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Extension of 3 year confused

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amtbhatnagar
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Extension of 3 year confused

Post by amtbhatnagar » Thu Aug 29, 2013 7:10 am

Hello All ,

Initially I received Visa in 2008 for 3 years
First extension in Nov 2011 I received Visa for 2 years
Now on my second extension I have received it for 3 years till 2016 .
I thought I might get visa for 2 years this time anyone can suggest is it normal or any discrepancy is there

vinny
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Post by vinny » Thu Aug 29, 2013 7:41 am

It would help if you revealed your immigration category or posted in a specific forum or posted in a previous thread with more information.

Assuming it's Tier 1 (General), the period and conditions of grant are subject to 245CB.
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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amtbhatnagar
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Post by amtbhatnagar » Thu Aug 29, 2013 7:57 am

Thanks Vinny for Reply ,
I am under Tier1 General Catagory and My initial leave was approved in Nov 2008 .but below clause in UKBA site says it should be extended for 2 years which is fine in case of my 1st extension but in my second extension I have recieved for 3 years now any advise if will be really appreciated
---------------------------------------------
245CB. Period and conditions of grant

(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

(b) in all other cases, leave to remain will be granted for a period of 3 years.

vinny
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Post by vinny » Thu Aug 29, 2013 8:04 am

(a) is not applicable as your previous leave was granted in 2011 and not before 6 April 2010.

Therefore, (b) must be applicable.

Are you not happy?
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.

amtbhatnagar
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Post by amtbhatnagar » Thu Aug 29, 2013 8:10 am

:-) I am really happy Vinny thanks was just worried for no reason , thanks for clarifying my nonsense doubt :-)

params0073
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Post by params0073 » Thu Aug 29, 2013 9:17 am

yep don’t worry. I was under 3+2 years rule and got 2nd extension for 3 years (applied on 15 Aug 2013).

suneshkumar
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Post by suneshkumar » Thu Aug 29, 2013 12:39 pm

Hi Guys,

I am also in Tier 1 (G) with same situation (3+2) rule, but in the second extension I got it for 3 years.

Initial Grant: 15 Sep-2008 to 15 Sep 2011
1st Extension: 15 Sep 2011 to 15 Sep 2013
2nd Extension: 15 Sep 2013 to 15 Sep 2016

With the rule below:
245CB. Period and conditions of grant

(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

(b) in all other cases, leave to remain will be granted for a period of 3 years.
I think generally the rule (a) should apply as our our last grant has been given with rules in place before April 2010 (because I claimed 20 points for my age, where in which I can claim only 10 points if it had been the rules after April 2010). This is bit worrying because when applying for Settlement which rules we will be applied for us to calculate the Points either

--the rules in place before April 2010 (for example in this case I can claim 20 points for age)
or
--the rules in place after April 2010 (for example in this case I can claim 10 points for age)

Seniors advice/comments will help us...

Cheers
Sunesh

geriatrix
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Post by geriatrix » Thu Aug 29, 2013 1:08 pm

Leave "last granted" is not same as leave "first granted" when applying for 2nd extension.

Vinny has already provided the necessary explanation in this response above.

245CB is only meant for what it says - Period and grant of leave! Don't try and make inferences that it can be used to determine what points you will score of attributes. For that, read the policy guidance or read this topic.
Life isn't fair, but you can be!

hussainkothari
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Post by hussainkothari » Sat Aug 31, 2013 9:49 am

Hi.. My 2nd ext is granted only for 2 years. It will help if it is for 3 years ( I will get more time to apply for ILR in person)

Initial T1G visa - 09-Jun-2008 to 09-Jun-2011
1st ext (PEO) - valid until 09-Jun-2013
2nd ext (post) - valid until 19-Jun-2015

Can I argue for a year more? Or is this at the discretion of the case worker?

Thanks,
H

vinny
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Post by vinny » Sat Aug 31, 2013 12:10 pm

You should ask why the period of your extension was inconsistent with 245CB.
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.

hussainkothari
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Post by hussainkothari » Sun Sep 01, 2013 2:04 pm

Thanks vinny. My spouse BRP card is already with the UKBA due to incorrect date - http://www.immigrationboards.com/viewtopic.php?p=905729

I will write to the case worker again this week.

Any suggestions on the other thread about what I can do next? and how long shall i wait?

-H

hussainkothari
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Post by hussainkothari » Fri Sep 27, 2013 9:26 pm

Update: I then wrote to the case worker saying that 'the period of my visa extension has been inconsistent with section 245CB' (thanks to vinny).

The case worker acknowledge that there was an administrative error and asked me to submit my BRP cards again for correction.

Thanks everyone. Hope it helps.

gd_Shepherd
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Post by gd_Shepherd » Sat Sep 28, 2013 4:57 am

vinny wrote:(a) is not applicable as your previous leave was granted in 2011 and not before 6 April 2010.

Therefore, (b) must be applicable.

Are you not happy?
Hi Vinny,

I was under the impression that though the last grant was in 2011, it was granted based on rules before 06 April 2010. Therefore the period of new leave to remain should be 2 years and not 3 years.

If that were the cases, extending the logic to the points table, we should be assessing the attributes based on "all other applications" category.

Regards
Shepherd

kannit
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Post by kannit » Fri Oct 11, 2013 9:51 am

Hello,

I went to Croydon PEO for 2nd extension on Tuesday and got my BRP cards today with 2 years extension though I was expecting 3 years as per 245CB rule. My 1st extension was granted in Oct-2011 while initial was granted in Feb-2008.

As per conversation above I understand that I should reach out to HO for correction which I will. But can anybody point out how long it may take? I need to travel in Oct last week for family function and don't want to miss it.

Regards

hussainkothari
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Post by hussainkothari » Fri Oct 11, 2013 10:44 am

But can anybody point out how long it may take? I need to travel in Oct last week for family function and don't want to miss it.
Well in my case it took about a month. I would suggest you do this -

Write to the UKBA/caseworker about the problems in dates.
Let them acknowledge this mistake and ask you for the BRP cards.
Now send the cards at your convenience (after your trip)

-H

kannit
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Post by kannit » Fri Oct 11, 2013 10:55 am

hussainkothari wrote:
But can anybody point out how long it may take? I need to travel in Oct last week for family function and don't want to miss it.
Well in my case it took about a month. I would suggest you do this -

Write to the UKBA/caseworker about the problems in dates.
Let them acknowledge this mistake and ask you for the BRP cards.
Now send the cards at your convenience (after your trip)

-H
Thanks for your advise and prompt response. Will they agree to replace BRP card after 50 days of reporting the problem?

Secondly, I have sent them an email reporting this problem but it that sufficient or I should write a letter as well?

Regards

hussainkothari
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Post by hussainkothari » Fri Oct 11, 2013 1:01 pm

Will they agree to replace BRP card after 50 days of reporting the problem?
Ideally they should. They had asked me to send the BRP cards at "my earliest convenience". You can ask the question when you receive your reply.
Secondly, I have sent them an email reporting this problem but it that sufficient or I should write a letter as well?
Who have you sent the email to? I had first sent it to the BRPError team and then they asked me to send it to my case workers postal address. So I wrote a letter and they replied it to me over email.

-H

xs2ahmed
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Post by xs2ahmed » Fri Oct 11, 2013 2:19 pm

kannit wrote:Hello,

I went to Croydon PEO for 2nd extension on Tuesday and got my BRP cards today with 2 years extension though I was expecting 3 years as per 245CB rule. My 1st extension was granted in Oct-2011 while initial was granted in Feb-2008.

As per conversation above I understand that I should reach out to HO for correction which I will. But can anybody point out how long it may take? I need to travel in Oct last week for family function and don't want to miss it.

Regards
Were you given points from the old rules table of earnings or new ones ?

kannit
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Post by kannit » Fri Oct 11, 2013 2:37 pm

hussainkothari wrote: Who have you sent the email to? I had first sent it to the BRPError team and then they asked me to send it to my case workers postal address. So I wrote a letter and they replied it to me over email.

-H
I am glad I asked second question. I sent the email to BRPError team. Now I'll send letter to CW postal address - which I believe should be Croydon PEO again?

Thanks for your reply

Regards

kannit
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Post by kannit » Fri Oct 11, 2013 2:38 pm

xs2ahmed wrote:
Were you given points from the old rules table of earnings or new ones ?
Old rules table..

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