Tier 1 General - Early extension - need clarification

[happycamper19]

Dear All,

My UK Tier General Visa expires in Jan 2013. I recently lost my job and would like to apply for extension in Jan 2012, (11 months earlier).

Can someone knowledgeable please clarify whether:
1. UKBA will consider such early application
2. UKBA will not try to reject my application because I have applied so early (assuming all my docs are fine and I have enough points)?

The reason I am asking here is that different immigration lawyers telling me different answers - some say yes I can apply early while others say UKBA will reject my application. There is no consensus among them.

Applying in Jan 2012 will allow me to use the earnings from my previous employment and give me more time to focus on job search in 2013. Having to do another extension before ILR down the road is a non-issue for me.

Any informed advice will be greatly appreciated.

[Lucapooka]

Yes, you can apply at any time.

[sreblog]

You can apply for Jan 2012, but if you manage to get back into job by then may be you can delay your application based on the new earning figures you get ,so that you still have enough earning capacity at the time of application in later dates.

[IG Associates]

Yes, you can apply whenever you like. I have personally done many early extension applications and UKBA have never ever refused to treat early application. The only question which nobody is sure about is whether you will get post dated extension or not.

[Lucapooka]

The only question which nobody is sure about is whether you will get post dated extension or not.

If you are referring to the possibility of the unexpired leave being aggregated into the new grant to complete a five year period of residence, then the answer is no. Leave to remain is granted for exact periods of three or two years and applying earlier than one month before existing leave expires will create a gap that will need to be bridged with an other application.

[ankitv]

Well, even though the policy says that HO will only extend the leave when a decision is made, my wife recently applied for her Tier 1 extension and she got her visa stamped from Dec 2011 (her visa expiry date). We applied for an extension on 4th oct, 2011.

But in principle, consider that HO will provide extension when they make a decision and not by original date of expiry

[madhumesh]

Sometimes back, I called HO call centre, the person suggested that case worker has discretion in giving the second extension, and he can give it for any duration( not necessarily 2 or 3 years). The immigration rules are contrary to this statement and clearly states that visa should be granted for 2 or 3 years based on the rules under which last leave was granted if applicants meets all the requirements.

I don't get from where CW got this special discretion for second extension? Can they refuse provided all the documents are in order just because someone is applying early? If true, could anyone point to relevant rules as I can't find one.

[hsmp1412]

I recently had a PEO appointment and the case worker decided to extend my visa so that the duration was just enough to cover off the 5 year period until i became eligible for ILR. After arguing with her for half and hour and being threatened with a visa refusal she finally called in her manager/supervisor who then confirmed that the rule was 2 years extension (in my case) and I have finally received my BRP today with visa extended for 2 years.

Its a pain how each case worker seems to think they can make up their own rules. My suggestion to anyone going in for a second extension is to take a copy of the paragraph in immigration rules that says how long the extension should be for.

[madhumesh]

Thanks for sharing,

Can you please also tell us which PEO you went, just to see if it's PEO or caseworker specific issue? recently a person on this forum has been given one year visa at Croydon and too threatened with refusal for not accepting it.

I was wondering can caseworker refuse in situation like this assuming candidate meets all the requirement and what reason would be given in refusal letter does they have any legal standing on this?

Regards

I recently had a PEO appointment and the case worker decided to extend my visa so that the duration was just enough to cover off the 5 year period until i became eligible for ILR. After arguing with her for half and hour and being threatened with a visa refusal she finally called in her manager/supervisor who then confirmed that the rule was 2 years extension (in my case) and I have finally received my BRP today with visa extended for 2 years.

Its a pain how each case worker seems to think they can make up their own rules. My suggestion to anyone going in for a second extension is to take a copy of the paragraph in immigration rules that says how long the extension should be for.

[geriatrix]

PEO Croydon

[hsmp1412]

Thanks Sushdmehta. Yes it was Croydon.

I don't think they can really refuse a visa on these grounds. They would def lose if the decision was challenged as it is not in their written rules.

However, to save oneself from all the grief, the easiest thing to do in my opinion is to take a print out of the relevant rules from the website and show it to the case worker if he/she refuses to grant a visa for the whole duration.

[neeraj-hsmp]

Dear Friends,

I am in UK for more than 4 yrs - on WK, Tier 2 and shifted to Tier 1 in from Last year. My Tier 1 is coming for extension in June 2013 but i m thinking of applying in Dec 2012. Can anyone tell me if i will get the visa for next 3 yrs or for the duration it makes me eligible for ILR ( which is less than 10- months).

Appreciate the response.
Rgds
Neeraj

[Lucapooka]

If your previous grant of leave was as a Tier 1 (General) Migrant under the rules in place before the 06 April 2010, you will be granted a period of leave for two years. Otherwise, you will get three years.