LETS JOIN TOGETHER COMPLAIN - New ruling - PEO applicants

[RajLal]

LETS JOIN TOGETHER

Under the New ruling - expiry date of visa extension = date of decision = date of appointment
So 5 years not completed for those needing it.

28 days
UKBA case worker stated
"
'can apply within 28 days of 5 years' does not mean that you dont need to have the complete 5 years of leave to remain.

You still are required to have at least 5 years of leave in Tier 1 even when applying 28 days before 5 year completion."

Warning to PEO applicants
If you need the extension to complete 5 years, dont apply PEO.


Lets join together & get the ruling changed. So many people are not able to complete their 5 years & are falling short of only few days because of this.
I discussed this in great detail with the caseworker, he said we need to complain & get it changed.

The ruling was given for benefit of postal applicants who were affected by the long time it took to receive the decision.

They did not consider that PEO applicants who get same day decision will fall short of their 5 years with this. The Tier 1 system was designed to enable the person to apply for ILR after one extension. This ruling for the benefit of postal applicants is having unintended consequences as someone overlooked how it related to PEO applicants.

[rdamsel]

I cant see this new rule on UKBA website?

Could you post the link where it stated all this?

[mulderpf]

What new ruling is this? When did it change?

[RajLal]

I had been contacting BRPError and also the UKBA in writing. The caseworker from the PEO phoned me & explained that there is a new ruling whereby the date of expiry will have to be the date of decision.

Others have been receiving the BRP with the same problem. People i have read on this forum are under this assumption that since one can apply within 28 days of expiry of extension it would mean that they still qualify for ILR. But i have confirmed this point with the caseworker who put me on hold & after checking stated that the leave on my visas must complete 5 years even if i make an application 28 before 5 years.

I have not been able to get the reference of the ruling, but the caseworker mentioned other people were affected by it. A lot of people can be found in the forums. It was the caseworker who advised me to complain.

One thread containing people who were affected:
http://www.immigrationboards.com/viewtopic.php?t=124893

[mulderpf]

I applied on 6 February (two days ago) and my expiry date is based on the expiry of my current visa, not on the date of the decision.

[rdamsel]

I will take UKBA to court if they do this to me because they have clearly mentioned that we can apply within 28days of expiry.

But again, most of the caseworkers and even senior caseworkers don't have a clue whats going on or they don't bother to know.

[cs95tdg]

But i have confirmed this point with the caseworker who put me on hold & after checking stated that the leave on my visas must complete 5 years even if i make an application 28 before 5 years.

I have not been able to get the reference of the ruling, but the caseworker mentioned other people were affected by it. A lot of people can be found in the forums. It was the caseworker who advised me to complain.

When writing your letter of complaint, it would help if you could ask for the UKBA reference to this, as at the moment, everyone is going on the basis of personal experience, which varies from case to case.

[Raj120980]

What is the process that we need to follow to complaint about it? I am willing to join this effort and make a complaint as well, where do I have to send this compliant to in writing and to whom it should be addressed?

[mulderpf]

I will take UKBA to court if they do this to me because they have clearly mentioned that we can apply within 28days of expiry.

But again, most of the caseworkers and even senior caseworkers don't have a clue whats going on or they don't bother to know.

This notice has been up on the website for a number of months now:

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.

In terms of the rules, they are also following immigration law, so I don't think you'll have much to base a lawsuit on.

[Manka10]

the rule is that new LTR is given from the date decision was taken, there is nothing much to fight about this,

if you apply within 28 days of expiry of LTR then CWs can discreetly write off any shortfall caused due to overlapping LTRs in the 5 year ILR requirement

real issue to fight would be the delay in processing postal applications which are taking anywhere between 4 to 6 months on average

[RajLal]

I will take UKBA to court if they do this to me because they have clearly mentioned that we can apply within 28days of expiry.

I discussed this with caseworker. He said although you can apply within 28 says of expiry, but for granting an ILR the total leave on your visas must be 5 years so you cannot get ILR.

[cs95tdg]

What is the process that we need to follow to complaint about it? I am willing to join this effort and make a complaint as well, where do I have to send this compliant to in writing and to whom it should be addressed?

I can only refer you to the UKBA complaints procedure. I.e. http://www.ukba.homeoffice.gov.uk/about ... complaint/
As far as this specific issue is concerned, I agree with what mulderpf has stated in terms of what is stated on the UKBA site. The reason I suggested you ask for a reference is because you stated the following:

But i have confirmed this point with the caseworker who put me on hold & after checking stated that the leave on my visas must complete 5 years even if i make an application 28 before 5 years.

I have not been able to get the reference of the ruling, but the caseworker mentioned other people were affected by it. A lot of people can be found in the forums. It was the caseworker who advised me to complain.

As far as I'm aware, you are allowed to apply for ILR from upto 28 days before your qualifying residence period, and should apply before your current LTR expires. But there is nothing which states that you need to have extant leave to cover the entire residence period (E.g. 5 years). There was a post by one of the forum members here, who got this confirmed by the SettlementPolicyOps team as well - See http://www.immigrationboards.com/viewtopic.php?t=102227. So unless something has changed very recently, what you state in blue cannot be correct.

[mulderpf]

I discussed this with caseworker. He said although you can apply within 28 says of expiry, but for granting an ILR the total leave on your visas must be 5 years so you cannot get ILR.

There is no rule saying that your total leave on your visa has to be 5 years in order to qualify for ILR. This is, AFAIK, incorrect.

[Highly_Skilled]

Issuing a visa from date of decision is now been taken by caseworkers as this is in line with the Immigration Rules and, therefore, Alvi Judgement.

The fact that caseworkers were issuing from date of expiry was not in line with the Immigration Rules and merely from guidance.

Unfortunately, migrant's cannot pick and choose which rules the Alvi judgement refers to.

The UKBA are not doing anything wrong by adopting this procedure.

[bubin123]

They are indeed doing wrong...
I applied on 6th Feb at Croydon PEO... my visa was expiring on 16th March (more than 28 days)..just received the BRP... visa end date is 16th Mar 2016.. which is 3 years from expiry....
its more on discreation than rules and guidance...

[Raj120980]

I guess the maximum we can do is to write to the case worker and request him to reconsider his decision.

The people in this forum along with the several solicitors I have spoken to in the last 3 days - everyone has confirmed that this shortage of 23 days in my case will not be a problem and I should be able to file for ILR. The only thing that I will have to manage is to complete everything within the window of 5 days as we can file for ILR within the span of 28 days before the 5th anniversary.

I will put my worries to rest now and just wait for the response from case worker.

[nice32]

I don't think it will effect your ILR as long as you applied within 28 days.

your are referring one case and may few more will be .. but it does not means rule changed.
as far as i know rules are making by parliament. the inner detail of the law is filled by the concerned department .
so in this case HO must properly advertise and give proper time . like they can say that we are changing this rule from this date. like that did in past fee changing TIER I EARNING , AGE . CLOSING TIER 1 etc.
case worker is human being and he may be wrong .
it is very strange the case worker change rules.

Ho has clearly mentioned that you can apply 28 days before your current leave expire.
they say if you file application before 28 days then there is refusal risk.
you said about postal application . how you can say that only postal application can benefit.
it is just you pay more will get quality.its quite simple everywhere.
don't mislead people.
PEO people should keep in mind that it may a act of persuasion. a try to cancel your appointment and those who cannot get PEO should be it easily after you huge cancellation.
I am not lawyer neither scholar but just trying to compel those on thinking before cancellation of appointment.

[RajLal]

28 days
UKBA case worker stated
"can apply within 28 days of 5 years" does not mean that you dont have to have the complete 5 years of leave to remain.

You still have to have complete 5 years of leave even when applying 28 days before 5 years.

[mulderpf]

28 days
You still have to have complete 5 years of leave even when applying 28 days before 5 years.

How does that make sense? They don't keep your documents for 28 days until you have completed 5 years.

[Manka10]

You still have to have complete 5 years of leave even when applying 28 days before 5 years.

did you (or CW) just say need to complete 5 years of leave even when applying 28 days before 5 years?

might be possible on a planet with different reality system OR if you manage to break the time space continuum, but this might upset the balance of our only planet but who cares, its all for applying ILR

[senthil123]

All,

I have written a letter to my CW last friday and am yet to hear from her regarding the expiry date.

http://www.immigrationboards.com/viewto ... sc&start=0

Is this happening to people who have applied through Sheffield PEO or is there anyone else facing the same problem after applying through another PEO ?

[Highly_Skilled]

All,

I have written a letter to my CW last friday and am yet to hear from her regarding the expiry date.

http://www.immigrationboards.com/viewto ... sc&start=0

Is this happening to people who have applied through Sheffield PEO or is there anyone else facing the same problem after applying through another PEO ?

Please be advised this is not happening just at one particular PEO, this is applicable for every PEO and every Postal application. It will be affecting everyone.

Your caseworker cannot change the date of your visa expiry as they have not done anything wrong. The date of decision for your visa expiry is what is stated in the Immigration Rules as opposed to guidance in line with the recent Alvi Judgement.

[RajLal]

You still have to have complete 5 years of leave even when applying 28 days before 5 years.

did you (or CW) just say need to complete 5 years of leave even when applying 28 days before 5 years?

Yes that the caseworker after putting me on hold & thoroughly checking said that.

After he admitted this was wrong but i have to complain to different authority.

[alimohmand]

1. Current vignette Tier 1 : Tier 1 (G)
2. Date of PEO Appointment : 20 Feb, 2013
3. Date of expiry of current leave (visa) : 30 APR, 2013
4. Date of expiry of the new visa : 30 APR, 2015
5. Biometric card received: 22 Feb, 2013
5. PEO: Croydon

Apparently it appears that my visa expiry date is post dated even though I applied on 20th of Feb.

[patel042013]

Hi RajLal,

I had a same Issue even I did send through post, Please how did you overcome from 5 years completion Issue now.

Thank you for your valuable response and time.

LETS JOIN TOGETHER

Under the New ruling - expiry date of visa extension = date of decision = date of appointment
So 5 years not completed for those needing it.

28 days
UKBA case worker stated
"
'can apply within 28 days of 5 years' does not mean that you dont need to have the complete 5 years of leave to remain.

You still are required to have at least 5 years of leave in Tier 1 even when applying 28 days before 5 year completion."

Warning to PEO applicants
If you need the extension to complete 5 years, dont apply PEO.


Lets join together & get the ruling changed. So many people are not able to complete their 5 years & are falling short of only few days because of this.
I discussed this in great detail with the caseworker, he said we need to complain & get it changed.

The ruling was given for benefit of postal applicants who were affected by the long time it took to receive the decision.

They did not consider that PEO applicants who get same day decision will fall short of their 5 years with this. The Tier 1 system was designed to enable the person to apply for ILR after one extension. This ruling for the benefit of postal applicants is having unintended consequences as someone overlooked how it related to PEO applicants.