ILR Advice

muditmalhotra wrote:

argus7 wrote: I still feel that you are short by 4 days. Consult a professional lawyer and take his suggestion.

even after i confirmed from UKBA on phone ?

I can smell it should be very much okay as long as you meeting 5 years when the decision is made on ILR application. So, if you apply ILR near to the expiry visa date, then It is highly unlikely that you will miss this. Instead 28 days rule, submit by post 10 days before the expiry date.

Hope you hear soonest good news from UKBA in written

Cheers!

UpToDate wrote: I can smell it should be very much okay as long as you meeting 5 years when the decision is made on ILR application. So, if you apply ILR near to the expiry visa date, then It is highly unlikely that you will miss this. Instead 28 days rule, submit by post 10 days before the expiry date.

Hope you hear soonest good news from UKBA in written

Cheers!

I hope so mate !

Thanks !

Did you hear any good news from UKBA?
update here if to help others soonest you have any information.

No reply yet !

Will update this thread for sure

any update or information ?? one of my friend is in the same boat....he is worried as much as others with the same reason

Still waiting forthwir reply !!

Got the following when a friend called UKBA, The response he got on phone.

You can only apply 28 days prior from visa expiry provided the visa validity covers the five year period (post extension)

It should be 28 days from the residency requirement of 5 years [if came under 90 days then 28 from visa start stamp, if came after 90 days then 28 days from landing date] .

it now depends on whether the OP will go for ILR or renew for another extension. His call and risk.

argus7 wrote:Got the following when a friend called UKBA, The response he got on phone.

You can only apply 28 days prior from visa expiry provided the visa validity covers the five year period (post extension)

Can you please ask for the number on which your friend called on, coz this is opposite to what i asked..
i will call again !

thanks

muditmalhotra wrote:

argus7 wrote:Got the following when a friend called UKBA, The response he got on phone.

You can only apply 28 days prior from visa expiry provided the visa validity covers the five year period (post extension)

Can you please ask for the number on which your friend called on, coz this is opposite to what i asked..
i will call again !

thanks

---------------------------------------

Any Update or further information on this??

Hi muditmalhotra

any update on this or further information if you have??

UpToDate wrote:

muditmalhotra wrote:

argus7 wrote:Got the following when a friend called UKBA, The response he got on phone.

You can only apply 28 days prior from visa expiry provided the visa validity covers the five year period (post extension)

Can you please ask for the number on which your friend called on, coz this is opposite to what i asked..
i will call again !

thanks

---------------------------------------

Any Update or further information on this??

NO

dunno how to get correct info out !

Finally received a reply -- which seems pretty useless -- have a look


"Dear Mr Malhotra

I response to your query regarding your leave to remain in the United Kingdom as a Tier 1 General Migrant.

I have checked your current leave to remain dates for yourself and your spouse and they are correct.
Renewals are made from the date they are worked on by the caseworker, in your case, 16 April 2013. You will need to read our guidance regarding ILR when you are nearer to the time of making your next application.
You will need to follow the ILR guidance, available on our website, at the time of making your application next year. I hope this helps."

This sounds so ridiculous that I made no mistake in my process why should I be penalized for something I was not wrong at !

Agreed, You should have checked your visa expiry. and should have been exactly 5 yrs. It happened to a someone I know, and he got the BRP changed straight away

Go for an extension? When Are you due for ILR.

argus7 wrote:Agreed, You should have checked your visa expiry. and should have been exactly 5 yrs. It happened to a someone I know, and he got the BRP changed straight away

Go for an extension? When Are you due for ILR.

ILR is due mar/apr 2015

but extension would cost 1600 for myelf and i m not sure then if i need it for my wife :-s

Your visa has to be valid for total 5 yrs including extension either 3+2 or 2+3

e.g 9 March 2009 - 9 March 2014


Its a safe to pay the money and get another extension as no Tier 1(G) extensions are from 6th April 2015

argus7 wrote:Your visa has to be valid for total 5 yrs including extension either 3+2 or 2+3

e.g 9 March 2009 - 9 March 2014


Its a safe to pay the money and get another extension as no Tier 1(G) extensions are from 6th April 2015

Thats true !

and u reckon i need to get it extended for my wife as well ?

she came to uk on 25 november 2011 and has completed fer 2 years stay already

argus7 wrote:Your visa has to be valid for total 5 yrs including extension either 3+2 or 2+3

e.g 9 March 2009 - 9 March 2014


Its a safe to pay the money and get another extension as no Tier 1(G) extensions are from 6th April 2015

But I dont still understand why should I pay for an extra renewal when I took care of all the dates from the day one ? ..

hi
i am in the same situation and short of 16 days from 5 years .
but sure that we can apply as for ILR
just apply after 4 years 11 months and 2 days it will be ok.
i am confused about year 5 thing but its nothing on the form
it will be ok

Mudit I am almost certain you dont need another extension. I have read previous experience of folks here who were in a similar situation, and have been adviced by moderators to do a postal application for extension and then vary it to a SET(O) or something like that.

Just wait until you get a response from the likes of Amber etc....or just do a bit more digging and am sure you will find such threads.

And...in your case it is quite straightforward, am sure if you keep a cover letter explaining that the 5 days short was not your error, then that would be understood.

Its ridiculous that you should go for an extension for no fault of yours. Only point being you could have corrected it during your previous extension.

Dont worry mate, this is no biggie, can be sorted out.
Cheers

I am in the same situation with 1 week shortfall
The problem is some PEO (Solihull in my case) started to extend the tier1 visa starting from acceptance date , not expiry date from around mid last year.
So if someone extended their visa via these PEOs, there will be a shortfall.
This is no fault of ours - in fact we paid extra to go to the PEO and ended up with a shortfall vs postal.

Has anyone got a reasonable reply from the UKBA ? I am thinking of writing to the PEO

Thanks o_Relly !

O_Relly wrote: do a postal application for extension and then vary it to a SET(O) or something like that.

can you please tell me what is this vary to a set(o) means ?

This is what I got from a professional Lawyer.

Many thanks for sending these across. This may not be a huge issue. Can I ask when you applied for the extension visa. Did you do it significantly before the expiry of your initial visa expiring? If so it may not be possible to apply for ILR as the Home Office guidance does not recommend you applying significantly before your current visa expires.

However, if you did not do this, which is more than possible you may not have a huge issue. There was a period a little while back that the UKBA were issuing Tier 1 extensions from the date of decision rather than the date of expiry. Due to the impact this had on many of our clients, who found themselves in the same position as you, we chased this with the UKBA. The specific client I asked on behalf of was short by about a month of the five years required. The exact wording I received from the UKBA regarding her case was as follows:

In the case of Ms ***** she would have a shortfall of approximately one month due to the overlapping of the initial leave and the extension of leave. However I have confirmed with our ILR team that this would be considered acceptable as the shortfall would be due to our case working procedures rather than any failure on the part of the individual.

Ms ****** should therefore apply for ILR at the appropriate time shortly before her leave is due to expire.

I would check with the UKBA this information is still correct nearer the time you are planning to apply, but based on the above it appears possible you are not going to have any issues moving forward.

zahmed05 wrote:This is what I got from a professional Lawyer.

Many thanks for sending these across. This may not be a huge issue. Can I ask when you applied for the extension visa. Did you do it significantly before the expiry of your initial visa expiring? If so it may not be possible to apply for ILR as the Home Office guidance does not recommend you applying significantly before your current visa expires.

However, if you did not do this, which is more than possible you may not have a huge issue. There was a period a little while back that the UKBA were issuing Tier 1 extensions from the date of decision rather than the date of expiry. Due to the impact this had on many of our clients, who found themselves in the same position as you, we chased this with the UKBA. The specific client I asked on behalf of was short by about a month of the five years required. The exact wording I received from the UKBA regarding her case was as follows:

In the case of Ms ***** she would have a shortfall of approximately one month due to the overlapping of the initial leave and the extension of leave. However I have confirmed with our ILR team that this would be considered acceptable as the shortfall would be due to our case working procedures rather than any failure on the part of the individual.

Ms ****** should therefore apply for ILR at the appropriate time shortly before her leave is due to expire.

I would check with the UKBA this information is still correct nearer the time you are planning to apply, but based on the above it appears possible you are not going to have any issues moving forward.

This sounds convincing.

Thanks for sharing !!