TIER1 EXTENSION VALIDITY DATE ISSUE

[gzvnn2]

Hello,

I have applied for my Tier1(general) visa extension on 11jan2011 via post and got my visa extended from the date of decision but it was extended for 3years instead of 2years as i had initially recieved entry clearance for 3years visa.

As i applied early extension by 6months , is it given like this or should i inform the uk border about this?

I have to apply for my wife as dependant visa and if i contact uk border now, it may be still delayed and i need to resend all the bank documents etc for my wife.

On the positive side, i dont need to go for another extension for my PR. will it be illegal to stay after 2years though the visa is issued for 3years ??

kindly advise me the best possible solution at the earliest possible.

thanks
sai

[geriatrix]

Do get it corrected.


regards

[geriatrix]

On the positive side, i dont need to go for another extension for my PR. will it be illegal to stay after 2years though the visa is issued for 3years ??

There is no positive side! UKBA will admit to the mistake (administrative error) but will still blame you for not informing them of the error / getting it corrected. And will leave you in a limbo at the end of 2 years (an overstayer, for no fault of yours).


regards

[T1_Mainframe]

I would say a tough call.

I am wondering why should he be considered overstayer when his visa is still valid. Aren't they giving 3 year long extension for those who got 2 years initially? Having a 3 year long stamping is not odd.

[geriatrix]

I would say a tough call.

I am wondering why should he be considered overstayer when his visa is still valid. Aren't they giving 3 year long extension for those who got 2 years initially? Having a 3 year long stamping is not odd.

The difference here is that the OP has already been granted initial leave of 3 years, and therefore the extension must be 2 years

Total leave (initial + 1 extension) = 5 years = qualifying residential period for settlement, be it 2+3, 3+2!

See also 245D. Period and conditions of grant.


regards

[gzvnn2]

Hello all,

thanks for your timely reply,

i am puzzled, if i go and say to uk ba that there is a error , they may take few weeks to get my new visa card.
my wife is ready to apply for dependant visa, which will be delayed aswell which i am not interested much.

All the entries are correct except the validity,
Is visa extension date is the whole responsibility of the caseworker ?.

i am not sure why it would be overstay if the visa is legally issued?

[geriatrix]

The point is that the visa has not been issued in accordance with the immigration rules, in terms of its validity - and therefore cannot be defined (as you do) - legal! While the leave may have been issued in accordance with the law, but the validity of leave is not in accordance with the law! Click on the link I have provided above.

Whether you want to get the error corrected now, for yourself, and then apply for dependant(s) leave to remain later on or you want to appy for dependant(s) leave to remain now and then have the endorsement corrected (in your or all the passports in which the validity is incorrect) - is your choice / decision!

Whether you wish to get the error corrected or whether you wish to risk becoming an overstayer based on your assumptions and despite the suggestion(s) - is also your choice!


regards

[gzvnn2]

Hello,

Thanks for the reply.

is the visa stamp valid even if the validity date is given for 3years instead of 2years ? or should it be corrected immediately??

what would be the time line for the correction anyidea?

kindly let me know your opinion.

thanks

[bani]

IMHO, the visa is legal. The expiry date is due to a mistake, but it is official unless revised/corrected. It will not make the OP an overstayer.

It's as legal as getting the shorter visa by their mistake. You still have to abide by the stamped expiry date, rather than rationalise that you should have been given an extra year.

There might be problems at the ILR stage, and I would write UKBA about it, and send it back before the 2 years. But there is no urgency to have it corrected now, especially as the OP has travels.

[gzvnn2]

hello,

thanks for your reply...

i am bit worried about this, as in the letter , it is stated that any mistake has to be reported within10 working days or have to apply again,,

if i inform within 10working days, my wifes dependant visa will be delayed.

i can inform within 2years but if inform ukba after 10working days, will they ask me to make a fresh application?? is it better to go for another early extension before 2years to avoid problemns in ILR??

is there any other instances if someone in same situation, please suggest me what to do..

[Greenie]

I agree with bani on this.

The OP will not be treated as an overstayer if he doesn't get his end date changed. He has been granted leave to remain until a certain date.
The fact that this appears to be as a result of an administrative error is not relevent. In addition the decision maker always has discretion to grant more faviourable leave.

Once leave has been conferred it cannot be curtailed (if leave is limited) or revoked (if the leave is indefinite) unless certain requirements are met. For example, if deception was used to obtain the leave, if it is no longer deemed conducive to the public good for the person to have the leave, or if the person no longer meets the conditions of his leave.

The purpose of the correction scheme Sushdmehta refers to is firstly only relates to entry clearance applications but secondly is there for UKBA to correct less favourable grants or conditions of leave than the rules require.

In my option the OP is under no obligation to send back his BRP to get it changed and certainly under no obligation to do so within 10 days.

gzvnn2 - as I have said I don't think you need to get your BRP changed. But for your information the 10 day deadline is for them to correct errors such as the spelling of your name or date of birth. If there is an issue with the length of leave granted or the conditions of leave the BRP has to be sent back to the caseworker and they don't impose the 10 day deadline. They certaintly wouldn't make you pay again to get them to give you less leave!

If you are worried then what I would suggest is to apply for your wife's visa and then write to them to clarify the situation.

[silverline]

He is not an overstayer at all. His visa is valid & legal.

If home office reject his ILR on this point (highly unlikely), in court appeal, immigration judge will literally lash out HO laywer & kick him out.

[geriatrix]

It is best to mitigate risks, and all the OP needs to do is inform UKBA of the error and seek clarification on the matter - based on which UKBA will either undertake a correction or advise the OP that no mistake has been made (prefer to get this in writing, in case evidence is needed in future).

The issue at hand is not (and never was) whether the OP will win an appeal or not (if it comes to that), but whether OP should risk getting in (potential) trouble in the future or resolve the issue in good time!

Perhaps, reading this topic may help understand the kind of trouble one may get into, when least expected, for petty administrative mistakes (somewhat similar to this case, though under Tier 2 / WP) by UKBA. While I am sure the OP of the linked topic would have won his arguments in front of a judge, but the point is ... should the OP (of this topic) make the same mistake of "ignoring" a discrepancy (if others don't believe it to be an error or an error worth correcting / getting clarification on) and remain susceptible to such possibilities (as the linked topic highlights)?

IMHO ....



regards

[silverline]

@ sushdmehta

You are right in saying that it can cause complication as the particular case you referred to became victim......but I disagree over legality. He can't be deemed either illegal or an overstayer in any court of law.

It's indeed advisable to get it corrected (especially if extra year is of no value to qualify for ILR).