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Visa Dates

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rashidkhan
Newbie
Posts: 44
Joined: Wed Jun 09, 2010 1:43 pm

Visa Dates

Post by rashidkhan » Thu Feb 17, 2011 1:01 pm

Hi,

If a 3 year Tier1 is granted in the approval letter, when the passport is sent to get the Visa stamped, should its start and end dates show the full 3 year period?

I had 2 work permits granted to me before and their visa dates showed the full period granted accordingly. Obviously the decision dates are always prior to the visa dates, so even though the decision dates showed an earlier date, the visa start date and end dates showed the full periods.

The last Tier1 visa i got shows not the full 3 year period but a bit less and home office say that is because they counted the period from the date the decision was made.

Can my Tier1 visa be corrected to show the actual full 3 year period and not less?

Any help is great help!
Thank you

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Visa Dates

Post by xyz123 » Thu Feb 17, 2011 1:25 pm

rashidkhan wrote:Hi,

If a 3 year Tier1 is granted in the approval letter, when the passport is sent to get the Visa stamped, should its start and end dates show the full 3 year period?

I had 2 work permits granted to me before and their visa dates showed the full period granted accordingly. Obviously the decision dates are always prior to the visa dates, so even though the decision dates showed an earlier date, the visa start date and end dates showed the full periods.

The last Tier1 visa i got shows not the full 3 year period but a bit less and home office say that is because they counted the period from the date the decision was made.

Can my Tier1 visa be corrected to show the actual full 3 year period and not less?

Any help is great help!
Thank you
I dont think home office would change that. but why do you want it to be full 3 years. are you concerned about being short of ILR period? if so post all visa dates and someone can look and advise.

rashidkhan
Newbie
Posts: 44
Joined: Wed Jun 09, 2010 1:43 pm

Short of ILR period

Post by rashidkhan » Thu Feb 17, 2011 1:51 pm

Dear XYZ123,

Yes i am concerned that i am short of just 2 or 3 days of ILR period.
Following are the dates:

1st Work Permit: (for 5 years)
Decision Date : 04/08/2006
Visa Start Date : 30/08/2006
Visa End Date : 30/08/2011

2nd Work Permit: (for 18 months)
Decision Date : 20/06/2007
Visa Start Date : 02/10/2007
Visa End Date : 02/04/2009

Last Tier1 Visa: (for 3 years)
Decision Date : 31/07/2008
Visa Start Date : 08/08/2008
Visa End Date : 31/07/2011<--

Can someone please advise me?
Kind regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Feb 17, 2011 4:09 pm

IMHO, the period of Tier 1 (General) leave issued to you is indeed incorrect.

If the UKBA claims that that leave started from the day the decision was made, then the effective / start date of the leave of the leave should have reflected the date on which the decision was made (i.e. - 31-Jul-07, and not 08-Aug-08).

The rule is clear that that the the period of initial grant of Tier 1 (General) leave will be 2 years (for some time in the past, this used to be 3 years) and the visa effective date and visa expiry date should therefore either be 2 years apart of 3 years apart (depending on what the rules in force on the date of application said regarding period of initial grant of leave.

If you have a copy of the policy guidance that was in force at the time of your application (2008) you can find the information in there. The following is what the current policy guidance states:
Tier 1 (General) policy guidance wrote:Leave to Remain where previous grant of leave was not as a Tier 1 (General) participant or Innovator (switching) - For a period of 2 years
You should write to UKBA at the address mentioned in the following link, provide all necessary details and explain your case, and request that the validity period be corrected to be in line with the policy guidance in force at the time (2008).
ECB19.3 An incorrect Tier 1, 2 or 5 PBS endorsement


regards

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