Visa start date - 28 days rule

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 4:15 pm

I have recently got my tier 1 extension using personal 1 day appoitment. However, they gave me visa starting date as my day of appointment instead of after visa expiry date. my visa appoitment date was exactly 1month before my visa expiry date.

Now I want to know where exactly its metioned that if u apply for visa before 28days u ll get visa start date from your appoitment date.

All I can find on ukba site is
http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/ which mention that ideally you should apply just before 1month.

All your help will be helpful to take any action. Thanks in advance.

Post by **Lucapooka** » Thu Oct 18, 2012 4:42 pm

When was your original leave granted and when did you enter the UK on that leave? When does your new leave expire?

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 4:45 pm

Here are the details:

Initial Tier 1 visa start date: 15 Nov 2009
Initial Tier 1 visa expirty date: 15 Nov 2012
I first came to UK on : 16 Jan 2009

Tier 1 Extension appoitment date: 15 Oct 2012
Tier 1 Extension visa start date: 15 Oct 2012
Tier 1 Extension visa expirty date: 15 Oct 2014

Post by **Lucapooka** » Thu Oct 18, 2012 4:56 pm

Surely you mean you entered the UK in Jan 2010?

You can apply no earlier than 28 days before 16 Jan 2015. You will have to make another extension.

For the avoidance of doubt, my understanding it that because you were not given a complete period of leave for five years, you can't claim the three month late entry concession. I would welcome informed debate on this matter.

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 5:07 pm

sure, its a typo, I first came to uk on 16 Jan 2010.

I did found all the info related to ILR , so i can figure it out that I have to take one more extension.

But I didnt found any info where they have mentioned about the apply before 28days , ll result in to your visa getting stamped from your appoitment date. As I have written in my first post, I can see they are suggesting everyone to apply just before 1month of expiry, which I did.

Post by **geriatrix** » Thu Oct 18, 2012 7:25 pm

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 8:58 pm

Thanks for the link, i did go thru it, but I didnt found anything related to my question. There is some text related to 28days which is applicable to overstay only.

Still waiting for someone to help me find the relevant reference.

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 9:01 pm

Here is the paragraph. "We encourage applications to be made
at least a month before the applicant’s extant
(still existing) leave expires. Applicants should
note however that if the application is made
significantly earlier than one month before
the expiry of their leave, there is a risk of a
shortfall in the required period of leave should
they subsequently make an application for
settlement. This is because any further leave
to remain (for example Indefinite Leave to
Remain or Settlement) is granted from the date
that we make the decision, not the date the
applicant’s extant leave expires"

Can someone explain me what does this means? I have applied exactly 1month before!

bluebug · Post by **bluebug** » Thu Oct 18, 2012 9:34 pm

Dear Jaya ... you have applied a month before 30days not 28days .... however i think caseworker shouldnt have done this and must gave you new expiry from November.

Although you enter in UK 3 months late but it shouldnt affect your ILR ... the total number of days stay outside the UK in 5years is 180 so you have 90 already .....

I cant comment much on this its just your hardluck and need to apply for one more extension ..... you may write to UKBA and explain them the situation they might reconsider your case ....

shahmir · Post by **shahmir** » Thu Oct 18, 2012 10:05 pm

WHEN TO APPLY
(This is in Tier 1 (G) Section)

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

So, in order to avoid an extra extension, you can apply within last one month of your permitted stay.

And in fact if you're late, you can still apply within 28 days after your visa has expired, but I am not sure about any other consequences related with it.

your initial visa expiry date is 15 Nov so you should have applied for extension between 16 Oct to 15 Nov.

But again, it all depends on the case worker. In your case, he/she should have given you extension from 15 November. Cruel decision. Ideally you should have raise this issue with them in the public enquiry office.

If I put myself in your shoes, I will write them immediately and will give them the above link explaining that I was in impression that I could apply between 15 Oct and 15 Nov in order to get extension from expiry date of previous leave instead from date of appointment. I think they will sort this out for you. They should!

Even if they do not agree, I don't think you will have to apply for an extra extension. Just apply for ILR by post during last week of your current leave and you will be fine.

Also you arrived in the UK within valid 90 days, so that's not an issue later for your ILR.

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 11:20 pm

If you are reading this and If you think I should write to ukba then , please write your vote in reply by saying Yes. This is becuase I am not 100% sure what should I do.

shahmir · Post by **shahmir** » Thu Oct 18, 2012 11:38 pm

I repeat

If I put myself in your shoes, I will write them immediately and will give them the above link explaining that I was in impression that I could apply between 15 Oct and 15 Nov in order to get extension from expiry date of previous leave instead from date of appointment.

By writing UKBA, you will either get something or lose nothing. Decision is yours mate! Goodluck

jayparmar · Post by **jayparmar** » Thu Oct 18, 2012 11:44 pm

thanks shahmir, I have almost decided to write now. But wanted to check with others, if anyone else has faced similar issue recently.

Also, can u or anybody tell me correct email address to contact them?

jayparmar · Post by **jayparmar** » Sun Oct 21, 2012 10:50 am

I am still waiting for feedback, any pointer to to exact rule regarding applying for the extension will be helpful.

thebionicredneck2003 · Post by **thebionicredneck2003** » Sun Oct 21, 2012 4:36 pm

Sushdmehta has already referred you to a place in the guidance that provides some info.

In my honest opinion, the issue you have is a grey area, as there is nothing written in the policy guidance that categorically states that if you apply within 28 days of the expiry date that you must get the visa from the expiration date and not the approval date. From experience, this decision is dependent on the caseworker as people who have applied 6 months prior to expiration date have gotten their visas starting from expiry date and not approval date. I have taken an excerpt from the guidance which states

We encourage applications to be made at least a month before the applicant’s extant (still existing) leave expires. Applicants should note however that if the application is made significantly earlier than one month before the expiry of their leave, there is a risk of a shortfall in the required period of leave should they subsequently make an application for settlement.
This is because any further leave to remain (for example Indefinite Leave to Remain or Settlement) is granted from the date that we make the decision, not the date the applicant’s extant leave expires.

Like someone else has already suggested, you can probably try writing to them as you have nothing to lose and everything to gain if you are successful.

If you are looking for something that states this 28 day rule in black and white, I doubt you will find it.

Good luck.

Kind Regards

Post by **Lucapooka** » Sun Oct 21, 2012 5:24 pm

I agree with the above comment and would add that this situation would not have arisen had the OP made a postal application. The fact that a decision had to made to grant a fixed period of leave (as laid down by the immigration rules) a full month before extant leave was due to expire, is indeed a matter for further debate. I don't think the caseworker at the PEO had the latitude to offer leave that is more than exactly two years.

longshift · Post by **longshift** » Sun Oct 21, 2012 10:03 pm

To OP. If writing to the relevant case working team doesn't help. There is one thing which you can do to avoid second extension.

When applying for ILR, apply by post just few days before the expiry of your current leave. In your case, your current leave is expiring on 15th October, 2014. Apply ILR on 13th or 14th via post. It will atleast take more than a month for them to come to a decision. This way you will have full 5 years leave. Since the time in which the case is consider is a valid leave and covered under sec 3c, the case worker has to count your period from the start of your leave to the day he/she is making the decision. That way its full 5 years period. This is actually suggested by one of the case worker to some guy who wrote to her regarding similar situation. Sorry I don't have that the link of that thread.

With regards to you coming 2 months late. I think you do get grace of 3 months for that during ILR period calculation.

Sorry that this has happened to you. But if I were you, I would do what is suggested above since I got 3 dependants. And the fees are clearly a rip off.

jayparmar · Post by **jayparmar** » Mon Oct 22, 2012 11:25 am

Ok, I have emailed them (UKBApublicenquiries@UKBA.gsi.gov.uk). I dont know how much time they will take to reply to my email. I will update you all if i get any feedback. Thanks a lot.

meetravi · Post by **meetravi** » Mon Oct 22, 2012 2:46 pm

Hi jayparmar ,
Really sorry to know about your visa date . Which PEO you have applied ? I see lot of people applying in croydon and also other PEO are getting from date of expiry. You could also refer the PEO experience sticky in this forum. There was also some one mentioning if you take valid proofs of travel you might get extend it from date of expiry

jayparmar · Post by **jayparmar** » Mon Oct 22, 2012 3:54 pm

I applied in Croydon. I do have valid travel document , but i guess its too late now. Anyway, can you please tell me exact url if you have time. I would like to read his/her case.

meetravi · Post by **meetravi** » Mon Oct 22, 2012 3:57 pm

http://www.immigrationboards.com/viewto ... c&start=60

See the first PEO experience in the page

jayparmar · Post by **jayparmar** » Mon Oct 22, 2012 4:04 pm

meetravi · Post by **meetravi** » Mon Oct 22, 2012 4:10 pm

In PEO, Did you request the case worker to give the extension from expiry Date. Because from the sticky I observer everyone has requested the case worker to give visa from expiry date.

I know its late but your case will be a good example for the people who are going from now on. Good luck with your case.

jayparmar · Post by **jayparmar** » Mon Oct 22, 2012 4:18 pm

Yes and No. She told me there is a recent change in the rule. earlier it use to be 3 month period, but now its 28days. So I told her I was not aware of this rule. But I didnt asked directly to give the visa from expiry. Just to doublecheck with her, I asked whether this is a per the rule. And she told me Yes.

meetravi · Post by **meetravi** » Mon Oct 22, 2012 4:28 pm

Hard Luck Friend. Good luck with your case. I am also thinking of applying little earlier through PEO. I will post you my updates.

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Visa start date - 28 days rule

Visa start date - 28 days rule