Post
by ashdaone1 » Thu Dec 01, 2011 11:27 am
Hello All,
I am new to this forum (though I am an active reader). I will quickly introduce myself and also pose a question which has been troubling me for a while, but the answer to which I cannot find on this forum yet.
I am on a Tier 1 (general) visa valid from 09 June 2009 to 08 June 2012. So, my extension is coming up soon. I entered the UK on 11th July 2009.
Now, I am aware that according to the guidelines, the caseworker can consider the initial period between entry clearance and actual entry in UK towards the calculation of 5 years stay for ILR (provided it is not more than 3 months). So, that area is sorted.
However, I have just read that UKBA has mentioned that they advise people to apply for FLR not more than 28 days before expiry of their original visa because they extend visa from the date the caseworker approves it rather than the initial expiry date. This is where my confusion lies. Do they mean:
If you apply within 28 days of your expiry of visa, then they will extend it from the date of your original visa expiry? (A trend that I have seen in other posts) ???
Because if they were to still extend it from the date of caseworker's approval - then if I were to apply 28 days earlier for my extension and get approved the same day .. then at the end of the extension, I would still have lived here only 4yrs and 11 months. And going by the UKBA rule on ILR (not accepting applications for ILR till 28 days before qualifying period), it means I will have to apply for ILR right on the last day of my visa in 2014??
Am I missing a trick here?
Many Thanks,
A