Period of leave for Extension under Transitional Arrangement

Hi,

My question is regarding period of leave if you apply under transitional arrangements. I got 5 year visa under Work Permit on 3-April-2006 and arrived in UK on 8-July-2006. Therefore I had to apply for extension under transitional arrangements A before I could apply for ILR. I was wondering how long the leave will be?

- Will it be until 8-July-2011 or 03-Apr-2013?
- and if it is until 03-Apr-2013 when can I apply for ILR?

Thanks

umb wrote:I got 5 year visa under Work Permit on 3-April-2006 and arrived in UK on 8-July-2006. Therefore I had to apply for extension under transitional arrangements A before I could apply for ILR.

According to UKBA, you cannot apply for Tier 2 leave under transitional arrangements. If you have done so, your application may be refused.

Transitional arrangements A wrote:If you have been in the UK in an eligible category for five years or more and you want to extend your stay, you must meet the full requirements for scoring points under Tier 2 (General).

So, the question is whether you provided evidence(s) in support of the points you have claimed (as is required from a new applicant) or did you exclude such documentary evidence(s) as is allowed for applicants applying under the transitional arrangements? If the latter, then chances of application being approved depends on how careless / ignorant the caseworker assigned to your application is.

Was your WP issued for intra-company transfer (i.e.- are you a WP(ICT) migrant? If you aren't sure, check with your employer.

sushdmehta wrote:

umb wrote:I got 5 year visa under Work Permit on 3-April-2006 and arrived in UK on 8-July-2006. Therefore I had to apply for extension under transitional arrangements A before I could apply for ILR.

According to UKBA, you cannot apply for Tier 2 leave under transitional arrangements. If you have done so, your application may be refused.

Transitional arrangements A wrote:If you have been in the UK in an eligible category for five years or more and you want to extend your stay, you must meet the full requirements for scoring points under Tier 2 (General).

So, the question is whether you provided evidence(s) in support of the points you have claimed (as is required from a new applicant) or did you exclude such documentary evidence(s) as is allowed for applicants applying under the transitional arrangements? If the latter, then chances of application being approved depends on how careless / ignorant the caseworker assigned to your application is.

Was your WP issued for intra-company transfer (i.e.- are you a WP(ICT) migrant? If you aren't sure, check with your employer.

I applied under Transitional arrangements and I haven't completed five years as visa was issued on 3-Apr-2006 and I arrived on 8-July-2006. so my current visa expired on 03-Apr-2011. I'm short of 3 months and 5 days in completing 5 years in UK. so I had to go for extension to complete 5 years in UK and I did not submit any documents apart from passports with the application and COS number from employer.

My WP was normal 5 year work permit.

Since you have been granted 5 years leave on WP is the reason that you cannot apply for extension (at the end of that 5 years period) under transitional arrangements. To extend your permission to stay beyond the 5 years, UKBA states that such applicants should switch to Tier 2 category ..but must apply as new applicants (and not as applicants using transitional arrangements to extend their stay).

That you arrived in the UK after 3 months of the leave being issued is a personal matter ... and, AIUI, entering UK later than 3 months doesn't make you eligible to use transitional arrangements.

sushdmehta wrote:Since you have been granted 5 years leave on WP is the reason that you cannot apply for extension under transitional arrangements. To extend your permission to stay beyond the 5 years, UKBA states that such applicants should switch to Tier 2 category ..but must apply as new applicants (and not as applicants using transitional arrangements to extend their stay).

That you arrived in the UK after 3 months of the leave being issued is a personal matter ... and, AIUI, entering UK later than 3 months doesn't make you eligible to use transitional arrangements.

But I have not completed 5 years in UK. 5 years will be completing on 8-July-2011. so if Transitional arrangements don't apply to my case? And with the WP category being closed should I have gone for Tier 2 General application? where as I need only 3 months leave to take my stay to 5 years. and that is what Transitional Arrangementssay

You can apply to extend your stay until you have been in the UK in an eligible category for a total of five years

I do hope that your application is successful, though as I said before, as per my understanding, it may not be.

For period of grant, please see 245HE.

sushdmehta wrote:I do hope that your application is successful, though as I said before, as per my understanding, it may not be.

For period of grant, please see 245HE.

I hope the same as well. I'll post an update once I get any response from UKBA. But assuming I made the right application what will be the period of grant?

If you have been in the UK in an eligible category for five years or more and you want to extend your stay, you must meet the full requirements for scoring points under Tier 2 (General).

The rule could not be more clearer. You certainly qualify under Transitional Arrangements A because you HAVE NOT BEEN IN THE UK for 5 years or more. The rule above does not talk of previous period of leave, but the period you have been here.

Just an update on the issue. I got extension for my application and the leave to remain is valid for 2 years from previous date of expiry. The timings of application can be found here

So just for the benefit of others who might be in the same situation if anyone is on old work permit and wish to extend there stay they can use the Transitional Arrangements A, provided they are working for the same employer, doing the same job and haven't spend five years here in UK.

Thanks

umb wrote:

sushdmehta wrote:

umb wrote:I got 5 year visa under Work Permit on 3-April-2006 and arrived in UK on 8-July-2006. Therefore I had to apply for extension under transitional arrangements A before I could apply for ILR.

According to UKBA, you cannot apply for Tier 2 leave under transitional arrangements. If you have done so, your application may be refused.

Transitional arrangements A wrote:If you have been in the UK in an eligible category for five years or more and you want to extend your stay, you must meet the full requirements for scoring points under Tier 2 (General).

So, the question is whether you provided evidence(s) in support of the points you have claimed (as is required from a new applicant) or did you exclude such documentary evidence(s) as is allowed for applicants applying under the transitional arrangements? If the latter, then chances of application being approved depends on how careless / ignorant the caseworker assigned to your application is.




Hi Sushdmehta

I could not find the quote "If you have been in the UK in an eligible category for five years or more and you want to extend your stay, you must meet the full requirements for scoring points under Tier 2 (General)"

in UKBA website.

Has it been removed? Can you please help me?