Tier1 Renewal - When to Apply?

[nafe12]

My Tier 1 (G) expires early April.

I will extend, giving me three more years. After that time, this will make 5 years in Tier 1 (G), so I can apply for ILR.

However, if I apply in February - assuming it's processed in Feb or March, the extra three years will be LESS than the total 5 years I need for ILR.

My employers want me to apply for my extension ASAP, so they are 100% sure I can stay. The said they cannot employ me after March, until my extension is renewed.

Reading the forums, I just got confused. Any advice?

Thanks.

[hsmp1412]

If you are applying by post, then looking at the current wiating times, you will definitely not get a decision before you current visa expiry in which case your new visa will cover the 5 year period.

If you are going for PEO, then it is a bit dicey - if you get the appointment within 30 days of your visa expiry then you will have enough cover to take you to ILR. If it is earlier then it depends on the case worker.

There is a clause in the immigration law which states that you can be legally employed even after the expiry of your current visa if you are awaiting a decision on your extension application. You might want to point that out to your employer.

[nafe12]

So from your response, I take it that leave is granted from the date assessed, and NOT extended from your current expiry date?

If you are going for PEO, then it is a bit dicey - if you get the appointment within 30 days of your visa expiry then you will have enough cover to take you to ILR.

Is there an explicit rule about the 30 day window?

Thanks.[/quote]

[cs95tdg]

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

This page explains when you should apply for permission to remain in the UK under Tier 1 (General).

We encourage you to make your application at least 1 month before your current permission to stay expires. However, if you apply significantly more than 1 month before your permission to stay expires, and you want to apply for settlement later, you may not have accumulated enough total permission to stay. This is because your new permission to stay will begin on the date when we make the decision, not the date when your current permission expires.

[nafe12]

Thanks for that.

This is because your new permission to stay will begin on the date when we make the decision, not the date when your current permission expire

This is precisely why I'm confused.

If I follow their advice, and apply 6 weeks before my current leave expires, and I get three years granted that day.

This means three years later, I will be 6 weeks out from meeting the settlement requirements.

Unless the ILR process accounts for that?

[cs95tdg]

They are suggesting that you do not apply any earlier than 1 month before your current LTR expires. Then your new LTR would be granted from the date of current LTR expiry (rather than the application date). This way you would not lose out on the required LTR, to cover the ILR residence period.

[nafe12]

They are suggesting that you do not apply any earlier than 1 month before your current LTR expires.

I understand your point. But the link you sent suggests the opposite:
We encourage you to make your application at least 1 month before your current permission to stay expires.

[cs95tdg]

True, the "at least" wording does appear incorrect. I'm not certain of this, but in the past I recall seeing 28 days mentioned (& not 1 month as stated now). I suppose from the UKBA perspective they advise people not to apply at the last minute.

If you read the many stories on this forum, you will find that there are those who have had their extension LTR granted from the date of expiry if they didn't apply significantly before their current LTR expired. There are others who had their new LTR grant given from the date of application, but then requested reconsideration stating that they didn't apply significantly early (& as a result had the LTR expiry date subsequently corrected).

It's not consistent. But I'd personally not apply any earlier than 28 days before my LTR expired, if it were me & I needed the entire LTR period for my ILR application residence.

But if you apply by post, you can probably get away with an earlier application, because the processing times are much longer.

[nafe12]

I ended up calling and they said apply at MOST 28 days in advance. In line with your advice, but contrary to the guidance on the website.

It's just frustrating dealing with all these inconsistencies

I'd personally not apply any earlier than 28 days

Indeed, better to be safe.

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