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Early Extensions: Tightening the noose

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Early Extensions: Tightening the noose

Post by push » Wed Dec 15, 2010 11:43 pm

See this
45. 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.
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push
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gregshukla
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Re: Early Extensions: Tightening the noose

Post by gregshukla » Thu Dec 16, 2010 2:03 am

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.
JUst mirrors what applicants are experiencing anyway (that further leave is from date of stamping and not date of current leave expiring).

Its good that they have made this explicitly clear now.

Purvi
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Post by Purvi » Fri Dec 17, 2010 9:53 am

So does that mean that if I get my Tier 1 in January 2010 but I go to UK in April 2010, I would have lost 3 months of residence in UK. That is - If I go in April 2010 and after 2 years i.e. in January 2013 I apply for renewal, I get a 3 year extension. But eventually, after 3 years if i apply for indefinite leave, I would have only completed 4 years and 9 months in UK and would not be eligible to apply!

Your opinion pls.

vinny
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Post by vinny » Fri Dec 17, 2010 10:08 am

Purvi wrote:So does that mean that if I get my Tier 1 in January 2010 but I go to UK in April 2010, I would have lost 3 months of residence in UK.
That has always been the case. Your residence in the UK cannot start before you enter the UK.

However, see also ECB9.5 What if applicant is not intending to travel straight away to the UK.
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.

Purvi
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Post by Purvi » Fri Dec 17, 2010 10:17 am

In such a case, what do you do at the end of 5 years of visa (and 4 years 9 months of your stay in UK)?

How do you apply for Indefinite leave? Is there a solution?

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Post by vinny » Fri Dec 17, 2010 10:23 am

Currently, you may apply for an extension if you're not eligible for settlement.
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.

sojan
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Post by sojan » Sat Dec 18, 2010 8:45 pm

I think its good they made it clear.. So no confusion now.
People who extended before are lucky.

[iD]
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Post by [iD] » Thu Dec 30, 2010 3:07 am

I applied early and got the new visa expiring 3 years after the expiry of the previous one... So in my case it didn't start from the date they took the decision. Guess me and people before me were lucky
Goodluck.

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Post by MICKS » Fri Dec 31, 2010 8:48 pm

[iD] wrote:I applied early and got the new visa expiring 3 years after the expiry of the previous one... So in my case it didn't start from the date they took the decision. Guess me and people before me were lucky
Can you please let us know how early you applied ?

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Post by push » Fri Dec 31, 2010 9:45 pm

MICKS wrote:
[iD] wrote:I applied early and got the new visa expiring 3 years after the expiry of the previous one... So in my case it didn't start from the date they took the decision. Guess me and people before me were lucky
Can you please let us know how early you applied ?
His extension was due in May 2010 but I suppose he applied for an extension towards the end of Feb 2010. A lot has changed since then.
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HSAG1D
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Re: Early Extensions: Tightening the noose

Post by HSAG1D » Wed Jan 12, 2011 11:46 am

I think it is still very ambigous. It may mean both of the following:

1. even if application date - expiry date < 30 days, the new visa will start from the expiry date
2. even if application date - expiry date < 30 days, the new visa will start from the application date

so my question: if someone applies 29 days before their visa expires, as it is recommended, might there be a risk of becoming short for ILR?

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.

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Post by theroyale » Fri Jan 14, 2011 12:22 pm

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?

theroyale
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Post by theroyale » Fri Jan 14, 2011 12:32 pm

Guys, I don't understand though, looking at the timelines and extension dates on this: http://immigrationboards.com/viewtopic.php?t=60577 thread what is said above regarding early extensions does not seem to be true. People on that thread who have applied 4-5 months before their expiry date have still got their extensions for 2 years from the date of expiry (and not from the date of application)

intelinside
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Post by intelinside » Sun Jan 16, 2011 10:20 pm

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?

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Post by mtuckersa » Tue Jan 18, 2011 12:49 pm

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.

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Anybody applied 2-3 months early for an extension recently?

Post by HSAG1D » Tue Jan 18, 2011 6:40 pm

Hi,

Is there anybody who applied 2-3 months before their visa expiry date and issued a visa from the date of their initial visa's expiry recently?

platea1
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IDR shortfall - must be widespread

Post by platea1 » Sun Jan 23, 2011 12:28 pm

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.
I'm in the same situation (as I would think are many people). My original Tier 1 (General) visa was granted on Feb 03 2009 and expires Feb 03 2012. In the best scenario the 2 year extension would be given until Feb 03 2014. However, since I only arrived in the UK on March 14 2009 I will not have been here for a full 5 years when the time comes to apply for ILR. It would seem that I would have to extend my Tier 1 (General) visa a second time under any scenario. Don't most people wait a few weeks between getting their first visa and moving to the UK? This ILR shortfall must be widespread then. Either there's something I'm missing or it all seems very crazy indeed. Most grateful if anyone can enlighten me.
Last edited by platea1 on Sun Jan 23, 2011 1:46 pm, edited 1 time in total.

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Post by push » Sun Jan 23, 2011 1:21 pm

intelinside wrote: 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?
That relates to post dating of Entry Clearance and not to qualifying period for the ILR.
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push
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platea1
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Re: IDR shortfall - must be widespread

Post by platea1 » Mon Jan 24, 2011 11:07 am

platea1 wrote:
I'm in the same situation (as I would think are many people). My original Tier 1 (General) visa was granted on Feb 03 2009 and expires Feb 03 2012. In the best scenario the 2 year extension would be given until Feb 03 2014. However, since I only arrived in the UK on March 14 2009 I will not have been here for a full 5 years when the time comes to apply for ILR. It would seem that I would have to extend my Tier 1 (General) visa a second time under any scenario. Don't most people wait a few weeks between getting their first visa and moving to the UK? This ILR shortfall must be widespread then. Either there's something I'm missing or it all seems very crazy indeed. Most grateful if anyone can enlighten me.
Seems that my question has already been discussed here

http://www.immigrationboards.com/viewto ... ht=#446113

I'll say it again then, crazy!

intelinside
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Post by intelinside » Mon Jan 24, 2011 11:50 am

push wrote:
intelinside wrote: 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?
That relates to post dating of Entry Clearance and not to qualifying period for the ILR.
Yes, I thought of this after posting. However, I checked the SET(O) guidance notes, point number 5 which states:
5 WHEN TO APPLY
You and any dependants applying with you should apply before the end of your/their permitted stay in the UK.

There is a qualifying period to complete in most of the categories on this form. It runs either from:

- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
- the date on which you were first granted permission to remain in the UK in the relevant category.

If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.

Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application may be refused. If that happens, we will not refund the fee and you will have to pay again when reapplying.

The qualifying periods are as follows:

5 years In the work permit holder, employment not requiring a work permit, businessperson, innovator, investor, self-employed lawyer, writer, composer or artist, UK ancestry, Tier 1 and Tier 2 categories or routes. 5 years or 4 years in the highly skilled migrant category.

The 4-year qualifying period applies only to applications made under the terms of the HSMP indefinite leave to remain judicial review policy document. Those terms apply only if you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006. All other highly skilled migrant applications are subject to the 5-year period.
Here the 'several weeks' is an ambiguous statement. It should be in definite terms to remove any ambiguity.
Last edited by intelinside on Wed Feb 02, 2011 4:19 pm, edited 1 time in total.

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