3 years extension after 3 years initial tier 1 visa

[hli]

Hi All,

Not sure I am the only one but I have just received my brp card today and find out that I have got another 3 years permission.

My initial visa application was submitted before 6 Apr 2010 but granted after that date, should I get 2 years extension or 3 years? Do I need to report this to UKBA? I will apply my settlement visa in 2 years anyway just don't know whether it's an administrative mistake or it's just how it works.

Thanks a lot
Harry

[jonbca]

They have a Buy 2 Get 1 Free offer on now

[vinny]

245CB.

[muditmalhotra]

245CB.

this rule says

Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

but it dosent say what to do if you get if for further 3 years ? do u think he should go and get it rectified ?

[hli]

Hi, Thanks for your reply.

the rules say 2 years, but on their website

http://www.ukba.homeoffice.gov.uk/visas ... /applying/

"How long can you extend your stay for?
If we approve your extension application, you will be able to continue living and working in the UK for a maximum period of:

2 years if you are currently a Tier 1 (General) migrant and your current permission to stay was granted before 6 April 2010; or
3 years if you are in any other eligible immigration category."

They are totally different right?

I think I will leave with it....I am going to submit my settlement visa application in 2 years time anyway.

Thanks for your help.

[muditmalhotra]

2 years if you are currently a Tier 1 (General) migrant and your current permission to stay was granted before 6 April 2010; or
3 years if you are in any other eligible immigration category."

woo !! this makes me confused now !

because for points calculation application date in considered, but for grant of extension do they consider Date of Grant ??
if so ..

I applied my tier 1 on 23 march 2010 (initial)
got it stamped on 20th april 2010

so by above quote I must get extension for 3 years ??

I have applied for extension lets see what it comes out to be. .. !

[ram80]

What is mentioned on UKBA website is not necessarily law. It is necessary to see what the immigration rules say, because that is the law.

Immigration rules clearly say that if you were granted visa as per the rule applicable on 6th April 2010 or later, extension will be for 3 years.

[tier1_applicant]

What is mentioned on UKBA website is not necessarily law. It is necessary to see what the immigration rules say, because that is the law.

Immigration rules clearly say that if you were granted visa as per the rule applicable on 6th April 2010 or later, extension will be for 3 years.

Yes. thats correct. However, it does not clearly define policy for second and later extensions.
It is wrong that people pay the same fee but they get 2 years only in multiple extensions while those under policy on/after 6th April 2010 get three years always.
Idea was over a period of 5 years it should 3+2 which was later changed to 2+3.
Therefore, in 2nd and 3rd extension above should again be 3+2 (rules before 6th April 2010) and for others it should be 2+3
However, as this is not listed clearly, may be caseworkers are applying their own logic sometimes.

[ram80]

Yes for the 2nd extension onwards, it is odd that some may get 3 year extensions while others get two.

[hli]

So what should people do if they got 3 years extension when the law says they should get 2 years.

[ram80]

I don't think it is unlawful to accept a longer extension, although you can have it corrected if you want.

[hli]

I don't think it is unlawful to accept a longer extension, although you can have it corrected if you want.

Thanks Ram, is there an email address for this kind of enquiries? To be honest I am not too worried about it. The only concern is what would happen when I apply for my ILR in 2 years time. I think it's a good idea to make it clear but I cannot find a contact email address on their website. I don't think it's worth calling them....

I also don't want to use the brperror email address as I don't think there is anything on my permit "untrue, misleading or incomplete".

[tier1_applicant]

I don't think it is unlawful to accept a longer extension, although you can have it corrected if you want.

Thanks Ram, is there an email address for this kind of enquiries? To be honest I am not too worried about it. The only concern is what would happen when I apply for my ILR in 2 years time. I think it's a good idea to make it clear but I cannot find a contact email address on their website. I don't think it's worth calling them....

I also don't want to use the brperror email address as I don't think there is anything on my permit "untrue, misleading or incomplete".

Yes. there is no error in your permit.

People are still getting longer extensions: http://www.immigrationboards.com/viewtopic.php?t=132038

It does not matter if it is just 2 days more or 1 year.

Ukba does not have any consistency in longer extensions (Sometimes it is exactly 2/3 years from date of decision, in some cases (mostly in Croydon), you get upto additional 3 months and in other PEOs some case workers grant upto additional 28 days from date of approval .