Tier -1 General Visa Extension - Visa stamped 28 days less.

[Brindha Muthusamy]

Hello all,

This is my first post to this site. I have read all announcements and related threads but I have not seen answer for my situation.

Our Tier -1 General visa was due to expire on Sep 11 2012(First granted in Sep 2009 for 3 years). We booked a PEO appt on 14th Aug 2012 for extension. UKBA site encourages to make appt atleast a month before ("We encourage applications to be made at least a month before the applicant's
extant (still existing) leave expires.")

The case worker told us that the visa will be stamped on the same day ( UKBA site also says the same thing). We were under the impression that visa will be given starting from Aug 14th 2012 to 2014 Sep 11.

But to our dismay, the visa was granted from 14th Aug 2012-14 th Aug 2014. So we will be short of 28 days for our 5 years to ILR.

Has anyone faced this situation? Will this 28 days be discounted in the 180 days period for ILR? Or How will this affect our ILR?

Please give your valuable suggestions.

Thanks in advance!

[geriatrix]

What is the date of issue of entry clearance (2009)?
What is the date that you entered UK in 2009 as a PBS migrant?

[Brindha Muthusamy]

Thanks for ur reply.

What is the date of issue of entry clearance (2009) - Sep 11 2009
What is the date that you entered UK in 2009 as a PBS migrant? My husband was already in UK under PSW.. so it counts from Sep 11 2009.

[geriatrix]

You forgot to note the following statement at the end of the text you have quoted from UKBA website.

This is because your new permission to stay will begin on the date when we make the decision, not the date when your current permission expires.

Also, in the policy guidance

45. We encourage applications to be made at least a month before the applicant’s extant (still existing) leave expires. Applicants should note however that if the application is made significantly earlier than one month before the expiry of their leave, there is a risk of a shortfall in the required period of leave should they subsequently make an application for settlement. This is because any further leave to remain (for example Indefinite Leave to Remain or Settlement) is granted from the date that we make the decision, not the date the applicant’s extant leave expires.

So the caseworker who dealt with your application has followed what is stated in the policy guidance. Some caseworkers at PEOs follow the guidance and some are more generous granting a post-dated leave with / without any excuses presented by the applicant to justify a post-dated leave. Tough luck!

You can still apply for settlement on 14-Aug-14.

You may wish to write to UKBA but no one can say for sure if your request will be entertained.

[Brindha Muthusamy]

thanks sushdmehta...

Generally, it is you have already obtained visa for 5 years and you can apply 28 days earlier than your visa expiry.
In my case, we only have visa for (5 years - 28 days).

Will this be treated differently? how can i get this clarified from UKBA?
To what address shud I send letter?

[SONAKSHI]

My spouse had the same problem, though application for extension was made by post the visa was extended for 5 years - 27 days. Later we gave a call on the number given on the approval letter and were asked to send the passport back explaining the situation and a new approval was given for totaling exactly 5 years.
In my case even though I made a postal application well in time, but due to the back log of Christmas and New year vacation I got a delayed extension and the total visa validity was for 5 years + 20 days.
I guess it also depends on how busy the UKBA is at that time.

[Brindha Muthusamy]

Thanks for ur reply Sonakshi...

Your postal application, when was it received by UKBA? Was is 27 days earlier to your visa expiry?
Just trying to ascertain why it was granted 27 days less. And when did u renew your visa?

We got our visa by PEO appointment not by post... and we dont have any contact number given in the any of the papers we received.

I only have one option but to write to UKBA. And hope they will send a clarification.

[wpilr_nov12]

What PEO was it?

[Brindha Muthusamy]

Glasgow PEO.

[Brindha Muthusamy]

We wrote a letter to UKBA about the dates not being correct. They asked to send BRP cards and the dates was amended.

Thanks SONAKSHI!! your message helped me!!

[SONAKSHI]

My pleasure.