T1:: Early Extension and any impact of previous refusal

[coolfella]

Dear friends,

I am planning to apply for an early extension of my Tier 1 Visa which is currently valid until June 2012.

My first application for Tier 1 visa was made during March, 2009 (before the introduction of Masters as a per-requisite). I was on PSW at that time and it was valid until Dec 2009.

My application was however refused due to Home Office's mistake (apparently, the case worker did not know how to add and subtract amounts present in the bank statement!). I can provide you with more info if you are interested but did not want to prolong this post.

As you can imagine, I was not given an appeal right due to PSW visa being valid until Dec 2009 and was asked to submit a new application.

With the assistance of a solicitor, we decided to go down the route of judicial review and as a part of this process he negotiated with the home office through letters and pointed out that it was a mistake at their end. UKBA then asked me to send my passport through. No fresh application was made and UKBA eventually awarded me the Tier 1 Visa off the back of the initial application. Received my passport in June 2009.

Now as a part of my application for Tier 1 extension, I will fill out the application considering the rules applied to me before April 2009.

Some questions if you could kindly assist me with are as follows:

1. Would you recommend me writing a covering letter touching base on previous challenges with UKBA whilst submitting my application for the extension?

2. Fellow forum members conversation indicate that early application should not be a problem. I am applying 4 months before the expiry date. Should this be a problem?

3. Should I attach UKBA's standard visa confirmation letter that was sent to me when I received my passport in 2009? At first instance it was refusal letter but several months later it was success letter along with visa.

Technically, I should just be applying as usual for the extension but given the recent history with my application I wonder if there is a need for me to be cautious and extra vigilant when I believe my earnings along with other supporting materials is sufficient for Tier 1 Visa extension as it was the case with my first application which was eventually successful!

Please advise.


Many thanks,
Imz

[rakeysh.patel]

1. NO - You do not need to. Do not complicate your case by submitting needless documents.

2 - YES/No - It is at your discretion to apply early for whatever reason. There will not be any problem as long as u meet the required criteria. However, there may be a problem on the basis that you might shortfall 5 yr period on your T1 when it comes to ILR

3 - NO - Refer to Response 1

[coolfella]

1. NO - You do not need to. Do not complicate your case by submitting needless documents.

2 - YES/No - It is at your discretion to apply early for whatever reason. There will not be any problem as long as u meet the required criteria. However, there may be a problem on the basis that you might shortfall 5 yr period on your T1 when it comes to ILR

3 - NO - Refer to Response 1

Thank you so much for clarifying. I see your points and I by all means on your side. Why complicate matters further? Understably, they have all the records.

With regard to point no 2, I will hit 10 years landmark in 2012 hence hopefully this will be my last extension.

[rakeysh.patel]

Just bear in mind the criteria for ILR on 10 yr long term basis. And god forbid, but that may change by the time you get there. I am in similar situation as you and wanted to go for early extension and decided to go against it and instead got extension a week tomorrow.

Thanks,