Tier 1 Extension Expiry date

[SamratJha]

I got my tier 1 extension today, but not happy with the expiry date of the visa got.

Visa: Tier 1 Extension
Intial Expiry Date: 23/03/2013
Application Date: 05/02/2013
New Expiry Date : 05/02/2015

All PEO's give 2 years from the expiry date of the initial application but unfortunately I was given 2 years from the date of the application. Because of this I will short of 5 years just for few days in 2015.

Can I appeal? or is there any way I can apply ILR without applying for second extension?

Any help would be much appreciated..

Thanks,
Samrat

[Lucapooka]

All PEO's give 2 years from the expiry date of the initial application

No. The grant is from the date of the application approval and the rules only permit grants for fixed periods of 2 years; extant leave can't be added to this to make more than 2 years. Early applications by post tend to cross-over the expiry date (due to wait period) and so a complete five years is granted, but if you choose to apply early at the PEO there is no scope to be granted a period of more than two years. You, yourself, created the gap because your unexpired leave can't be aggregated with the new grant.

[SamratJha]

yes The grant is to be from the date of application..

But this forum only u can see 99% of the people applied before one month but got the expriy date inline with your initial expiry date. So arn't they seeting wrong expectation ? Why is it different from one PEO to other ..?

[Mela]

YOu mean new expiry date is 05/02/2015?

I havent known anyone who applied earlier than 28days at PEO being granted leave from the date of expiry. I havent seen examples of these cases on the forum either. Which 99% o fthe cases you refer to?

[SamratJha]

Apology.. yes.. it should be 05/02/2015..

http://www.immigrationboards.com/viewtopic.php?t=102549

if you see the example.. most of the people applied before 28 days got the expiry date inline with the initial expiry date.

[Mela]

Apology.. yes.. it should be 05/02/2015..

http://www.immigrationboards.com/viewtopic.php?t=102549

if you see the example.. most of the people applied before 28 days got the expiry date inline with the initial expiry date.

Ok, I can see that, those cases are exceptions to the rule, authorised by caseworkers excersising their power of discretion or sometimes caseworkers are just being incompetent.

Normally the extension as in you case is given from the date of appointment. AS it has been done in accordance with the rules you unfortunately can not appeal against the decesion.

All you can do is apply for third extension (unless immigration rules does not change and subsequent extensions will be allowed) and then immediately apply for ILR.

Or you can take a risk and apply by post/ in PEO for ILR in 2015 attaching cover letter explainign the situation and you can hope for power of discretion given by CW. BUt there is a high chance to be rejected, also given that CWs tend to adhere to the rules when it comes to ILR.

Anyways, there is nothing you can do now.

[SamratJha]

Thanks for you reply, appreciate it.

[manojk005]

Thanks for you reply, appreciate it.

The best you can do is to write UKBA explaining that you expiry date should have been based on initial expiry date as you applied within 28 days. You can use this logic and attach printout of the relevant page from UKBA website. There is no harm in trying as it will not cost more than postage charge.

[Greenie]

Thanks for you reply, appreciate it.

The best you can do is to write UKBA explaining that you expiry date should have been based on initial expiry date as you applied within 28 days. You can use this logic and attach printout of the relevant page from UKBA website. There is no harm in trying as it will not cost more than postage charge.

The op didn't apply within 28 days.

[SamratJha]

I was just going through this forum got some different idea.. Not sure if that is feasible... You people can verify it I guess..

Some posts saying, if I apply for second extension by post , generally it would take 2 months minimum to get the decision. So just after 1 month of the application I would be eligible for ILR . Can I vary the application to be considered for ILR as I am already eligible or fresh application when the extension decision is still pending?

Note: as per section 3C, the time you spent waiting for decision to be made,after your visa expires, is counted as continuous period.

Thanks guys for your time.