Tier 1 General extension

[Ess2013]

Hi, I'm new to this board and have a query regarding the Tier 1 General visa. I tried calling the UKBA to ask this question but they seem a bit...shall we say...clueless!

My initial application was made (from outside the UK) on 24 March 2010. I got a 3 year Tier 1 General visa. My visa is valid from 13 April 2010 to 13 April 2013.

As the Rules changed after 6 April 2010 (and my visa stamp says 13 April, even though my application date is 24 March), I just want to confirm which rules apply to my renewal application: the Rules in place BEFORE 6 April 2010 or AFTER 6 April 2010?

The fact that I got a 3 year visa (and I understand the visas issued after 6 April are 2 years), I assume the rules in place before 6 April apply to me. Can someone please confirm?

Many thanks

[Manka10]

date of application decides which rules will apply so yours will be before 6th april 2010

[Ess2013]

Thanks manka. And I assume the UKBA has a record of when the initial application was made?

[cs95tdg]

Yes, they should. Though I am aware of some cases where they have made mistakes. So it's always better, if you have/keep a record of the date you make an application, in the event you need to prove it at a later date.

[Ess2013]

[quote="cs95tdg"]Yes, they should. Though I am aware of some cases where they have made mistakes. So it's always better, if you have/keep a record of the date you make an application, in the event you need to prove it at a later date.[/quote]

Unfortunately I don't. I didn't get a letter from them but the fact that I got a three year visa instead of two should say something, right? I mean Tier 1 General visas used to be given for 3 years before 6 April and changed to 2 years after 6 April...

[cs95tdg]

I wouldn't worry, in the majority of cases they will have the correct date of receipt on file. It's just that in cases where your application date is, very near to the date there is a change in rules (E.g. Application date of 24 March 2010 & Approval date of 13 April 2010 are very close to the date the rules changed - 6th April 2010) then there could be the potential for CW confusion if they don't have a record of 24/03/2010 as your application date, and thereby may mistakenly apply the incorrect rules.

If you want to check what they have on file, you could make a SAR, but not required IMHO.

Note, they appear to have made a mistake in the number of years granted in the following case... so is always better to be prepared than having to go for correction & reconsideration later on: http://www.immigrationboards.com/viewtopic.php?t=125577

[Ess2013]

I think you're right, there is always that possibility. But I think I'll let it be for now. By the way, what's an SAR (out of curiosity)?

[cs95tdg]

It's a Subject Access Request, which will give you all data the UKBA/HomeOffice hold about you & your immigration history.

See: http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[Ess2013]

Thank you!