 3 month rule .... i won't risk sending it again .. sometimes it takes forever to get passport back

ankitgoel26
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Posts: 22
Joined: Fri Dec 03, 2010 10:35 am
Location: London

Post by ankitgoel26 » Fri Feb 04, 2011 9:48 am

Thanks Kumar.

I got the same response from VFS. In fact they didnt know anything about 3 months rule. But I am not sure.

Best Regards,
Ankit

viki83
Member
Posts: 231
Joined: Sat Jul 07, 2007 4:35 pm

Re: Tried to get Tier One validity dates changed

Post by viki83 » Fri Feb 04, 2011 9:51 am

bombie wrote:Hi All

I got my Tier One visa approved. I had paid online 22-Dec but didn't send my docs through till 7-Jan. My visa validity dates were 22/3/11 - 22/3/13.

I sent a mail to BHC Canberra asking them to have the start date changed to 25/4/11, as this would be 3 months from the issue date (which I took to being 25/1/11 as this is when I got the approval email).

This is the response I got:

Dear Bombie

Thank you for your enquiry.

The Entry Clearance Officer could only validate your visa 3 months from the closure date of the Tier 1 route which was the 22 Dec 2010.

Regards


Now where exactly in the rules does it say this? I had mentioned ECB9.5 [http://www.ukvisas.gov.uk/en/ecg/ecbasi ... #103848682] in my mail, so can they ignore the issue date and use the Tier One closure date instead?
Just for curiosity, why are you migrating from Australia to UK? I mean in the UK Australia seems like a heaven and people are thinking to migrate to Australia since its economy is better and more pay / job opportunities. Is the job situation not good or you're migrating for some other reasons?

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Sat Feb 05, 2011 4:14 am

If my travel plans are delayed, can the expiry date of my visa be changed?

Again, the answer to this question is firstly only in exceptional circumstances (which I don't believe this is) and up to the discretion of the officer.

So you will have some issue in having the date moved out again, because it seems that you already had your date pushed out (other applicants, when using an invalid date had their visa valid from the day the decision was made, so you are "lucky" that they even considered post-dating it).
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

bombie
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Posts: 21
Joined: Tue Jan 04, 2011 12:38 am
Location: Sydney, Australia

Re: Tried to get Tier One validity dates changed

Post by bombie » Mon Feb 07, 2011 11:18 pm

viki83 wrote:Just for curiosity, why are you migrating from Australia to UK? I mean in the UK Australia seems like a heaven and people are thinking to migrate to Australia since its economy is better and more pay / job opportunities. Is the job situation not good or you're migrating for some other reasons?
Australia is the best country in th world! :D Nothing wrong with the economy, lifestyle, weather or people down here.... In fact I am paid very well and live a rather fancy lifestyle, but, Australia is my home and well, home is home. It will always be there. I consider myself lucky that I have the freedom and choice to travel between UK and Australia (both countries have strong ties to each other) - and not have to worry about culture shock too much. Besides, I don't know if I'll live in UK forever, but this visa lets me take a shot at it...and decide later. I want to see more of the world and having the UK as a base will make that easier. And even if things don't work out in the UK, its not the end of the world if I have to return to Australia.

NumbersGame
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Joined: Sat Nov 06, 2010 9:09 pm

Re: Tried to get Tier One validity dates changed

Post by NumbersGame » Tue Feb 08, 2011 3:28 pm

bombie wrote:
viki83 wrote:Just for curiosity, why are you migrating from Australia to UK? I mean in the UK Australia seems like a heaven and people are thinking to migrate to Australia since its economy is better and more pay / job opportunities. Is the job situation not good or you're migrating for some other reasons?
Australia is the best country in th world! :D Nothing wrong with the economy, lifestyle, weather or people down here.... In fact I am paid very well and live a rather fancy lifestyle, but, Australia is my home and well, home is home. It will always be there. I consider myself lucky that I have the freedom and choice to travel between UK and Australia (both countries have strong ties to each other) - and not have to worry about culture shock too much. Besides, I don't know if I'll live in UK forever, but this visa lets me take a shot at it...and decide later. I want to see more of the world and having the UK as a base will make that easier. And even if things don't work out in the UK, its not the end of the world if I have to return to Australia.
Same here.
I agree that UK is much better base for seeing the world.

And you never know. The pound might eventually recover...
Or maybe not! :)

goldfish
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Posts: 486
Joined: Tue Nov 14, 2006 10:12 am

Post by goldfish » Tue Feb 08, 2011 3:35 pm

Another vote for Bombie and NumbersGame. Australia is a good place - but there's a whole world out there and it is good to live in and explore other places while the opportunity is available.

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