Admin Review - Tier 2 General

[anub2016]

I had applied for a 5 year Tier 2 General visa but have been granted for a duration 8 days shorter than 5 years.

I am planning to apply for an Administrative Review to see if that would help in getting the number of leaves corrected.

Please advise if the leaves can be reduced further in an Admin Review for my case or any other adverse outcome.

[CR001]

What are the dates on your CoS?

What is the visa start date and end date?

Why would you want to launch an AR for just 8 days?

[anub2016]

The original Start and End Dates on my CoS were '1 March 2016' to '28 Feb 2021'. However, since I was unable to apply before '1 March 2016', my employer put a Sponsor Note in the CoS stating that the Individual's Start Date will be '14 March 2016' and the subsequent End Date will be '13 March 2021'.

I applied on '3 March 2016' and my visa was granted valid from '8 March 2016' to '27 Feb 2021' which is 8 days less than the full five year period.

My concern is pertaining to the ILR eligibility after 5 years. In case the rules change by that time and require an applicant to have a full five year leave, I would have to go for an extension to apply for the ILR.

I believe, per the current rules, I would be eligible 28 days prior to the 5th anniversary of the day it was stamped (8 March 2016) since I traveled to the UK on '12 March 2016'.

Please advise if the Admin Review is a risky affair.

[CR001]

You will be fine for ILR. You don't need a visa right up to the date of 5 years residence as it stands now and yes, you can apply within 28 days of reaching 5 years residence.

Your visa has been issued in line with the CoS.

My opinion is that you will be wasting time for Admin Review when there doesn't appear to be an issue.

[Frontier Mole]

I think you will find you can't actually have an AR.
AR is only available for refusal of leave, which does not apply to you.

[anub2016]

Does the 28 day rule for ILR apply to both Post and PEO?

I had read somewhere that Post extends your leave per Section 3C but if it is a PEO appointment, then one must have completed 5 years before applying because the section 3C of Immigration Act doesn't apply for same day PEO service.

Please advise.

[CR001]

Does the 28 day rule for ILR apply to both Post and PEO? Yes

I had read somewhere that Post extends your leave per Section 3C but if it is a PEO appointment, then one must have completed 5 years before applying because the section 3C of Immigration Act doesn't apply for same day PEO service. Yes, postal application does extend your visa conditions. But PEO is quicker you can apply within 28 days of reaching 5 years residence, even if your visa expires a couple of days before hitting full 5 years residence.

Please advise.

[anub2016]

Hi CR001, you mentioned in this thread that my visa has been issued in line with the CoS. However, per the visa guidance I have read, the visa should have been granted for the length of engagement on the CoS which is 5 years plus 1month. Also, the Sponsor note on my CoS clearly mentioned that the Start Date will be 14 Mar 2016 and End Date will be 13 March 2021. But neither of these two was considered and visa was granted for less than 5 years.

Can you please clarify what parameters are considered while issuing the visa and what might have happened in my case?

Thanks in advance.