25 days missing. URGENT Advice Required

[extremechatter]

Hi,

Following are my details.

1st Tier1 leave to remain: 28/08/2010 to 27/08/2012 (2 years)
2nd Tier1 leave(extension): 2/08/2012 to 1/08/2015 (3 years) (applied in person at PEO)

Will I have a problem in getting ILR in 2015 as I am 25 days short of 5 years?

Is there anything I can do to sort this out.

I have heard that if I write to Tier 1 guys about this then they can rectify the dates.

Please Advice.

Thanx

[longshift]

Hi,

Following are my details.

1st Tier1 leave to remain: 28/08/2010 to 27/08/2012 (2 years)
2nd Tier1 leave(extension): 2/08/2012 to 1/08/2015 (3 years) (applied in person at PEO)

Will I have a problem in getting ILR in 2015 as I am 25 days short of 5 years?

Is there anything I can do to sort this out.

I have heard that if I write to Tier 1 guys about this then they can rectify the dates.

Please Advice.

Thanx

You can apply 28 days early for ILR but only if you have full qualifying period. Since you are short of 25 days, the only option is to go for another extension.

However, as you said, you can call them and ask them to rectify your extension details since you applied within a month of your expiry and they should grant your new leave from the expiry date. Don't know anyone on this forum has done this before since, no one has came back to share their experience.

Which PEO did you applied to for your extension?

[nks]

My understanding so far was that you can go for ILR 28 days in advance even if the current leave may be expiring somewhere in between those 28 days. Was that a misinterpretation?

[extremechatter]

At Croydon.

[nks]

Is this typical of Croydon? Did you have a chance to point out that my leave should start from when the current is expiring since you applied within month?

[extremechatter]

No NKS. No one asked anything at all. This was pointed out by my friend next day when I spoke to him.

[nks]

Quote from here : http://www.ukba.homeoffice.gov.uk/about ... youarrive/

"Do not apply for settlement more than 28 days before the end of your qualifying period. If your current permission to remain in the UK will expire before you qualify for settlement, you cannot yet apply - instead, you will need to apply for permission to extend your stay"

So seems you will need a second extension. Point is, are we left over the mercy of case worker for this? Is there a possibility to know (and possibly influence) at PEO about visa start date?

[extremechatter]

I Don't understand 1 thing that we need to apply before the leave to remain expires and it is an extension and according to UKBA website we can apply uptil 5 weeks before the expiry.

So where are we wrong.

Shouldn't UKBA automatically give the visa from the date of expiry of 1st one?

[extremechatter]

This is what I found on UKBA website under "when to apply for extension"

"This page explains when you should apply for permission to remain in the UK under Tier 1 (General).

We encourage you to make your application at least 1 month before your current permission to stay expires. However, if you apply significantly more than 1 month before your permission to stay expires, and you want to apply for settlement later, you may not have accumulated enough total permission to stay. This is because your new permission to stay will begin on the date when we make the decision, not the date when your current permission expires."

[nks]

"However, if you apply significantly more than 1 month before your permission to stay expires, and you want to apply for settlement later, you may not have accumulated enough total permission to stay."

That makes me feel they are trying to convey you'll not have an issue in settlement if extension applied within one month of expiry of current leave. Million dollar question is, how?
-By virtue of falling into 28 days grace or
-By getting the extension from the date when current leave expires

First option is ruled out with the link I shared (atleast with PEO appointment), second ruled out by the date they granted your new leave from. Is there a third we are missing?

[longshift]

Guys,

I had this conversation atleast 3 times before with other forum members. We had long discussions about it.

There is one way out of this which was suggested by one of the UKBA staff. Read this thread

If you are falling short of few days for your ILR, which in OPs case is 25 days, this is what you can do if you want to avoid the 2nd extension.

Apply for your ILR by post 1 or 2 days before your leave expires. It will take them atleast 1 month to come to any decision as they will take your payment and send acknowledgement and then Bio-meteric letter. Now that 1 month will add up in your leave under Sec 3c. And since they consider the qualifying period from the start of your first leave to the day they make decision, you will have more than full 5 years period. This way, you will get ILR without going for another extension. Problem solved.

The only downside to this is that you won't have the benefit of same day result.

[nks]

Thanks..and the other downside is if the application turned down (for any reason whatsoever, for argument sake lets take, one of the bank statement is inconsistent with payslip), then there is no scope even for extension..or is there?

[longshift]

Thanks..and the other downside is if the application turned down (for any reason whatsoever, for argument sake lets take, one of the bank statement is inconsistent with payslip), then there is no scope even for extension..or is there?

So long the ILR application is made within time, you get a right to appeal for it.

With regards to Tier 1 Extension. You can make an out of time Tier 1 Extension application but that has to be within 28 days of your visa expiry. In this scenerio, you will get your visa extended but it resets your ILR clock. So your qualifying period for ILR will start from your new leave. But this would not come in the picture as what ever the result of the ILR application, positive or negetive, it will come after 1 month. So you will not have a chance to do an out of time extension application.

[nks]

Thanks. I think we got a lot of matter here.

OP, if I would be you (which perhaps I would be , I'll go for another extension with PEO and then ILR. In either case, even if I do a postal application now and get my visa start date from the present expiry date, I will not be able to apply for ILR with PEO as I entered into the country 5 days after my visa start date. That I am sure will be the case with most.

[extremechatter]

I have emailed Ukba regarding this. Let's hope I get a reply back from them soon. Will update as soon as I get it.

[cs95tdg]

1st Tier1 leave to remain: 28/08/2010 to 27/08/2012 (2 years)
2nd Tier1 leave(extension): 2/08/2012 to 1/08/2015 (3 years) (applied in person at PEO)

I have emailed Ukba regarding this. Let's hope I get a reply back from them soon. Will update as soon as I get it.

I'd say that you have a very good chance of having the error corrected by the UKBA. Especially as you noticed this issue early (i.e. at the time the extension was granted) rather than at the time of applying for ILR, which has been the case in most of the other posts I've seen on this forum.

[longshift]

Thanks. I think we got a lot of matter here.

OP, if I would be you (which perhaps I would be , I'll go for another extension with PEO and then ILR. In either case, even if I do a postal application now and get my visa start date from the present expiry date, I will not be able to apply for ILR with PEO as I entered into the country 5 days after my visa start date. That I am sure will be the case with most.

NKS,

Just for your knowledge, late comers get a grace in ILR for upto 3 months.

Read Q3 and Q5 in the below thread.

http://www.immigrationboards.com/viewtopic.php?t=79378

[nks]

What if my 5th anniversary is on weekend. I can't go for PEO before that day. This again is 2/7 probability for anyone so 2nd extension is inevitable unless you are willing to take chance with postal application.

Lets see what extremechatter comes back with.

[cs95tdg]

What if my 5th anniversary is on weekend. I can't go for PEO before that day. This again is 2/7 probability for anyone so 2nd extension is inevitable unless you are willing to take chance with postal application.

You haven't mentioned your details under this post to provide a response on your specific case, but if I'm not mistaken what longshift has stated in the previous post is that a case worker will consider the period between your EC and date of first entry into the UK towards your 5 year residency, so long as you entered the UK within 3 months of EC.

With regards to the point you have made about your 5th anniversary falling on a weekend. This shouldn't really matter, as you have a 28 day window within which you can apply for ILR. I.e. the UKBA allow you to apply anywhere from 28 days before your 5th anniversary until your current leave to remain expiry date.

[longshift]

What if my 5th anniversary is on weekend. I can't go for PEO before that day. This again is 2/7 probability for anyone so 2nd extension is inevitable unless you are willing to take chance with postal application.

You haven't mentioned your details under this post to provide a response on your specific case, but if I'm not mistaken what longshift has stated in the previous post is that a case worker will consider the period between your EC and date of first entry into the UK towards your 5 year residency, so long as you entered the UK within 3 months of EC.

With regards to the point you have made about your 5th anniversary falling on a weekend. This shouldn't really matter, as you have a 28 day window within which you can apply for ILR. I.e. the UKBA allow you to apply anywhere from 28 days before your 5th anniversary until your current leave to remain expiry date.

Well said mate... saved me the effort.....

[extremechatter]

I have emailed Ukba regarding this. Let's hope I get a reply back from them soon. Will update as soon as I get it.