ILR - shorfall if Tier 1 Ext made via PEO?

[sandy1318sandy]

Please can someone clarify?

My Initial Tier 1 Visa was granted from 27/07/2009 to 27/07/2012, but for extension I applied via PEO for same day service on 09/07/2012(with in 4 weeks of expiry)

My new visa is valid from 09/07/2012 to 09/07/2014. I had spoken to UKBA before I made the application and they had advised as long as we apply with in 4 weeks of date of expiry of the current visa there won’t be a shortfall for ILR

Please can you guy’s advice as I am a bit concerned now after going through some discussions on this forum which suggest I may have shortfall

Thanks in advance

[Lucapooka]

I think it was an oversight not to grant you leave to complete exactly five years, as you applied within a month of expiry. However:

I had spoken to UKBA before I made the application and they had advised as long as we apply with in 4 weeks of date of expiry of the current visa there won’t be a shortfall for ILR

You can apply for ILR no earlier than June 30, so you don't have a shortfall.

[longshift]

I think it was an oversight not to grant you leave to complete exactly five years, as you applied within a month of expiry. However:

I had spoken to UKBA before I made the application and they had advised as long as we apply with in 4 weeks of date of expiry of the current visa there won’t be a shortfall for ILR

You can apply for ILR no earlier than June 30, so you don't have a shortfall.

@lucapooka: So are you saying that the loss of leave can be compensated by the early 28 days rule of ILR?

Read following response from UKBA staff:

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

[cs95tdg]

I think it was an oversight not to grant you leave to complete exactly five years, as you applied within a month of expiry. However:

I had spoken to UKBA before I made the application and they had advised as long as we apply with in 4 weeks of date of expiry of the current visa there won’t be a shortfall for ILR

You can apply for ILR no earlier than June 30, so you don't have a shortfall.

@lucapooka: So are you saying that the loss of leave can be compensated by the early 28 days rule of ILR?

Read following response from UKBA staff:

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

According to my understanding of the rules, an applicant will need to have sufficient leave to remain to cover the entire 5 year residency, even though he/she can apply 28 days before the 5th anniversary. In this particular case, as already stated above my understanding too is that an error was made by the UKBA in not granting the extension from the original date of expiry because the application was made within a month of expiry. I think the OP should bring that to the attention of the UKBA to have it corrected/acknowleged in order to avoid any potential problems when applying for ILR.

[longshift]

I think it was an oversight not to grant you leave to complete exactly five years, as you applied within a month of expiry. However:

I had spoken to UKBA before I made the application and they had advised as long as we apply with in 4 weeks of date of expiry of the current visa there won’t be a shortfall for ILR

You can apply for ILR no earlier than June 30, so you don't have a shortfall.

@lucapooka: So are you saying that the loss of leave can be compensated by the early 28 days rule of ILR?

Read following response from UKBA staff:

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

According to my understanding of the rules, an applicant will need to have sufficient leave to remain to cover the entire 5 year residency, even though he/she can apply 28 days before the 5th anniversary. In this particular case, as already stated above my understanding too is that an error was made by the UKBA in not granting the extension from the original date of expiry because the application was made within a month of expiry. I think the OP should bring that to the attention of the UKBA to have it corrected/acknowleged in order to avoid any potential problems when applying for ILR.

Totally agree with cs95tdg.