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Tier 1 Dependent extension given only for 2 years

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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abhishek7749
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Tier 1 Dependent extension given only for 2 years

Post by abhishek7749 » Wed Nov 29, 2017 10:06 pm

Hello,

This week I received the BRP of my wife.She is on Tier 1 G dependent visa. This was her first extension. I was hoping for an extension of 3 years extension but was given only 2 years of extension.We paid 600 GBP as health sur charge assuming for 3 years.
Also the new BRP is valid from 23 November while the last visa expired on 21 Oct. The application for the extension was made on 4th October from inside UK.
1. Now will the period between 21 Oct-23 Nov be considered illegal? Will that be an issue during ILR?
2. Is there any possibility for the Home Office to reconsider the length of extension given.

Thanks for the guidance.

vinny
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Re: Tier 1 Dependent extension given only for 2 years

Post by vinny » Wed Nov 29, 2017 11:17 pm

If you have ILR, then they should have granted 3 years under 319D(a).

5. Report a problem with your new BRP.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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abhishek7749
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Posts: 39
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Re: Tier 1 Dependent extension given only for 2 years

Post by abhishek7749 » Thu Nov 30, 2017 7:58 am

Thanks. I will apply for administrative review as per the link sent. I will also mention the applicability of rule 319D. This clearly states that the extension should be for 3 years.

However, Will she be considered overstaying since her visa expired on 21 Oct and the extension was given from 23 November. Even though we made an application on 4 October.

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CR001
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Re: Tier 1 Dependent extension given only for 2 years

Post by CR001 » Thu Nov 30, 2017 9:00 am

abhishek7749 wrote:
Thu Nov 30, 2017 7:58 am
However, Will she be considered overstaying since her visa expired on 21 Oct and the extension was given from 23 November. Even though we made an application on 4 October.
No it will not.
Char (CR001 not Casa)
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vinny
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Re: Tier 1 Dependent extension given only for 2 years

Post by vinny » Thu Nov 30, 2017 9:07 am

She made a valid application prior to expiry of leave. Section 3C covered her. She wasn’t an overstayer.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

abhishek7749
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Posts: 39
Joined: Mon Oct 27, 2014 2:56 pm

Re: Tier 1 Dependent extension given only for 2 years

Post by abhishek7749 » Thu Nov 30, 2017 9:27 am

Thanks!.

abhishek7749
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Posts: 39
Joined: Mon Oct 27, 2014 2:56 pm

Re: Tier 1 Dependent extension given only for 2 years

Post by abhishek7749 » Fri Dec 01, 2017 7:26 pm

I have now applied for Administrative review using the email id given in the website.
The instruction just says to mention the particulars of the applicant in the AR application.
Do I need to do just that.
I am confused if I should be sending some docs as well at this stage.

Also they say that they will give the result in 28 days. What is usual timeline for the decision?
Please advise.

Kind Regards,

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