BIOMETRICS - How can i delay or postpone it further???

globetrotter_ks · Post by **globetrotter_ks** » Sun Feb 26, 2012 2:52 am

Hi i applied for my tier1 extension postal application on 6th feb 2012 . My current visa expires on 7th feb 2012. now i entered the country after 5 months and 20 days after visas wer issued in India. According to the new rule for ILR from April 2011 they consider ILR only if entry into the UK was within 3 months from visa issue date. In my case i entered UK late by 2 months and 20 days which means have to go for another tier1 extension which will cost me money. Now incase if my new visa which i have applied is stamped after 2 months and 20 days means i wont have to go for another extension. Have read many forums which says it takes time to get biometrics appointment and then it takes further time to decide upon application. Can i call up UKBA call center for appointment or is it mandatory to go to post office for biometrics appointment within 15 days once i receive my biometrics letter.?? Coz in my case if i get a late date for biometrics and late decision for my visa that would be in my favour as it would delay my application decision and will fill my gap of 2 months and 20 days for ILR. pls lemme know guys how i can delay my application outcome. Is there a deadline for biometrics once u receive the letter or if i call up call centre would they say me to go to the nearest post office and say not to waste their slots for online appoinments? lemme know pls.

pegakrishna · Post by **pegakrishna** » Sun Feb 26, 2012 7:20 am

globetrotter_ks wrote:Hi i applied for my tier1 extension postal application on 6th feb 2012 . My current visa expires on 7th feb 2012. now i entered the country after 5 months and 20 days after visas wer issued in India. According to the new rule for ILR from April 2011 they consider ILR only if entry into the UK was within 3 months from visa issue date. In my case i entered UK late by 2 months and 20 days which means have to go for another tier1 extension which will cost me money. Now incase if my new visa which i have applied is stamped after 2 months and 20 days means i wont have to go for another extension. Have read many forums which says it takes time to get biometrics appointment and then it takes further time to decide upon application. Can i call up UKBA call center for appointment or is it mandatory to go to post office for biometrics appointment within 15 days once i receive my biometrics letter.?? Coz in my case if i get a late date for biometrics and late decision for my visa that would be in my favour as it would delay my application decision and will fill my gap of 2 months and 20 days for ILR. pls lemme know guys how i can delay my application outcome. Is there a deadline for biometrics once u receive the letter or if i call up call centre would they say me to go to the nearest post office and say not to waste their slots for online appoinments? lemme know pls.

Refer this link --> http://www.ukba.homeoffice.gov.uk/sitec ... e-bookings

Hope this helps...

shahjee11 · Post by **shahjee11** » Sun Feb 26, 2012 11:20 am

If you had entered the UK with in 3 months of your initial grant of HSMP, then would have been ok but since you entered more than 5 months later, your time period starts from the date of entry.

Also according to my understanding, If you apply for extension in country, the time that the application is being processed is not counted towards your 5 years period. It starts from the date the Visa is stamped or BRP valid from. So in my opinion, you will not really benefit from the time you delay your biometric submissions etc.

hi0parag · Post by **hi0parag** » Sun Feb 26, 2012 1:20 pm

Can any expert confirm whether the renewal time (the time between expiry of existing visa- say 1st March 2012 and grant of renewed visa due to UKBA delays - say 1st May 2012) is considered as part of the 5yr continuous stay in UK for ILR filing?

currently the time it takes between postal filing and the grant of visa is almost 3 months, while UKBA advises us to apply for renewal not more than 28 days before the expiry. This means if we follow UKBA's advise then everyone will have a 2 months gap between the expiry of their existing visa and the renewal date!

globetrotter_ks · Post by **globetrotter_ks** » Sun Feb 26, 2012 2:38 pm

@ hiparag what you saying is true. on an average minimum processing time is 2 months.

globetrotter_ks · Post by **globetrotter_ks** » Mon Mar 05, 2012 2:39 pm

@ shahjee11 I called up immigration today and they said that the gap during which my visa is processing will be considered for ILR.

QuickSam · Post by **QuickSam** » Mon Mar 05, 2012 2:49 pm

globetrotter_ks,

I think you may get the answer on these links:

http://www.immigrationboards.com/viewto ... ht=#591992

http://www.immigrationboards.com/viewto ... ht=#600490

If you think, the question has not been answered please post your query again. The bottom line is you would have to extend again unless your extension is delayed by 5 months and 20 days.

shahjee11 · Post by **shahjee11** » Tue Mar 06, 2012 5:52 pm

globetrotter_ks wrote:@ shahjee11 I called up immigration today and they said that the gap during which my visa is processing will be considered for ILR.

I wonder what meanings should we derive from the following;

...your new permission to stay will begin on the date when we make the decision, not the date when your current permission expires.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Post by **Greenie** » Tue Mar 06, 2012 7:03 pm

shahjee11 wrote:
globetrotter_ks wrote:@ shahjee11 I called up immigration today and they said that the gap during which my visa is processing will be considered for ILR.
I wonder what meanings should we derive from the following;

...your new permission to stay will begin on the date when we make the decision, not the date when your current permission expires.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Isn't it clear? If make an application to extend your leave, and the application is granted, the start date on your new residence permit will be the date the application was decided, and not the date your current permission ends.

So, in other words, if your leave expires on 31st October 2012, but you apply to extend the leave on 1st February 2012, and the application is granted on 1st April 2012, your new leave will start from 1st April 2012, and thus may result in you having to apply for a further leave in order to complete 5 years and apply for ILR.

shahjee11 · Post by **shahjee11** » Tue Mar 06, 2012 7:22 pm

Greenie wrote: Isn't it clear? If make an application to extend your leave, and the application is granted, the start date on your new residence permit will be the date the application was decided, and not the date your current permission ends.

So, in other words, if your leave expires on 31st October 2012, but you apply to extend the leave on 1st February 2012, and the application is granted on 1st April 2012, your new leave will start from 1st April 2012, and thus may result in you having to apply for a further leave in order to complete 5 years and apply for ILR.

Yes indeed its clear and I dont have any problem with this. I was actually replying to that person who said that he confirmed from HO that time during your application for extension is considered is counted towards ILR. I am not really convinced as the guidance that I quoted does not correspond to what HO has told him.

The question arises if for example, my tier 1 initial leave (3 years) expires on 01-04-2012 and I apply for extension (2 years). If it takes 6 months for the extension to be granted, I get my leave granted from 01-10-2012 then when would I be eligible to apply for ILR? would it be 01-04-2014 or 01-10-2014?

Hope it makes sense

Post by **Greenie** » Tue Mar 06, 2012 7:26 pm

28 days before 1/4/2014. Time spent waiting for a decision counts towards the 5 year period as long as a valid application was made before your leave expires.

shahjee11 · Post by **shahjee11** » Tue Mar 06, 2012 7:30 pm

Greenie wrote:28 days before 1/4/2014. Time spent waiting for a decision counts towards the 5 year period as long as a valid application was made before your leave expires.

Thanks very much, I did not know this before. Could you please guide me to the source of this information. Not doubting your knowledge but just for my own reference.

Post by **Greenie** » Tue Mar 06, 2012 7:32 pm

shahjee11 wrote:
Greenie wrote:28 days before 1/4/2014. Time spent waiting for a decision counts towards the 5 year period as long as a valid application was made before your leave expires.
Thanks very much, I did not know this before. Could you please guide me to the source of this information. Not doubting your knowledge but just for my own reference.

Section 3C of the Immigration Act 1971 provides that leave is treated as continuing in such circumstances.

shahjee11 · Post by **shahjee11** » Tue Mar 06, 2012 7:40 pm

Greenie wrote:Section 3C of the Immigration Act 1971 provides that leave is treated as continuing in such circumstances.

Many thanks again. Just had a quick look of section 3C and it really does suggest what you have said.

Immigrationboards.com: Immigration, work visa and work permit discussion board

BIOMETRICS - How can i delay or postpone it further???

BIOMETRICS - How can i delay or postpone it further???

Re: BIOMETRICS - How can i delay or postpone it further???