Complicated Extension or ILR question

[pmaya]

Hi guys, I need some help please. I cannot find a similar answer anywhere.

My original Tier 1 was

Issued: 24/10/2008
Arrived in UK: 19/11/2008
Expiry: 24/10/2011

1st Extension applied: 23/Sept/2011
Visa issued: 23/09/2011
Exp: 23/09/2013

I assume cannot apply for ILR as I have not been in a UK for 5 Years but have to extend it again. How long is the next extension for? I have an appointment booked for the 27th of Aug 2013.

Thanks in advance,

Peter

[Arsal385]

Hi guys, I need some help please. I cannot find a similar answer anywhere.

My original Tier 1 was

Issued: 24/10/2008
Arrived in UK: 19/11/2008
Expiry: 24/10/2011

1st Extension applied: 23/Sept/2011
Visa issued: 23/09/2011
Exp: 23/09/2013

I assume cannot apply for ILR as I have not been in a UK for 5 Years but have to extend it again. How long is the next extension for? I have an appointment booked for the 27th of Aug 2013.

Thanks in advance,

Peter

Its up to caseworker discretion, they should give you extension for 2 more years but i read in this forum people have got 3 years extension instead of their expected 2 years.

[pmaya]

Thanks for that.
The thing is I don't want it for such a long period as I am only short by just a month and half to make it five years in the UK. I would like to apply fro ILR as soon as I can.

Hope this makes sense,

Thanks again, Peter

[bond.boy203]

Just looking at your dates, think you will be eligible for ILR on 24/10/2013. Because you entered UK before 90 days from the date of approval your counting starts on the visa approval date ( 24/10/2008) and not the date you arrived in UK( 19/11/2008). If we consider 24/10/2008 then you will be completing 5 years by 24/10/2013 and you can apply 28 days before the completion of 5 years ( 26/09/2013) provided you meet all other condition.

I see your visa expires on 23/09/2013 so you are basically two days short of ILR eligibility. obviously you can look at workarounds of sending it by post which might take 2-3 days and so on.

Just a suggestion to think of if you are looking at saving money but having said that there is definitely that risk factor.

[pmaya]

Thank you very much for that detailed reply.

I think the issue here is the fact that when my extension was done, it was not granted for 2 years from the expiry date but on the date of application.

From what I have seen on the board, I should have been granted a visa until the 24/10/2013 and not 23/09/2013.

Because of this I am short of days.

Do you feel they will take this into account? I can can write to the UKBA and ask that this be amended?

Thanks again,

Peter

[UKBALoveStory]

Because of this I am short of days.

How many days do you think you are short of? I think it is just two days. If I were you, I would definitely go for postal application or through Settlement (ILR) Checking Service.

[pmaya]

Settlement (ILR) Checking Service? Did not realise i could do that. Thanks for that. I will definitely do that.

If I could find a good immigration lawyer, I am willing to pay some money to get some advice also, but dont really know a good one? Any recomendadtions?

Thanks,

Peter

[pmaya]

The Settlement Checking Service is limited to SET (M) applicants the UKBA website states. So probably no good for me as I am on SET(O).

Thanks for the advice of submitting my application via mail a few days prior to expiry.
I could have done that but the issue here is that my employer will not allow me to do so. I need to travel overseas for business in Sept, Oct and Nov and quite regularly. They will not want me to risk being without a passport for a lengthy period and wont be great if they fire me.

I found a place on the UKBA website which says the following.

"This page explains when you should apply for permission to remain in the UK under Tier 1 (General).

We encourage you to make your application at least 1 month before your current permission to stay expires. However, if you apply significantly more than 1 month before your permission to stay expires, and you want to apply for settlement later, you may not have accumulated enough total permission to stay. 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."


Given that I did follow their rules (apply at least one month before and no a significant period before'), can I say this was an error on the Case worker's part and appeal for my current visa to be extended by a month? or take this account when deciding on my ILR?

Do you know of anyone wanting to extend their Tier 1 by a few months? I don't really want to stay for a another two years before i have to apply again. I want to really settle myself here and having a visa for just a couple of years severely limits my career progression.

Your thoughts please guys?

Thanks in advance,

PeterMaya

[vinny]

Settlement (ILR) Checking Service? Did not realise i could do that. Thanks for that. I will definitely do that.

If I could find a good immigration lawyer, I am willing to pay some money to get some advice also, but dont really know a good one? Any recomendadtions?

Thanks,

Peter

See also Any good law firm recommendation?

[bond.boy203]

I think you have a misconception here. Although they issue tier 1 for another 2/3 years to you, technically you can apply for ILR as soon as you become eligible. So you don't need to wait until the new visa expiry.

so the safe bet for you is to get Tier1 (as you don't mind spending on Tier1 as well as ILR because of work commitment) get BRP and apply for ILR after 2 or 3 months.


I was just suggesting from the cost perspective if you can apply directly for ILR you can save the cost on additional Tier1 extension. I see that you can't leave your passport for long time with UKBA due to work commitments.


Also ref to your previous extension its completely up to the discretion of case worker whether to issue visa from the date of expiry or from the date of application. In your case think they issued from the date of application which is why you are short of 2 days

[geriatrix]

Apply for settlement before expiry of current leave.
No need for any further PBS extension.

[UKBALoveStory]

Apply for settlement before expiry of current leave.
No need for any further PBS extension.

Technically speaking, you can apply 2 days after the expiry of your visa for ILR in PEO.

Search this forum and you can find many links that vinny and other seniors have posted

Also, you can vary the application from Tier 1 (G) to ILR. This is just a hint from my side as I don't know much about this. Again search this forum and you will find good links.

[geriatrix]

Technically speaking, you can apply 2 days after the expiry of your visa for ILR in PEO.

Search this forum and you can find many links that vinny and other seniors have posted

Also, you can vary the application from Tier 1 (G) to ILR. This is just a hint from my side as I don't know much about this. Again search this forum and you will find good links.

Read the relevant (ILR) policy guidance.

My response and the answer to OP's predicament remains the same as before.

Apply for settlement before expiry of current leave.
No need for any further PBS extension.