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Do i need an extension

Posted: Thu Jan 20, 2011 10:52 am
by dark_horse
Hi,

I entered UK on a work permit on 24-Apr-2006 and switched to a Tier 1 General on 8-Apr-2008.

Will i be able to apply for ILR without extending my visa. The relevant dates are give below

Work Permit issue Letter Date - 7 Apr 2006 (Validity 12 months frol leave to enter)

Entry Clearance issued 18 Apr 2006

Landed in UK 24 Apr 2006

Tier 1(General ) Issued 08 Apr 2008

Tier 1 Valid till 08 Apr 2011
(Before 5 year in UK but after the 5 years - 28 days)

Completing 5 years in UK 24 Apr 2011

28 days before completion of 5 years 28 Mar 2011


Thanks for your help

Re: Do i need an extension

Posted: Thu Jan 20, 2011 11:23 am
by xyz123
dark_horse wrote:Hi,

I entered UK on a work permit on 24-Apr-2006 and switched to a Tier 1 General on 8-Apr-2008.

Will i be able to apply for ILR without extending my visa. The relevant dates are give below

Work Permit issue Letter Date - 7 Apr 2006 (Validity 12 months frol leave to enter)

Entry Clearance issued 18 Apr 2006

Landed in UK 24 Apr 2006

Tier 1(General ) Issued 08 Apr 2008

Tier 1 Valid till 08 Apr 2011
(Before 5 year in UK but after the 5 years - 28 days)

Completing 5 years in UK 24 Apr 2011

28 days before completion of 5 years 28 Mar 2011


Thanks for your help
apply after 28 mar and before expiry of visa. no need for extension. if applying by post ensure that you complete the form correctly (especially payment section). tell you bank in advance re payment and send it by next day delivery (royal mail) or courier. keep all receipts for proof of sending application.

reason for giving advise is there have been cases here on forum wher people have applied before visa expiry but due to payment problems or not completing form completely application is returned by UKBA. this will take you past your visa expiry date and it gets more difficult/stressful.

Re: Do i need an extension

Posted: Fri Feb 04, 2011 9:27 am
by dark_horse
xyz123 wrote:
apply after 28 mar and before expiry of visa. no need for extension. if applying by post ensure that you complete the form correctly (especially payment section). tell you bank in advance re payment and send it by next day delivery (royal mail) or courier. keep all receipts for proof of sending application.

reason for giving advise is there have been cases here on forum wher people have applied before visa expiry but due to payment problems or not completing form completely application is returned by UKBA. this will take you past your visa expiry date and it gets more difficult/stressful.
Hi,

I just read the following on the UKBA Booking site in the FAQ.
https://ukbabooking.homeoffice.gov.uk/ukba/faq.html
---
You should apply to stay before your current permission to stay runs out. We encourage you to apply up to one month before your permission to stay runs out.

Application date by post
The date of postage is used as the date of application.
The date of an application made by post is decided by the postmark. The payment handling service attaches the original envelope with all postal applications. If the envelope in which the application was posted is missing, or if the postmark is illegible, the date of postage is taken as at least one day before its receipt. The day of receipt is normally the date when the payment handling service processed the fee. If there is any uncertainty, you will be given the benefit of the doubt.

Application date by courier
If you send your application by courier, the date it is received at the payment handling service is used as the date of application.
The payment handling service attaches the original envelope with all postal applications. The payment handling service includes the date of delivery for all applications by courier.

Application in person
If you apply in person, the date when you apply is the date when you go to the public enquiry office. You can find out more - including what to do before you arrive, the cost and what will happen on the day - in the section about applying in person at a public enquiry office.
For details of when you can make your application please see the Before you arrive section.

If you are applying for permanent residence, you will normally need to have been living in the United Kingdom for a specified length of time before you qualify. More information about the qualifying periods is available in the relevant sections of this website. You should not apply for permanent residence more than one month before the end of your qualifying period.

If your temporary permission to stay in the United Kingdom is due to expire before the end of your qualifying period for permanent residence, you will need to extend your visa before you apply for permanent residence.

Your appointment date must be before your current Leave to Remain expires.

------
From the bolded part one gets the impression that i will have to extend my Tier 1 one before going in for an ILR.

Senior members what do you advise?
Is there anyone here who has been in the same situation and did he/she have to extend the Tier 1/HSMP or got an ILR successfully?

Thanks

Re: Do i need an extension

Posted: Fri Feb 04, 2011 3:27 pm
by xyz123
dark_horse wrote:
xyz123 wrote:
apply after 28 mar and before expiry of visa. no need for extension. if applying by post ensure that you complete the form correctly (especially payment section). tell you bank in advance re payment and send it by next day delivery (royal mail) or courier. keep all receipts for proof of sending application.

reason for giving advise is there have been cases here on forum wher people have applied before visa expiry but due to payment problems or not completing form completely application is returned by UKBA. this will take you past your visa expiry date and it gets more difficult/stressful.
Hi,

I just read the following on the UKBA Booking site in the FAQ.
https://ukbabooking.homeoffice.gov.uk/ukba/faq.html
---
You should apply to stay before your current permission to stay runs out. We encourage you to apply up to one month before your permission to stay runs out.

Application date by post
The date of postage is used as the date of application.
The date of an application made by post is decided by the postmark. The payment handling service attaches the original envelope with all postal applications. If the envelope in which the application was posted is missing, or if the postmark is illegible, the date of postage is taken as at least one day before its receipt. The day of receipt is normally the date when the payment handling service processed the fee. If there is any uncertainty, you will be given the benefit of the doubt.

Application date by courier
If you send your application by courier, the date it is received at the payment handling service is used as the date of application.
The payment handling service attaches the original envelope with all postal applications. The payment handling service includes the date of delivery for all applications by courier.

Application in person
If you apply in person, the date when you apply is the date when you go to the public enquiry office. You can find out more - including what to do before you arrive, the cost and what will happen on the day - in the section about applying in person at a public enquiry office.
For details of when you can make your application please see the Before you arrive section.

If you are applying for permanent residence, you will normally need to have been living in the United Kingdom for a specified length of time before you qualify. More information about the qualifying periods is available in the relevant sections of this website. You should not apply for permanent residence more than one month before the end of your qualifying period.

If your temporary permission to stay in the United Kingdom is due to expire before the end of your qualifying period for permanent residence, you will need to extend your visa before you apply for permanent residence.

Your appointment date must be before your current Leave to Remain expires.

------
From the bolded part one gets the impression that i will have to extend my Tier 1 one before going in for an ILR.

Senior members what do you advise?
Is there anyone here who has been in the same situation and did he/she have to extend the Tier 1/HSMP or got an ILR successfully?

Thanks
Thats not relevant in a way. While technically you need another visa before current one exprires, as long as you apply before your current visa expires (either by post or in person) its ok. Its not your fault if UKBA takes 2 months to review your applicaiton.

however it gets complicated if for some reason original application is rejected (most commonly due to non payment by bank or incomplete form). so my advise would be to go in person if you can otherwise make sure you dont have any problems with form.

Re: Do i need an extension

Posted: Mon Feb 07, 2011 10:59 am
by dark_horse
Thanks xyz123. I am planning for a personal appointment at Croydon PEO.

Any member here who was in such a situation and was able to get a ILR? Just want to re-assure myself.

Thanks in advance