Tier 1 extension - postal vs. PEO

[Ess2013]

I'm applying for an extension for my Tier 1 General visa. My visa is from 13 April 2010 - 13 April 2013. My first entry in the UK was on 17 June 2010. This means that I first came into the country 65 days after i received my visa.

I have got an appointment for 21 March at Croydon PEO but i have been told by people who have recently been through the immigration experience that if I apply by post it might be easier to cover the shortfall that I would face when i apply for ILR (even after the 28 days grace period, I would have a shortfall of 37 days).

Is there anyone who can guide me from their experience whether it makes sense to send my application by post, as i have heard/ seen that the visas sent by post are generally extended for a longer period? If i apply at the PEO, chances are that my visa will be extended from 13 April 2013 to 13 April 2016, but do postal applications get an additional extension to their visas? I want to cover the shortfall somehow; any help would be much appreciated!!

Thanks

[banilkum]

From my understaning you arrived before 90 days of your stamping date which is good. The count for your eligibility starts from stampind date and not the date of entry.

So, you need not worry about missing the eligibility either ways

Experts correct me if I am wrong

[Ess2013]

Thanks banilkum.

Can anyone else verify this please? I'd be grateful!

Thanks

[cs95tdg]

If you first entered the UK within 3 months of EC, then the period between EC & date of first entry will be considered towards your 5 year residence.

See continuous residence guidance for further info: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Ess2013]

cs95tdg: Thanks for the info. I'm still confused though. If on 21 March 2013 I get a 2 year extension till 21 March 2015, wouldn't i still have a shortfall of 37 days or so as my first entry (though within 90 days) was on 17 June 2010? Wouldn't this affect my ILR application?

[cs95tdg]

I'm not sure how else to put this, but hopefully the following explanation will make sense...

You would be eligible to apply for ILR, from upto 28 days before the 5th anniversary from your EC date (13 April 2010) as you first entered the UK within 3 months of EC. I.e. (16 March 2015) http://www.timeanddate.com/date/dateadd ... &ad=28&aw=

So, if your visa extension gives you LTR until 21 March 2015, you will have a period of 5 days within which you can apply for ILR, so long as you meet all other requirements for ILR.

Note that the rules do not say that you need extant leave to cover the entire 5 year residence period. But do state that you need to apply for ILR before you current LTR expires and anytime from upto 28 day before your 5th anniversary.

[Ess2013]

cs95tdg: thank you, that does clarify things for me. Can I ask one more question? If someone does have a shortfall, do they have to get an extension again for the period of the shortfall and THEN apply for ILR?

[cs95tdg]

Yes.