Tier 1 General: P60 and date questions

[melimango]

I have an appointment on the 30th and am applying under Tier 1 General (came in under HSMP, then Tier 1) with no dependants.

My visa started 1 June 07 and I came into the country on 2 June 07. I then renewed in 09 and was given an expiration date of 1 May 12. 5 years minus 28 days before I entered the country is 5 May 12, but that's after my visa expires so obviously I can apply earlier than that, right?

The other question is I keep seeing people refer to submitting multiple P60s. I don't need to show any finances other than the past 12 months, right? Are the people referencing P60s on a different type of visa with other supporting documents requirements?

Thanks

[linkers]

Melimango; As per modernised guidance, you can apply for ILR 28 days before the 5th anniversary of your HSMP visa date.

You complete 5 years on 1st Jun 2012 and you can apply for ILR on or after Friday, 4 May 2012.
http://www.timeanddate.com/date/dateadd ... &ad=28&aw=


To book an appointment for Friday, 4 May 2012, you need to do it 42 days (6 weeks) in advance. You should have booked it on Friday, 23 March 2012 but you can still keep trying as some people cancel their appointments).

[melimango]

Hi Linkers,

But my visa expires 1 May 2012. Surely I need to have an appointment before my visa expires?! If I wait until the 4th it will have expired. I did ask the question as I know the guidance, so was wondering if anyone had been advised on what to do in this situation.

My appointment is booked for 30th April.

[linkers]

Looks like you applied too early for your Tier-1 extension. I don’t think so you can apply before Friday, 4 May 2012.

You will probably need a 2nd Tier-1 extension before you can qualify for ILR and I would suggest you wait for other senior members to reply or take professional advice.

[melimango]

Hm, thanks, and hope some other people can comment!

Seems a bit crazy to need a one month extension and why didn't they just make it expire at my 5 year date to begin with? I don't remember what the policy was in 2009 when I renewed but the website for Tier 1 currently just says you should apply "at least a month in advance" and I sent it in 2 months in advance, so it's not like I was excessively early (I'm talking in 2009, not now).

[melimango]

By the way, do you know how I'd go about applying for a one month extension? Do you know the email contact for UKBA?

[linkers]

melimango: my guess was correct. You applied for your extension too early. I don’t blame you as even I didn’t know about this at the time of my extension but I still applied 1 month in advance at Sheffield PEO.

Basically unlike ILR where you can’t apply earlier than 28 days, in Tier-1 there is nothing stopping people for applying 2 or even 3 months before the expiry of their first grant. But what happens, is when you are due for ILR, you realise that you are not completing 5 years and need another short extension.

Unfortunately in your case, you will have to get another extension and after that as soon as you complete 5 years in UK since your first grant (or since the day you first entered to be on the safe side), you can apply for ILR in person or by post.

[linkers]

You won’t ask for 1 month extension. UKBA would give you may be 6 months or a year extension. You can however explain the situation in covering letter.

[melimango]

Well that's incredibly annoying, why don't they make that clear? Can you let me know how you know you are correct?

Do you know how I would make an extension? I need to figure this out ASAP as my appt is booked for 30th April, my visa expires on 1st May and I need to fly out of the country on 16th June...

Thanks!!

[linkers]

I have seen cases on this forum. I am afraid you will have to search the forum with different key words or wait for a moderator to explain it more for you.

I guess you would need a new appointment for an extension application as your existing is for ILR.

[zahid.ali.anwar]

Hi melimango,

I don't want to repeat such a long discussion I had with one of the BEST moderator of this board about this issue.

I am giving you the Link. Just go through the complete discussion and if you don't understand anything, come back again.

[linkers]

This is eaxclty what you needed melimango. Thanks zahid.ali.anwar for sharing your experience.

[melimango]

Thanks Zahid. Is that email address the same people as who answer the immigration line for UKBA? They told me the same thing in that it's 28 days from your entry clearance, not when you actually arrived. Unfortunately I was trying to be very efficient and (despite applying months before) had my entry clearance start the 1st of June and I arrived in London on the 2nd of June 2007.

I'm not sure I understand the other option about varying the application but I will take another look later when I'm not at work...

Thanks for the help. I'm just really upset because I already have travel booked for June and August and there's not even any Tier 1 General appts anywhere in the UK before my visa expires. And I have been up and down this forum and the official documents and I can't believe I didn't even question my assumption that it was 28 days before my visa ended, not the date I entered the UK. They should really synch that up.

[vinny]

I posted a message yesterday here http://www.immigrationboards.com/viewto ... 799#627799 asking a question about my applications timings, but am posting a new message because now I have a bigger issue that I need to make more clear in the subject.

Thank you for the commenters who replied on the other thread.

My Tier 1 General visa expires on the 1st of May, and I'm eligible for ILR on the 4th of May, as my entry clearance was for 1 June 2007 (and I first entered the country on 2 June 2007). I had an appointment for the 30th of April as I didn't realise I wasn't eligible for ILR yet, and I have travel booked for June and August and sometimes need to travel for work. I've been told my only option is to apply for a Tier 1 General extension. There's no Tier 1 General appts anywhere before 30th April so I'm in a real bind. Will they really turn away my ILR application because of 4 days? Anyone tried going to an appointment in this situation?

[vinny]

as per your other thread, you need another extension before you can apply for ILR. its costly but a sure way to go I am afraid.

you can continue in one thread instead of opening new ones.

[vinny]

what if you send a postal application for ILR and post it before your leave expires.
i am expert at all let see what others comment on this

[vinny]

Submitting a valid in-time postal ILR application should be okay, if you satisfy the ILR requirements on the date of the decision. However, then you cannot travel prior to the decision.

[melimango]

Hi Vinny,

Are you saying that I should send in an ILR postal application before my visa expires, but it's ok to do so before my 28 days are up? Is it just that they can't approve it until less than 28 days until my 5 years, or that I can't send off the application until the 28 days. If the former, that would at least get me out of having to do the Tier 1 extension and then varying the application.

I think I am going to turn up for my appointment on the 30th of April and if they won't make an exception then I will take my documents to a post office right then and send it off. It's so ridiculous, and I'm very frustrated because I wanted the same day appointment, I have personal travel booked and need to travel for my job.

Looking through other posts, other people who applied "early" (and way earlier than I did, which was 2 months before my expiration) for their Tier 1 renewal got a visa with a stamp that had the correct date that would add up to 5 years. Any idea why they do this sometimes but not all? Surely the caseworker knew that by putting my stamp as 1 May they were making me 3 days short, requiring another renewal?!

[melimango]

Hi again Vinny,

I don't see how I can post an ILR application before my 5 years-28 days as there's this in the guidance "Please do not send us your application more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends"

Won't I be refused with a fee taken if I send my IRL in the post on the 30th? Just want to be clear on this, as the extending Tier 1 and then varying the application seems safer but lengthier/more expensive.

[Master_Blaster]

One option is to send ILR application by post on Mon 30th April and pay by cheque.

Usually, the 28 days will be checked only by the case worker and the case will be passed to the caseworker only after the payment is cleared. If you pay by cheque, it will take 3 to 5 days for clearning and by the time, it will be within the 28 day limit.

Please note that Postal ILR applications can take around 8 - 12 weeks to come back. Check the timelines post for a rough indication of the current times.

[melimango]

Hi Master Blaster,

But the UKBA site clearly says "If you send your application form and application fee by post, the date of application is the date of posting. This is decided by the postmark. If the postmark is illegible or missing, the date of postage is taken as being at least 1 day before it is received by us."

So if my postmark is 30th April, won't they reject it?

[melimango]

Hi,

Thanks for all the replies. I just wanted to add that UKBA replied to an email I sent and said I can post my ILR application now, that the date of the DECISION needs to be after 5 years-28 days, not the date of when I post the application.

Also Master_Blaster, 8-12 weeks would be great... it seems like people commenting in the timeline thread have waited 4-6+ months!! Or is it just the delayed people who post..

No one has commented on my P60 question...

Thanks,
Melissa