BRP received - new expiry date is from the date of the appt

[senthil123]

Hello all,

I went for PEO on the 28th of Jan for my Tier 1 extension. My initial visa was due to expire on the 21st of Feb 2013. So I went within the 28 days. Mine is 3+2 visa.

I received my BRP today. My extension has been granted from the date of the appointment(28th Jan) which expires on the 28 Jan 2015, rather than from 21st of Feb and expiring on the 21st Feb 2015. I will be short of couple of days for my ILR in 2015.

What are my options in getting this sorted.

Please advice.

Thanks

[Manka10]

rule is extension should be granted form the date decision was taken, you cant do anything to get that "sorted", its all good as long as its within 28 days of your last LTR expiry

[cs95tdg]

I went for PEO on the 28th of Jan for my Tier 1 extension. My initial visa was due to expire on the 21st of Feb 2013. So I went within the 28 days. Mine is 3+2 visa.

I received my BRP today. My extension has been granted from the date of the appointment(28th Jan) which expires on the 28 Jan 2015, rather than from 21st of Feb and expiring on the 21st Feb 2015. I will be short of couple of days for my ILR in 2015.

What are my options in getting this sorted.

This is interesting. I've known in the past that the UKBA granted T1G extensions from the date of current LTR expiry, so long as the application to extend was not submitted more than 28 days before the LTR expiry date. It may be now they have a different stance.

Given what has happened, can you confirm what your EC date was and when you first entered the UK, to help determine whether this would negatively affect you meeting the ILR residence requirement in the future.

[senthil123]

This is interesting. I've known in the past that the UKBA granted T1G extensions from the date of current LTR expiry, so long as the application to extend was not submitted more than 28 days before the LTR expiry date. It may be now they have a different stance.

Given what has happened, can you confirm what your EC date was and when you first entered the UK, to help determine whether this would negatively affect you meeting the ILR residence requirement in the future.[/quote]

Thanks for your response.

I came here as a student in 2007 and then was in my FTS before applying for my Tier 1 in 2010. My first application date was from 21 Feb 2010. So I was here in the UK when I got it.

I have sent them an email - not sure what response i will get. I have heard from few people that you are eligible for ILR if you been in Tier 1 for 4yrs and 11 months.

Please advice if there is anything that I can do

[Jambo]

Hello all,

I went for PEO on the 28th of Jan for my Tier 1 extension. My initial visa was due to expire on the 21st of Feb 2013. So I went within the 28 days. Mine is 3+2 visa.

I received my BRP today. My extension has been granted from the date of the appointment(28th Jan) which expires on the 28 Jan 2015, rather than from 21st of Feb and expiring on the 21st Feb 2015. I will be short of couple of days for my ILR in 2015.

What are my options in getting this sorted.

Please advice.

Thanks

Normally if you applied with the 28 days, it should be issued with the date of the appointment and expire at the original expiry date + the extension.

In your case, date of issue should be 28-01-13 and expiry date 21-02-15. Are you saying your expiry date on the BRP is 28-01-15? If yes, this is a mistake and you should contact the HO.

[cs95tdg]

In that case you would be eligible to apply for ILR from upto 28 days before the 5th anniversary from your T1G LTR grant date (I.e. 21 Feb 2010). This would be http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
But as the date falls on a Saturday, if you are making an in-person PEO application, then the earliest date you would be able to apply would be 26 Jan 2015, which only leaves you a very short time until your LTR expires (28 Jan 2015). But still doable. The alternate would be to apply by post. Note however 2015 is quite away in the future and rules and requirements may very well change between now and then, so it would be difficult to predict.

The following thread will explain why you would be able to apply even without LTR to cover the entire 5 year residence period: http://www.immigrationboards.com/viewtopic.php?t=102227

Do let us know what you hear from the UKBA, in response to your enquiry (i.e. whether they agree to correct the LTR expiry date or not), as it may very well help others who find themselves in a similar situation.

[senthil123]

In your case, date of issue should be 28-01-13 and expiry date 21-02-15. Are you saying your expiry date on the BRP is 28-01-15? If yes, this is a mistake and you should contact the HO.[/quote]

Jambo - That's right. My expiry date is until 28-01-2015 and not until 21-02-2015.

I'm trying to find something in writing from UKBA that Normally if you applied with the 28 days, it should be issued with the date of the appointment and expire at the original expiry date + the extension.

If you can find something can you please send it across.

cs95tdg - Thanks for the response. I will let you know once I hear from them. But if you can find something that says that the new expiry date should reflect the old expiry date, please share it across.

Thanks[/b]

[RScorpio]

Hi Sentil123, which Peo did you go to? I have my appt date coming up at Croydon and am slightly worried of the same thing happening with me.

[cs95tdg]

cs95tdg - Thanks for the response. I will let you know once I hear from them. But if you can find something that says that the new expiry date should reflect the old expiry date, please share it across.

Unfortunately I am not aware of any reference which explicitly states this. There is a Sticky thread here dedicated to this issue, I suspect because there has been so much disparity with some applicants being granted LTR from the date of previous LTR expiry and others from the decision date, even when they have applied within the last 28 days of their previous LTR expiry date. You may find it useful to have a read through the various posts. But it is definitely worth raising the issue with the UKBA explaining that you applied within the last 28 days and also highlighting the effect this issue will have in you meeting the 5 year residence requirement for settlement. http://www.immigrationboards.com/viewtopic.php?t=68561

[senthil123]

RScorpio - I went to Sheffield PEO

Following is the response that I got today from UKBA:

Thank you for your enquiry regarding the expiry date of your Biometric Residence Permit (BRP).

We have looked into this matter, and the expiry date showing on your BRP is correct according to our records. If you wish to dispute the expiry date, you should consult the guidance on our website at www.ukba.homeoffice.gov.uk in the first instance. If this does not answer your query, you should write to your case worker setting out why you believe the expiry date on your BRP is incorrect.

Slightly worried - I am planning to write to the Case Worker, but have a funny feeling that this will not be changed.

Any advice friends.

[cs95tdg]

Slightly worried - I am planning to write to the Case Worker, but have a funny feeling that this will not be changed.

Any advice friends.

Only that you explain that you applied within the last 28 days of your previous LTR expiry date and also highlight the effect this issue will have in you meeting the 5 year residence requirement for settlement when you write to the caseworker.

[senthil123]

Only that you explain that you applied within the last 28 days of your previous LTR expiry date and also highlight the effect this issue will have in you meeting the 5 year residence requirement for settlement when you write to the caseworker.

Thanks cs95tdg.
I will write to my caseworker explaining that and hope she understands the issue.

[Raj120980]

I am in the same situation. Went to PEO, Sheffield yesterday and got the extension for Tier 1 General from the date of appointment I.e. 5th Feb rather than from the expiry date of 28th Feb. Now this leads to a 23 day shortage for ILR.

I did request the caseworker to issue it from date of expiry but he said he cannot even though I did make a reference to the policy guidelines.

Is there an email address for PEO Sheffield where I can raise an issue about this?

[cs95tdg]

It appears that the disparity in how some caseworkers grant your extension to be effective from your current LTR expiry date and anothers from date of approval continues.

E.g. LTR for the following PEO application made today was granted from current date of expiry rather than approval date: http://www.immigrationboards.com/viewto ... ht=#779101

[Raj120980]

Congrats for getting the visa extension.

Now my worry is that case worker will do nothing about it as he outrightly rejected it when I asked him to reconsider yesterday.

Do you think, this shortage of 23 days will affect my ILR?

[cs95tdg]

That application post was by another forum member here.

Based on the recent experiences posted on this forum, what I see is that a majority of LTR extensions are granted from the approval date, even if you apply during the last 28 days of your current LTR.

If you mention your EC date, date of first entry and current LTR expiry date, I may be able to comment on what effect it would have on your ILR.

[Raj120980]

Got the tier 1 visa initially on 28th Feb'2011 to 28th Feb'2013. Now the extension has been given from the appointment date of 5th Feb'2013 to 5th Feb'2016.

I entered UK on 7th March'2011, just after 6 days of my visa start date.

So it will be 23 days short of 5 years.

[cs95tdg]

You would be eligible to apply from upto 28 days before the 5th anniversary from your EC date. I.e. http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

Bust as that is a Sunday, the actual date would be Feb 1st 2016. Note that this just gives you a window of 5 days to apply before your LTR expires, but it is still doable. A PEO appointment will be tight, in terms of finding a suitable appointment within those 5 days. But you always have the option of a postal application, if that doesn't work out.

As the OP of this topic is doing, you may also want to write and enquire (explaining your circumstances for ILR) whether they would consider adjusting your LTR expiry date.

[Raj120980]

Thanks cs95tdg!

I will try and contact the case worker and would request him to reconsider the expiry date but don't think it will work out as he was quite adamant yesterday. No harm in trying one more time though.

I do realise that the window of 5 days from 1st Feb to 5th Feb 2016 will be quite short but I might take the services of a OISC solicitor to get it done within those 5 days.

[shyamsai]

Hello all,

I went for PEO on the 28th of Jan for my Tier 1 extension. My initial visa was due to expire on the 21st of Feb 2013. So I went within the 28 days. Mine is 3+2 visa.

I received my BRP today. My extension has been granted from the date of the appointment(28th Jan) which expires on the 28 Jan 2015, rather than from 21st of Feb and expiring on the 21st Feb 2015. I will be short of couple of days for my ILR in 2015.

What are my options in getting this sorted.

Please advice.

Thanks

It seems deciding the expiry date process is not consistent!!

My currently Tier1 expires on 2th Feb'13. I went to PEO same day service on 22nd Jan'13. Received BRP card in a week's time, the expiry date on it says 25th Feb'2016.

This means expiry date decision is purely on what case worker decides!

[senthil123]

It seems deciding the expiry date process is not consistent!!

My currently Tier1 expires on 2th Feb'13. I went to PEO same day service on 22nd Jan'13. Received BRP card in a week's time, the expiry date on it says 25th Feb'2016.

This means expiry date decision is purely on what case worker decides!

Which PEO did you attend? Was it Sheffield?
Because Raj120980 and myself attended Sheffield PEO.

If any forum member know anyone who went to Sheffield PEO and got their expiry date based on their previous expiry date, please let us know in this forum and it will be very helpful.

I spoke to a friend of mine who went through a soliciter to Croydon PEO. When asked, this was what that soliciter's response was to my friends email

We have had official confirmation from the home office that as long as the application is made within three months of your current visa expiring the extension will be considered and your extension will be granted from the date your current visa expires not the date the case is assessed or decided.

[RajLal]

My date of appointment makes my 5 years incomplete by 4 days.

The caseworker phoned & informed me that i have to get another extension if i was to apply for ILR as i have to have a 'leave to remain for 5 years' to qualify for ILR even if i apply 28 days before my next expiry.

He suggested all the people to complain to UKBA as under the new ruling (which states to give visa from date of decision) that is all he could do. He also said a lot of people are affected by it & dont complete their 5 years.

Lets join together & complain.

[mulderpf]

The pattern seems to be related to what is being extended rather than the PEO used. It would seem to be that for people who are extending existing LTR in the UK, their new visa validity is based on the decision date, whereas people with LTE the UK, their new visa validity is based on the visa expiry date of the visa being extended.

Another thing is that I was made to sign a letter at the PEO confirming my details are correct - the letter was what was being sent to the company who produces the BRP cards. This contained the EXACT details (including expiry dates) of what will be printed on the cards.

Caseworker confirmed that everyone is made to sign it if the decision is made in their presence (so if their systems go down or the representative tells them to leave and continues to wait for the decision, then you don't get to sign the form). I would suggest people stick around for the decision if you are worried about the expiry date of the visa.

[cs95tdg]

The pattern seems to be related to what is being extended rather than the PEO used. It would seem to be that for people who are extending existing LTR in the UK, their new visa validity is based on the decision date, whereas people with LTE the UK, their new visa validity is based on the visa expiry date of the visa being extended.

Where you say leave to enter, I presume you mean original EC? If so, a majority of the cases I've seen posted on this forum have been for applicants extending their original visa EC (3+2 years or 2+3 years). They still appear to have been granted LTR from the date of the decision, even if they applied in-person without representation within the last 28 days of the original Expiry date.

So it appears that there is no clear method, in how different CW's determine the LTR effective date.

[senthil123]

Another thing is that I was made to sign a letter at the PEO confirming my details are correct - the letter was what was being sent to the company who produces the BRP cards. This contained the EXACT details (including expiry dates) of what will be printed on the cards.

Caseworker confirmed that everyone is made to sign it if the decision is made in their presence (so if their systems go down or the representative tells them to leave and continues to wait for the decision, then you don't get to sign the form). I would suggest people stick around for the decision if you are worried about the expiry date of the visa.

Interesting...
When the CW called us, she said that all the documents are fine and happy to approve. I didn't sign any documents or letters.
She gave us the approval letter which stated that the BRP will be received within 5-7 working days.
Before leaving, I read that letter to check my expiry date. Since I didn't find it in the approval letter, I went and asked the receptionist whether I can speak to the CW to check the expiry date. She declined saying that the CW is busy and that I will have the expiry date in the BRP card.

I am sending the letter to the CW today explaning the situation.
Fingers crossed until I get the reply