Tier 1 Extension Visa Start Date

[balak2]

My initial Tier 1 (General) visa was granted on 15-Apr-2010 to 15-Apr-2013. My first entry was on 28-Apr-2010. I applied for an extension via PEO on 21-Mar-2013 and was granted leave from 21-Mar-2013 to 21-Mar-2015.

Question 1: Should I have been granted visa for my extension from 15-Apr-2013 to 15-Apr-2015? If so, what is the process to get this corrected?

Question 2: If I leave it as it is, ie. visa from 21-Mar-2013 to 21-Mar-2015, will I have to go for a second extension to apply for ILR?

[Highly_Skilled]

My initial Tier 1 (General) visa was granted on 15-Apr-2010 to 15-Apr-2013. My first entry was on 28-Apr-2010. I applied for an extension via PEO on 21-Mar-2013 and was granted leave from 21-Mar-2013 to 21-Mar-2015.

Question 1: Should I have been granted visa for my extension from 15-Apr-2013 to 15-Apr-2015? If so, what is the process to get this corrected?

Question 2: If I leave it as it is, ie. visa from 21-Mar-2013 to 21-Mar-2015, will I have to go for a second extension to apply for ILR?

1. All applications under Tier 1 are now being granted from date of decision. This is included in the Immigration Rules from 06/04/13 and was common practice beforehand.

2. Yes

[balak2]

Thanks for your reply.

Could you please point me to the document which describes this Immigration rule?

The reason I raised this question is because a lot of my colleagues/friends who applied within one month before the expiry of their visa had their visas extended from the original expiry date and not from the date of application. I am confused and would appreciate if some of the 'Gurus' could throw some light on this.

[Highly_Skilled]

Thanks for your reply.

Could you please point me to the document which describes this Immigration rule?

The reason I raised this question is because a lot of my colleagues/friends who applied within one month before the expiry of their visa had their visas extended from the original expiry date and not from the date of application. I am confused and would appreciate if some of the 'Gurus' could throw some light on this.

Please see paragraph 46 of the Policy Guidance.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

As per the Alvi Judgement all guidance is now part of the Immigration Rules.

[life2enjoy]

@balak2, You dont need to go for 2nd extension as you entered into UK within 90 days of your visa start date. Those period can be taken into your ILR qualifying period.

[shahmir]

His entry is fine, he is concerned about extension dates.

@balak you should apply for ILR on Monday 13 April 2015 by post or on 14 April (next day) at a PEO and you will be fine. If you apply within 28 days after visa expiry, you are fine.

[rrraja]

Dont apply after expiry date. Better apply in post or PEO from 19 - 21 march
You should legally in UK for 4 yrs 11 months 2 days..

check in ukba site...
"Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires."

[shahmir]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Breaks in the period of lawful residence may only be disregarded in the following
circumstances:
 applications made on or after 9 July 2012, where the application for ILR is made no
more than 28 days after the expiry of the applicant’s previous leave
 any periods disregarded in granting leave to remain on or after 1 October where they
occur during the qualifying period for ILR.


The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in accordance
with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for leave to remain.

[balak2]

Thanks everyone for the replies. I am still undecided whether I have to go a second extension as it is such a close call with the application dates

[ram80]

You can write to them explaining that you were expecting them to extend it from the date of expiry of your previous EC, and now will have a shortfall at the end of 5 years, and ask them to help you prevent it by modifying the dates to 16th April 2013 & 16th April 2015.

You can also tell them that by doing so they will be saving you £xyz.