Tier-1 (General) Extension - 2 weeks before expiry

[pavanbarnala]

Hi All,
I'm new to this forum. I'm in UK on Tier-1 (General) about to expire on 09 March 2012. I came very recently to UK. So, I'm naturally falling short of earnings to show for extension. I'm working on 2 contract jobs and as per my calculations, for me to have sufficient earnings for extension, I would need to include earnings till February ending. So the extension application date would be just a week before the expiry.

My question: Has anyone applied for extension this late before expiry? I know that as per the latest UKBA guidelines, we need to apply not before a month, but is there any timeline on how late we can apply for extension beyond which application could be rejected?
Experts: Please share your experiences/thoughts.

Thanks in advance

[kadik]

As long you apply for your extension before expiry of your current leave you should be fine!!

Ensure that your papers reach them before your visa expiry date; you can send the application documents two days prior to the actual expiry to get a confirmation that it reached before expiry.

You can also apply in PEO during the last week!! All the best.

[pavanbarnala]

Great! Thanks a lot for that input.
I will apply in PEO exactly 1 week before the expiry date with all documents.

Cheers !

[kadik]

Remember: It is required to apply for PEO appointment atleast 6 weeks in advance and even then they dont guarantee the appointment.

[pavanbarnala]

My visa expiry is on 09 March 2012.
So I will book appointment for 2nd Mar. Going back 6 weeks from that day is 20th Jan. When you say atleast, does that mean I can book for PEO even now? or should I want till the week of 20th Jan and then book?

Also, just to confirm, wanted to ask the following:
For booking PEO appointment, do i need to pay the money online at the time of booking itself?
Can I pay on the same day as my PEO?
Biometrics will be done on the same day as my PEO?

Many thanks in advance !!

[zahid.ali.anwar]

Hi All,
I'm new to this forum. I'm in UK on Tier-1 (General) about to expire on 09 March 2012. I came very recently to UK. So, I'm naturally falling short of earnings to show for extension. I'm working on 2 contract jobs and as per my calculations, for me to have sufficient earnings for extension, I would need to include earnings till February ending. So the extension application date would be just a week before the expiry.

My question: Has anyone applied for extension this late before expiry? I know that as per the latest UKBA guidelines, we need to apply not before a month, but is there any timeline on how late we can apply for extension beyond which application could be rejected?
Experts: Please share your experiences/thoughts.

Thanks in advance

The best thing would be to use Royal Mail special delivery. The day you post your application. It will be classed as application date by UKBA.

If you use courier, then the date of application will be the day courier deliver's the package to UKBA.

So your application date MUST NOT be after your visa expiry date. Even if you send the documents on the same date your visa expires, through Royal Mail. It will be classed as intime application.

Now the other part of it. Keep on trying for the PEO date for your extension application. However, if you failed to get one. You still have time to send your application till the last date of your visa validity.

[madhumesh]

The best thing would be to use Royal Mail special delivery. The day you post your application. It will be classed as application date by UKBA.

If you use courier, then the date of application will be the day courier deliver's the package to UKBA.

So your application date MUST NOT be after your visa expiry date. Even if you send the documents on the same date your visa expires, through Royal Mail. It will be classed as intime application.

Now the other part of it. Keep on trying for the PEO date for your extension application. However, if you failed to get one. You still have time to send your application till the last date of your visa validity.

If for any reason application is declared Invalid,

• Will it be considered under Section 3C?
  Will applicant be allowed to vary application and not to file fresh application?

Thanks & Regards

[zahid.ali.anwar]

• Will it be considered under Section 3C?
  Will applicant be allowed to vary application and not to file fresh application?

Thanks & Regards

1. For invalid application, the section 3C leave is no good. Section 3C leave triggers, when your application is still waiting decision in Home Office and your current leave expires.

2. If you are in your section 3C leave and you want to vary the application, you can do it. But if your section 3C is not started and you still have valid leave to remain then you have to apply fresh, in case the visa is refused or returned as invalid.

[madhumesh]

• Will it be considered under Section 3C?
  Will applicant be allowed to vary application and not to file fresh application?

Thanks & Regards

1. For invalid application, the section 3C leave is no good. Section 3C leave triggers, when your application is still waiting decision in Home Office and your current leave expires.

2. If you are in your section 3C leave and you want to vary the application, you can do it. But if your section 3C is not started and you still have valid leave to remain then you have to apply fresh, in case the visa is refused or returned as invalid.

Thanks Zahid,

I was trying to highlight the case where applicant is applying near visa expiry such as OP in this case. Correctly stated, "Section 3C will trigger once application is still waiting decision in Home Office and current leave expires". It's well and good if visa is granted. and also if Visa is refused Section 3C remains until all the options with appeal is exhausted.

However what happens when Visa is expired and application is returned invalid, In most cases of invalid application due to payment issues or incorrect photo HO allows to file fresh application even though Visa is expired. We assume that second application is accepted. However

Is it accepted as fresh application or varying the previous application?
Does Section 3C still applied? if not then is it considered overstaying for the period?
What is the legal status of applicant?
and does it affect ILR, assuming it's considered overstaying?

Thanks & Regards

[pavanbarnala]

Thanks Kadik and Ali Anwar. I appreciate your inputs. It really is of great help. My situation has slightly changed a bit now since the time I posted this query. I have just posted a new post with title 'Applying for Tier-1 extension - Last minute queries' with some queries/clarifications that I want to clear before I apply for my extension. Please do check that and reply. Looking forward to some inputs on that.

Thanks
Pavan

[theroyale]

So I will book appointment for 2nd Mar. Going back 6 weeks from that day is 20th Jan. When you say atleast, does that mean I can book for PEO even now? or should I want till the week of 20th Jan and then book?
Wait for the exact date 6 weeks in advance, go online at 2358 hours and login, and select/book your appointment at exactly 0000 hours. Otherwise you won't get it!

Also, just to confirm, wanted to ask the following:
For booking PEO appointment, do i need to pay the money online at the time of booking itself? No it on the day of appt.
Can I pay on the same day as my PEO? Yes
Biometrics will be done on the same day as my PEO?

Yes

[Greenie]

• Will it be considered under Section 3C?
  Will applicant be allowed to vary application and not to file fresh application?

Thanks & Regards

1. For invalid application, the section 3C leave is no good. Section 3C leave triggers, when your application is still waiting decision in Home Office and your current leave expires.

2. If you are in your section 3C leave and you want to vary the application, you can do it. But if your section 3C is not started and you still have valid leave to remain then you have to apply fresh, in case the visa is refused or returned as invalid.

Thanks Zahid,

I was trying to highlight the case where applicant is applying near visa expiry such as OP in this case. Correctly stated, "Section 3C will trigger once application is still waiting decision in Home Office and current leave expires". It's well and good if visa is granted. and also if Visa is refused Section 3C remains until all the options with appeal is exhausted.

However what happens when Visa is expired and application is returned invalid, In most cases of invalid application due to payment issues or incorrect photo HO allows to file fresh application even though Visa is expired. We assume that second application is accepted. However

Is it accepted as fresh application or varying the previous application?
Does Section 3C still applied? if not then is it considered overstaying for the period?
What is the legal status of applicant?
and does it affect ILR, assuming it's considered overstaying?

Thanks & Regards

If an application is rejected as invalid (due to payment issues, wrong form etc) it is treated as if the application has never been made - section 3C does not apply. If the application is returned as invalid after the person's leave as expired, they will now be an overstayer.

[harshil223]

If an application is rejected as invalid (due to payment issues, wrong form etc) it is treated as if the application has never been made - section 3C does not apply. If the application is returned as invalid after the person's leave as expired, they will now be an overstayer.

so does the "overstayer" need to leave the country immediately or can apply once again after correcting payment issue and/or correct form?

[Greenie]

he or she could apply again but will be an overstayer unless and until the application is granted. If the application is refused there will be no right of appeal and if more than 28 days have passed since the expiry of the original leave, he or she will be subject to at least a one year ban on future entry clearance applications after leaving the UK.

[nadeemmoghal]

Guys, may i know please what is PEO?

[longshift]

Guys, may i know please what is PEO?

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