Tier 1 General Less duration ! Please Help !

I has leave to remain as a Tier 1 General migrant granted by Sheffield PEO on 4th March 2013 and due to expire on 4th March 2015 . I am considering whether and when I will be eligible for settlement next year, and I have been granted the wrong period of leave .

The background is that myself previously held leave as a Student and then under Post Study Work. On 1st April 2010 I made a successful application to switch in country into Tier 1 General, and was granted leave to 1st April 2013. I requested an appointment at Sheffield PEO for extension application on 5th, 6th or 7th March 2013 and I was given a time on 4th March 2013, i.e. exactly 28 days before the expiry of my leave.

I had always understood that so long as an extension application is made no more than 28 days before the expiry date, the PEO will grant a period of leave taking the expiry date as the starting point. The UKBA website at the time said: “We encourage you to apply one month before your leave runsout.” (see http://webarchive.nationalarchives.gov. ... owtoapply/ ).

I can’t find anything to that effect in the Rules. It is an important practical point for the Premium Service, as it is not always possible to book an appointment on a precise date even under the new booking system. It also avoids applicants having to make a second extension simply to reach the five year point in most cases – I realise that situation does occur sometimes when applicants apply to early, but given the dates in my case it should not apply to me.

I applied 28 days early so should have been granted leave until 1st April 2015, which would have given me a total of five years leave to remain under Tier 1 General. Instead I was granted leave until 4th March 2015, which is a total of four years eleven months leave to remain. Please could you let me know whether am I eligible for ILR or I have to go for another extension .

Its really frustrating me please any one advice me on this ASAP .

Many Thanks

SK

Unfortunately, 245CB(a) was different from current rule.

However, you may still apply for ILR on 4th March 2015.

If you apply earlier in-person and they refuse for being too early, then ask them to accept your application and put it on hold until you qualify.

Bear in mind that there's no right of appeal, if you apply after you leave expires.

Hi Vinny ,

Is it not Home office mistake in my case ?? because my friend applied 1 month before me and for him they gave him right dates , even he applied 28 days before his visa expiry . The end date of current visa matches to the initial start date which completes him 5 years altogether .

If I apply on the last date of my visa expiry as you said in your earlier email , will HO not say that you have visa only for 4 years 11 Months and as per the rule we need to have 5 years stay to apply for ILR .

Please suggest me how to proceed on this and at the same time it should not effect my ILR application .

Many Thanks in advance .

Sk