Tier 1 General - Extension - ILR Confusion

saqib389 · Post by **saqib389** » Fri May 04, 2012 5:00 pm

Hi Guys,

I need to ask one question which I am very confused about.

I did get my Tier 1 (General) on 17th June 2009 and its expired on 17 June 2012

I have an appointment of 16th May for Tier 1 (General) Extension.

If I get the visa on the same day which is 16th May then my new extension I would assume would be until 16th May 2014.

So that means My Total Tier 1 (General) Period would be below:

17TH June 2009 Until 16th May 2014

- My Question is would there be any problem with ILR for me ? ( Do I qualify for 5 years ) ?

- When can I be able to apply ILR, in which month ideally ?

Many Thanks in Advance

silent_warrior · Post by **silent_warrior** » Fri May 04, 2012 5:40 pm

saqib389 wrote:Hi Guys,

I need to ask one question which I am very confused about.

I did get my Tier 1 (General) on 17th June 2009 and its expired on 17 June 2012

I have an appointment of 16th May for Tier 1 (General) Extension.

If I get the visa on the same day which is 16th May then my new extension I would assume would be until 16th May 2014.

So that means My Total Tier 1 (General) Period would be below:

17TH June 2009 Until 16th May 2014

- My Question is would there be any problem with ILR for me ? ( Do I qualify for 5 years ) ?

- When can I be able to apply ILR, in which month ideally ?

Many Thanks in Advance

Many applicants get their new dates in continuity with their existing expiry date. So there is a good possibility of you getting the new visa start date of 18th June 2012. However many have also got dates matching date of application
In either case you shouldnt have a problem because of Annex B - Calculation of the qualifying period of continuous leave for settlement

saqib389 · Post by **saqib389** » Fri May 04, 2012 9:06 pm

Thank you for replying.

Sorry the link which you gave me didn't help in regards to my question that would i qualify for ILR if i get the visa extension on 16th May ?

How did you calculate that i will be completing 5 years ?

silent_warrior · Post by **silent_warrior** » Fri May 04, 2012 11:33 pm

saqib389 wrote:Thank you for replying.

Sorry the link which you gave me didn't help in regards to my question that would i qualify for ILR if i get the visa extension on 16th May ?

How did you calculate that i will be completing 5 years ?

Apologies Saqib, yes you were right about the falling short by 3 days, considering you get your new visa stamped till 16th May 2014. I miscalculated your dates.
However based of many persons PEO experience, they have been given new visa dates to enough to complete 5 years
Check this
http://immigrationboards.com/viewtopic.php?t=97568

longshift · Post by **longshift** » Fri May 04, 2012 11:44 pm

silent_warrior wrote:Apologies Saqib, yes you were right about the falling short by 3 days, considering you get your new visa stamped till 16th May 2015.

Sorry mate, how is he short by 3 days?

As per the calculation, aint he supposed to be short by 1 month and 1 day. I know for ILR you can apply 28 days in advance, but I don't think it means, you can be short of 5 year period for those many days. Correct me if I am wrong.

Good question Saqib. This exact query bothered me too, but as Silent Warrior suggested I am also hoping to get a months grace from the case worker when I will apply for my extension in August.

silent_warrior · Post by **silent_warrior** » Fri May 04, 2012 11:47 pm

longshift wrote:
silent_warrior wrote:Apologies Saqib, yes you were right about the falling short by 3 days, considering you get your new visa stamped till 16th May 2015.
Sorry mate, how is he short by 3 days?

As per the calculation, aint he supposed to be short by 1 month and 1 day. I know for ILR you can apply 28 days in advance, but I don't think it means, you can be short of 5 year period for those many days. Correct me if I am wrong.

Good question Saqib. This exact query bothered me too, but as Silent Warrior suggested I am also hoping to get a months grace from the case worker when I will apply for my extension in August.

Yes, i considered the 28 days before rule.
I have read at least 5 cases where, they were given those grace periods. I will find them and post it here again

saqib389 · Post by **saqib389** » Sat May 05, 2012 2:36 pm

Thanks everyone.

I am still confused what to do as i didn't get an exact answer.

Would there be an issue for me for ILR if i get the extension on 16th May 2012.

So my total turnover would be:

17th June 2009 -- 16th May 2014 ( Would i be able to qualify ILR ) ?

silent_warrior · Post by **silent_warrior** » Sat May 05, 2012 3:14 pm

saqib389 wrote:Thanks everyone.

I am still confused what to do as i didn't get an exact answer.

Would there be an issue for me for ILR if i get the extension on 16th May 2012.

So my total turnover would be:

17th June 2009 -- 16th May 2014 ( Would i be able to qualify ILR ) ?

No, unfortunately you wont qualify based on these timelines, and may require another extension. Of course this is the worst case scenario
When you go for PEO, you will need to highlight this to the representative at the window. Hopefully they will give you a new Visa start date from 18th June 2012.

saqib389 · Post by **saqib389** » Sat May 05, 2012 6:48 pm

what about this statement ?

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

so i am applying month before as stated so would still be an issue ?

longshift · Post by **longshift** » Sat May 05, 2012 7:57 pm

Saqib,

Just so you feel a little better, read many PEO experiences on these forum. I did the same. Most of them got their extensions starting from their current expiry date, even though they were applying few months in advance. I can understand your frustration as things are not very clear on their website.

If you are still worried about it, try rescheduling your appointment date so it falls withing the 28 days of your expiry. I don't know how the 28 day rule works, cuz, I am still confused about it as no one has cleared it out. Mostly people talks from other people's experience. There is not a single thread that I have came accrossed which states that its OK to be short by few days as you have 28 days to play with. On their website they give grace to people who came in this country late. But it doesn't affect people like you and me.

So cutting the story short. Try changing your date. If you don't get another date, just politely request your caseworker when you submit your application to start your extension from the expiry date so you don't fall short of ILR. I know, I would do the same. Good Luck.

silent_warrior · Post by **silent_warrior** » Sat May 05, 2012 8:13 pm

saqib389 wrote:what about this statement ?

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

so i am applying month before as stated so would still be an issue ?

Yes, and thats exactly what its stating and for this reason they have mentioned that you can apply for extension 28 before expiry.
When you apply for ILR, they would count the days from your initial entry to the UK on Tier 1 to the date you have made an application for ILR. If these number of days account to a total of 5 years (or 4 years 11 months and 2 days as you can apply 28 days before completion of 5 year period for ILR as well) only then will you be granted ILR.
If however you are short of the number of days required for ILR, then you will have to go for another Tier 1 extension to compensate the remaining period of 5 year continuity.
Having said that, the UKBA in this case have granted leave to remain of more than three years from their recent decision date (i.e the date of that applicants's PEO appointment).
So there may be a possibility that they may grant your new extension from a date starting 17th June 2012.
If they don't, then unfortunately you may require a second Tier 1 extension.
Are you not finding any PEO dates after 16th May 2012?

saqib389 · Post by **saqib389** » Sat May 05, 2012 8:14 pm

longshift wrote:Saqib,

Just so you feel a little better, read many PEO experiences on these forum. I did the same. Most of them got their extensions starting from their current expiry date, even though they were applying few months in advance. I can understand your frustration as things are not very clear on their website.

If you are still worried about it, try rescheduling your appointment date so it falls withing the 28 days of your expiry. I don't know how the 28 day rule works, cuz, I am still confused about it as no one has cleared it out. Mostly people talks from other people's experience. There is not a single thread that I have came accrossed which states that its OK to be short by few days as you have 28 days to play with. On their website they give grace to people who came in this country late. But it doesn't affect people like you and me.

So cutting the story short. Try changing your date. If you don't get another date, just politely request your caseworker when you submit your application to start your extension from the expiry date so you don't fall short of ILR. I know, I would do the same. Good Luck.

Thanks mate, now i feel little better.... but still its very annoying that no one know the exact answer for this... may be we should consult the lawyer ?

longshift · Post by **longshift** » Sat May 05, 2012 8:39 pm

silent_warrior wrote:Yes, and thats exactly what its stating and for this reason they have mentioned that you can apply for extension 28 before expiry.
When you apply for ILR, they would count the days from your initial entry to the UK on Tier 1 to the date you have made an application for ILR. If these number of days account to a total of 5 years (or 4 years 11 months and 2 days as you can apply 28 days before completion of 5 year period for ILR as well) only then will you be granted ILR.
If however you are short of the number of days required for ILR, then you will have to go for another Tier 1 extension to compensate the remaining period of 5 year continuity.

Mate, as per your comment is it safe to say that you can apply for ILR so long your Total leave on Tier 1 General is more than 4 years, 11 months and 2 days. And the case worker cannot reject your application even if your actual leave as per your visa is below 5 years.

Total respect for you bruv. as this is exactly what I would want. However, I am sure one of the Gurus or Moderator said it otherwise. I have been trying to find that thread since last night but since this guys have more than 2 thousand replies each, I have been unsuccessful. However, as I said, I would really like what you said, but it would be great if one of the Gurus can share some light on this matter.

silent_warrior · Post by **silent_warrior** » Sat May 05, 2012 8:55 pm

longshift wrote:
silent_warrior wrote:Yes, and thats exactly what its stating and for this reason they have mentioned that you can apply for extension 28 before expiry.
When you apply for ILR, they would count the days from your initial entry to the UK on Tier 1 to the date you have made an application for ILR. If these number of days account to a total of 5 years (or 4 years 11 months and 2 days as you can apply 28 days before completion of 5 year period for ILR as well) only then will you be granted ILR.
If however you are short of the number of days required for ILR, then you will have to go for another Tier 1 extension to compensate the remaining period of 5 year continuity.
Mate, as per your comment is it safe to say that you can apply for ILR so long your Total leave on Tier 1 General is more than 4 years, 11 months and 2 days. And the case worker cannot reject your application as you are not meeting the criteria of 5 years leave.

Total respect for you bruv. as this is exactly what I would want. However, I am sure one of the Gurus or Moderator said it otherwise. I have been trying to find that thread since last night but since this guys have more than 2 thousand replies each, I have been unsuccessful. However, as I said, I would really like what you said, but it would be great if one of the Gurus can share some light on this matter.

Yes, because of this post.This is a recent sucess story. I would recommend reading the complete links (and sub links below). Its a very interesting case
http://www.immigrationboards.com/viewtopic.php?t=101886
and this
http://www.immigrationboards.com/viewtopic.php?t=101766

longshift · Post by **longshift** » Sat May 05, 2012 9:14 pm

Saqib, I want you to read this response. It clarifies everything. First of all Thanks a million to Silent_Warrior for all the responses you have made to this query and others. People like you who are willing to help make this site work.

Right, I did exactly as our friend suggested and read the responses on the link. At the bottom in one of the response there was this link:

http://www.immigrationboards.com/viewtopic.php?t=101788

Now, the interesting fact about the above conversation between the UKBA staff and the guy is she clearly stated that if your total leave is below 5 years, you will not get ILR if you apply at PEO. However, if you apply by post then there is a chance that your decision will be taken after a month so you would have covered your deficit of stay within that period.

Got it my friend. So If you do not have full 5 years of leave, you will fall short of ILR. However, you can make up for those remaining days by applying by post and staying here in UK legally as per Section 3C.

No offense to you Silent Warrior. Your intensions were good and you made fair point of 28 days rule. However, I think its my mistake that I couldn't explain my question to you properly. What me and Saqib were trying to say was that If we do not have Total 5 years Visa, can we still apply for ILR.

Now, before you say anything, about the cases you sent us, They all had full 5 years leave or in other words full qualifying period and hence, they were able to apply at PEO 28 days in advance. However, if someone is unfortunate to miss out by few days of their qualifying period{5 years leave} due to early extensions, then the only option would be Postal application for ILR.

phhewww....

Mostar95 · Post by **Mostar95** » Sun May 06, 2012 10:14 pm

I know a case where:

Visa was granted in May 2008.

They family arrived in July 2008 in the UK.

They applied for extension (three years) in April 2010.

They were given visa up to May 2013 (instead when they applied and given visa that is April 2010). And I think CW just covered their 5 years there - keeping in consideration that the family traveled within 3 months.

Mostar95 · Post by **Mostar95** » Sun May 06, 2012 10:17 pm

When you will go for visa , you will be given visa up to 17 june of 2014.

Please check this thread

http://www.immigrationboards.com/viewto ... highlight=

saqib389 · Post by **saqib389** » Mon May 07, 2012 12:13 am

longshift wrote:Saqib, I want you to read this response. It clarifies everything. First of all Thanks a million to Silent_Warrior for all the responses you have made to this query and others. People like you who are willing to help make this site work.

Right, I did exactly as our friend suggested and read the responses on the link. At the bottom in one of the response there was this link:

http://www.immigrationboards.com/viewtopic.php?t=101788

Now, the interesting fact about the above conversation between the UKBA staff and the guy is she clearly stated that if your total leave is below 5 years, you will not get ILR if you apply at PEO. However, if you apply by post then there is a chance that your decision will be taken after a month so you would have covered your deficit of stay within that period.

Got it my friend. So If you do not have full 5 years of leave, you will fall short of ILR. However, you can make up for those remaining days by applying by post and staying here in UK legally as per Section 3C.

No offense to you Silent Warrior. Your intensions were good and you made fair point of 28 days rule. However, I think its my mistake that I couldn't explain my question to you properly. What me and Saqib were trying to say was that If we do not have Total 5 years Visa, can we still apply for ILR.

Now, before you say anything, about the cases you sent us, They all had full 5 years leave or in other words full qualifying period and hence, they were able to apply at PEO 28 days in advance. However, if someone is unfortunate to miss out by few days of their qualifying period{5 years leave} due to early extensions, then the only option would be Postal application for ILR.

phhewww....

Hey Mate..

I manage to get another appointment which is on 21st May...

What do you think, would this help the situation..

So for example now i would assume my case would be:

17th June 2009 untill 21st May 2014

Would i be able to qualify the ILR ?

longshift · Post by **longshift** » Mon May 07, 2012 12:29 am

Sent you a PM. Check it.

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Tier 1 General - Extension - ILR Confusion

Tier 1 General - Extension - ILR Confusion

Re: Tier 1 General - Extension - ILR Confusion

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