Extension of 3 year confused

[O_Relly]

Update: My friend who recently applied for his Tier 1 2nd extension (postal, application, his initial grant was before 6th April 2010) got his extension for 2 years.

He wrote to the case worker (via post to the Sheffied address) referring to 245CB and that he should have been awarded 3 years instead.

He got a response yesterday from caseworker that according to 245CB, it was correct that he was granted 2 years, as his last leave granted immaterial of whether it was post 6th April 2010, was indeed granted based on rules in place prior to 6th April 2010. (not the exact text, but in similar lines)

[hussainkothari]

Update: I got the BRP cards with 3 years of visa on 21st Oct.

[pyke]

I think ORelly's point makes sense. However, why are they amending it for some and not others when it's disputed? It does not appear to be consistent.

[zabiela]

I think it depends on the understanding of the caseworker. There are instances where a person who qualified (and applied) based on points before the Apr 2010 criteria but eventually got the visa at a later date in April, they have granted the extension for 3 years instead of 2 despite the initial visa being of 3 yrs. So my understanding is they have looked at the initial visa stamp date instead of application date.

[O_Relly]

Given that the first grant and first extension is either 3+2 yrs (old rules) or 2+3 yrs(new rules), it doesn't seem fair, that the 2nd extension is 3 yrs for applicants under new rules, whereas, 2 years for applicants under old rules.

Add to that, case workers are not consistent in their understanding of 245CB.

[zabiela]

Given that the first grant and first extension is either 3+2 yrs (old rules) or 2+3 yrs(new rules), it doesn't seem fair, that the 2nd extension is 3 yrs for applicants under new rules, whereas, 2 years for applicants under old rules.

Add to that, case workers are not consistent in their understanding of 245CB. - Agreed

[akguptay2k]

Just for others info, I got 3 years of extension for my second Tier-1(G) extension application at PEO Solihull. So it is 3+2+3

[O_Relly]

Update: My friend who recently applied for his Tier 1 2nd extension (postal, application, his initial grant was before 6th April 2010) got his extension for 2 years.

He wrote to the case worker (via post to the Sheffied address) referring to 245CB and that he should have been awarded 3 years instead.

He got a response yesterday from caseworker that according to 245CB, it was correct that he was granted 2 years, as his last leave granted immaterial of whether it was post 6th April 2010, was indeed granted based on rules in place prior to 6th April 2010. (not the exact text, but in similar lines)

Update 2: My friend then wrote back to the case worker, stating that he had made this inference about 245CB, based on the experiences of people listed in this thread (and provided a reference to this thread) and also quoted experience of another friend who applied along the same timeline who was granted 3 years. After this the case worker wrote back to him to return the BRP's, which my friend did, and he has now received new BRP's with a grant of 3 years.

Again 3 cheers to this forum (Moderators, respected gurus and all other members who are providing help and advice) and to all the members who are sharing their personal experiences for the benefit of others.

Cheers!

[Saga]

- My initial visa - Before 6th April 2010

- I also got an extension of 3+3 years rather than 2 years (1 year more).

- Wrote to the case worker. He called back and said there should not be any problem with ILR as everyone is being granted 3 years.

So I have an extra year now to make up in case of any shortage of days, so no harm.

[lookforsumit]

Dear Friends,

Hope you are keeping well. I was just going through the forum and found that my Tier 1 second extension granted l was just for 2 years where as it should have been for 3 years .

I did sent an email to BRP Error team but did not receive any reply from them.

Can you please suggest what can be done . I would appreciate your response on same .


Regards
Sumit

[haiksuresh]

Hi.. My 2nd ext is granted only for 2 years. It will help if it is for 3 years ( I will get more time to apply for ILR in person)

Initial T1G visa - 09-Jun-2008 to 09-Jun-2011
1st ext (PEO) - valid until 09-Jun-2013
2nd ext (post) - valid until 19-Jun-2015

Can I argue for a year more? Or is this at the discretion of the case worker?

Thanks,
H

I applied last month and grated 2 years only. So i sent an letter to Brp Error and also to the case worker. And got 3 yrs now. but it took one more month to get my updated BRP.

Regards,
Suresh

[haiksuresh]

Dont send an email to brperror they wont respond quickly and not helpful. It happened in my case. I would suggest, send a letter to casewoker [you can find his address in Biometric invitaion letter] and include next day special delivery cover [if you want 2 to 3 days quick response]. Then case worker will respond and request you to send BRP cards, After that it will take 1 to 2 weeks to get your BRP via DX courier.

Regards,
Suresh

[lookforsumit]

Dear Suresh ,

I took PEO appointment Croydon office. Now because the biometric was done on the same day . I don't have the address where to send letter to the case worker.Can you suggest how to proceed.

Regards
Sumt

Dont send an email to brperror they wont respond quickly and not helpful. It happened in my case. I would suggest, send a letter to casewoker [you can find his address in Biometric invitaion letter] and include next day special delivery cover [if you want 2 to 3 days quick response]. Then case worker will respond and request you to send BRP cards, After that it will take 1 to 2 weeks to get your BRP via DX courier.

Regards,
Suresh

[iubus2005]

Can anyone please post the message / argument they wrote in their letter / email to case worker to change from 2 to 3 years? It seems they are very inconsistent. The second extension should be 3 years for everyone (given it is effectively the same visa / rights for everyone and the same High fee)

[VijayUK]

Dear Gurus and Friends,

Good Morning ! Please could you guide me on my case?

1. I entered UK in Jul 2010 with 2 years Tier1 Visa , valid till Jul 2012.
2. Then extended my Tier1 Visa for another 3 years , valid till Jun 2015
3. As of today I have totally spent 170 days out of UK
4. My Spouse entered UK on March 2013 and on and off in UK due to personal reasons. Spouse visa is also valid till Jun 2015.
5. As UKBA has announced that there will be no extensions after April 2015, should I go for extension in April 2015 or as I am eligible for ILR in Jul 2015 should I do that ?
6. What would be the case to my spouse ?
Kindly let me know

Regards
Vijay

[iubus2005]

[quote="iubus2005"]Can anyone please post the message / argument they wrote in their letter / email to case worker to change from 2 to 3 years? It seems they are very inconsistent. The second extension should be 3 years for everyone (given it is effectively the same visa / rights for everyone and the same High fee)[/quote]

Trying again for my query above. Can anyone please help? I will need to apply for an extension in the next few months, and want to make sure that the extension is for 3 years this time. Any help is very much appreciated.

[ashehzi]

Hi,

My first entry should have been 03 years but I was granted two years as application was submitted before 06Apr2010 but got after approved after rules changed. I didn't bother much at that time. When I applied for extension, The case worker himself gave me 03 years extension stating that since i was eligible for 03 years entry initially but was granted 02 years, he is extending my leave by 03 years instead of 02 years so that 02+03 could be counted as five years towards settlement.

If they gave you wrong entry/leave years, perhaps you can appeal.

[sheiky84]

Hello All,

Thanks everyone for your valuable advice and ur effort to knowledge everyone !!!!!!

I hav received my initial visa on Oct 2009, I did my first ext on Jan 2013 and received until Jan 2015 ...

so tat ...i too fall under 3+2 category ...I need one more ext to eligible for ILR as I had brk of more than 180 days well in 2010-2011...

So I started a fresh 5 yr time from april 2012...I would complete 5 yrs in april 2017..

If at all I get 3+2+ another 3 years ...All is well ...i could easliy go for ILR ...

but if fate ..am afraid If i receive 2years ... I would end up short of 1-2 months ...for my 5 years ...as I would go for my visa extension this Jan 2015 ..

So if get 3 yrs it would be ...till Jan/feb 2018 ...I can easily go for ILR after april 2017...where as

If get 2 yrs it would be ...till jan/feb 2017 ...and will not eligible for ILR as I would be short couple of months....

Please advice me on this ....IS it still under the rule SECTION 245C or whatever that I am entiltled to 3years ??? I mean I have heard there are some changes in July 1st 2014 ....So was wondering and worried ...

Please someone ..who is update ..can u advice me...AM i still entitled for 3Years or 2Years ..according the New Rules after July 1st or 2nd 2014 ???

[sheiky84]

Hello All,

Thanks everyone for your valuable advice and ur effort to knowledge everyone !!!!!!

I hav received my initial visa on Oct 2009, I did my first ext on Jan 2013 and received until Jan 2015 ...

so tat ...i too fall under 3+2 category ...I need one more ext to eligible for ILR as I had brk of more than 180 days well in 2010-2011...

So I started a fresh 5 yr time from april 2012...I would complete 5 yrs in april 2017..

If at all I get 3+2+ another 3 years ...All is well ...i could easliy go for ILR ...

but if fate ..am afraid If i receive 2years ... I would end up short of 1-2 months ...for my 5 years ...as I would go for my visa extension this Jan 2015 ..

So if get 3 yrs it would be ...till Jan/feb 2018 ...I can easily go for ILR after april 2017...where as

If get 2 yrs it would be ...till jan/feb 2017 ...and will not eligible for ILR as I would be short couple of months....

Please advice me on this ....IS it still under the rule SECTION 245C or whatever that I am entiltled to 3years ??? I mean I have heard there are some changes in July 1st 2014 ....So was wondering and worried ...

Please someone ..who is update ..can u advice me...AM i still entitled for 3Years or 2Years ..according the New Rules after July 1st or 2nd 2014 ???

[O_Relly]

You are entitled to 3 years as per 245CB.

[iubus2005]

Following for future reference