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Early Extensions: Tightening the noose

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Greenie
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Post by Greenie » Tue Jan 10, 2012 1:14 pm

nealsu wrote:Does anyone know if having spent time in the UK under the working holiday visa then switching to the tier 1 (general) when time comes for settlement can I claim the 6months i was residing in the UK under the working holiday visa to make up for the 5 year residence requirement for indefinite leave to remain?
no. 245CD c)

nealsu
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Post by nealsu » Tue Jan 10, 2012 3:46 pm

Greenie wrote: no. 245CD c)
Thanks for pointing that out. That is a bummer. Reading the bit that says indefinite leave to remain is only granted after spending 5 years continuously in the UK, does this mean you could never have left the country, say on holiday or for work/volunteer work, say for 2-3 months?.

QuickSam
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Post by QuickSam » Tue Jan 17, 2012 3:10 pm

The total period that you could be away from UK in the 5 yr period is 180 days and you cannot be outside UK for a continuous period of 3 months or 90 days whichever is shorter.

In case you've come late to UK, you would have to extend your visa 2-3 times till you complete the 5 yr continuous period in UK and the leaves cannot exceed the 3 month period at a single time.

Hope this helps.

nealsu
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Post by nealsu » Tue Jan 17, 2012 3:20 pm

QuickSam wrote:The total period that you could be away from UK in the 5 yr period is 180 days and you cannot be outside UK for a continuous period of 3 months or 90 days whichever is shorter.

In case you've come late to UK, you would have to extend your visa 2-3 times till you complete the 5 yr continuous period in UK and the leaves cannot exceed the 3 month period at a single time.

Hope this helps.
Yes that does help indeed! Thank you very much for this reply!

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longshift
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Post by longshift » Sun Jan 29, 2012 12:02 am

Is there any fresh applicants who applied for their extension at PEO more than 1 month before their visa expiry And have got their visa extended from the expiry date?
Last edited by longshift on Sun Jul 15, 2012 10:35 pm, edited 1 time in total.

jinfeng
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Looks like there is...

Post by jinfeng » Thu Feb 02, 2012 12:40 pm

longshift wrote:Is there any fresh applicants who applied for their extension more than 1 month before their visa expiry And have got their visa extended from the expiry date?
Take a look at page 13 of "Tier 1 (General) extension application processing timelines". The guy with the same day service got it extended 3 months before visa expiry, but then new visa is expiring exactly 2 years later.

Looks like he/she had some issues though, same day service but not getting his passport back on same day!! :O

QuickSam
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Post by QuickSam » Fri Feb 03, 2012 6:26 am

longshift wrote:Is there any fresh applicants who applied for their extension more than 1 month before their visa expiry And have got their visa extended from the expiry date?
Generally the visa extension start date is the decision date and not the original visa expiry date. This could be before or after the original visa expiry date based on when the application is sent to UKBA.

In your case, you applied three months in advance which would mean that you would definitely get the extension prior to your expiry date and hence that would mean that you would fall short of the 5 yr period for ILR. You can still go for ILR given that the shortage period is not more than 3 months.

arnie365
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Re: Early Extensions: Tightening the noose

Post by arnie365 » Fri Feb 03, 2012 2:55 pm

push wrote:See this
We encourage applications to be made at least a month before the applicant's
extant (still existing) leave expires. Applicants should note however that if the application is made significantly earlier than one month before the expiry of their leave, there is a risk of a shortfall in the required period of leave should they subsequently make an application for settlement. This is because any further leave to remain (for example Indefinite Leave to Remain or Settlement) is granted from the date that we make the decision, not the date the applicant's extant leave expires.
I will have continuous stay thru my Tier2(1yr) and Tier1(2+3 yrs) visas towards my ILR in 2015. Could I presume that I will have the luxury to apply about 2 months in advance before my first Tier1 expires as this will not lead to an overall shortfall?

nm
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Post by nm » Thu Feb 09, 2012 4:08 pm

intelinside wrote:Yes, I am thinking the same.

My extension is due in Dec this year (2011) so I am thinking to get the extension before Aprail 2011 but not sure if it is right thing to do.

One downside of doing early extension is the thing mentioned in the original post of meeting the 5 year requirement for settlement.

That is, if I apply for my extention by March 2011 (for example) instead of my actuall Dec 2011, and get a 2 year extension till March 2013. I will be short of 7 months for settlement and will need to re-apply for another extension to complete my 5 years.

However, If i go by my actual expiry date of Dec 2011 and get a 2 year extension till Dec 2013, I will still be short of 45 days !! from settlement as I came to UK after 45 days of getting the VISA and I am not sure if i will be required to re-apply in that case as well or not.

If I go by this ECB09 rule which states:

"Where an applicant may not intend or be able to travel to the UK immediately following their application: the ECO has discretion to defer the 'effective' date until the date of travel, or up to 3 months from the date of issue, whichever is shorter."

I may not need to re-apply if I am short of 45 days but I am stil in doubt :(

Anybody please help !
theroyale wrote:My Tier-1 expires Feb 2012. In the current uncertain climate would it make sense for me to apply for an extension before April 2011? (I don't care about the 'shortfall' towards ILR, I would just like a 2-year extension at this point). Are there others who are thinking about doing this?
Hi,

Have you applied for your visa extension earlier than your actual expiry.?

vlinus
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Post by vlinus » Sat Feb 18, 2012 10:53 am

I don't think they care too much if we apply before expiry date.

I applied 8 months before my current expiry date and got it extended from the date of expiry. That means my new visa is valid for 3 years and 8 months.

I believe it depends on the case worker you get .

nm
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Post by nm » Mon Feb 20, 2012 12:10 pm

vlinus wrote:I don't think they care too much if we apply before expiry date.

I applied 8 months before my current expiry date and got it extended from the date of expiry. That means my new visa is valid for 3 years and 8 months.

I believe it depends on the case worker you get .
Thats great relieve for me. Have you applied on the post.? and have you mentioned anything on the cover letter? Could you also share your covering letter here for us?

Somudro
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Post by Somudro » Mon Feb 20, 2012 1:11 pm

vlinus wrote:I don't think they care too much if we apply before expiry date.

I applied 8 months before my current expiry date and got it extended from the date of expiry. That means my new visa is valid for 3 years and 8 months.

I believe it depends on the case worker you get .

From the date of expire not from that date extention granted?

vlinus
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Post by vlinus » Mon Feb 20, 2012 11:32 pm

I went for peo appointment. So did not keep any covering letter.

raaji
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Post by raaji » Mon Feb 20, 2012 11:34 pm

is it possible 8 months early extension

raaji
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Post by raaji » Mon Feb 20, 2012 11:37 pm

i also planned to do early extension
my extension is jan 2013,but rules r changing so i try to apply may or june
but for ILR 8MONTHS WILL SHORT WHT WE CAN DO

Samie
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ILR

Post by Samie » Wed Feb 22, 2012 5:36 pm

Hi,

I came after 3.5 months of receiving the HSMP Visa.
My timelines are given below:

Visa Stamped (HSMP): OCT 2007
Arrived in UK: Jan 2008
1ST Extension (Tier1) : OCT 2009
2nd ext: due in: OCT 2012

Can i apply for ILR in Oct 2012 as my arrival date in uk is after 3.5 months of visa stamping?
Please Advice.

ashdaone1
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Post by ashdaone1 » Thu Feb 23, 2012 4:35 pm

mtuckersa wrote:from what i have seen, it appears if you go over 5-6 months you get stamped from date of application, less than 5 months it appears you will get from date of expiry of visa.

The 3-5 month area is somewhat grey and I suppose at the caseworkers discretion.
I have been scouring the following thread for extension timelines and I seem to agree with you.

http://www.immigrationboards.com/viewtopic.php?t=60577

I am planning to apply 3 months in advance. Considering that the current timelines for receiving your documents is anywhere between 2-3 months, is this advisable or would be better to wait till the last month to apply?

The problem is that my visa expires in June and I plan to travel in June. So I need to apply a little in advance anyway. But how advance is"significant", I dont know !

ashdaone1
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Re: ILR

Post by ashdaone1 » Thu Feb 23, 2012 4:39 pm

Samie wrote:Hi,

I came after 3.5 months of receiving the HSMP Visa.
My timelines are given below:

Visa Stamped (HSMP): OCT 2007
Arrived in UK: Jan 2008
1ST Extension (Tier1) : OCT 2009
2nd ext: due in: OCT 2012

Can i apply for ILR in Oct 2012 as my arrival date in uk is after 3.5 months of visa stamping?
Please Advice.
Samie - this is what UKBA policy states:


"Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave
expires. Caseworkers may count the period between entry clearance being granted and the
date the applicant entered the UK towards the five years, provided this period was not
longer than three months."

refer:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am afraid the additional 0.5 month might cost you another extension.

A work around may be to apply quite close to your visa expiry. they take at least 2 months to stamp your visa. Will that be counted towards your continuois stay, I am not too sure. But that seems the only plausible work around, IF any !

arsenalsri
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Post by arsenalsri » Fri May 04, 2012 7:47 am

I will be short by 117 days for my ILR. I wish I had known this when I first came to UK, I might have come in a month earlier and probably saved on 3000£ in fees for an additional extension. I am thinking of now aplying for an earlier extension at least 6 months before my expiry date. I don't care whether the new extension is issued from the date of my vis aexpiry or the date of issue. I only need it to cover teh short fall of 117 days after which I can go fo ILR.

Palmist
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Post by Palmist » Sun Jun 17, 2012 7:57 pm

I applied by post in April. My Visa was expiring on 3 November 2012 and the new Visa is valid till 03 November 2014.

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