Tier 1 general extention

[email257525]

Dear members

My tier 1 general visa is expiring in Jan 2013, and I have PEO appointment in Oct for extention.

I understand according to UKBA guidence they say apply for extention 28 days before your current leave expires, but as I have appointment in person in Oct 2012 If every thing goes Okay will they grant me extention or will they say apply 28 days before your current leave expires. I have seen and read lots of people apply early extention and they get the extention and new visa start dates starts from when they grant visa not from the current visa expiry date. In this way there is a risk of having shortage of completed 5 years on tier 1 general.

I also have learnt from this forum that if some one is having shortage of upto 90 days (90 days less 5 years on tier 1 general), UKBA still allow and give them ILR. Is this a rule or this is something depend on visa officer/UKBA they allow on discreationary basis, There has been three examples I heard from firends that someone had 90 days short from having completed 5 years and they applied for tier 1 general extention but UKBA returned their application and fee and advised they should apply for ILR directly.

Please advise me in details, as I have an appointment in person on Oct 2012 but my visa expiring on Jan 2013,

Regards.

[Lucapooka]

If you apply in October you will be given a further grant of exactly two years starting in October; your unexpired leave will be be aggregated to this to make a complete five year residence period.

The 90 day concession of which you have heard tell is given in exclusive regard to a 90 day shortfall in leave caused by late entry into the UK. It is not given with regard to gaps in residence that are created by the applicant extending their leave earlier than is required.

[email257525]

@Lukapooka

Please can you explain again, I could not understand 100%

Do you mean to say, say they issue me 2 years visa starting from beginning of November, then i will have shortfall of nearly 3 months, do you mean they will give me extra three months or my unexpired visa duration will be carried over.

Regards

[Lucapooka]

Are you asking questions because I can't see any question marks? What are you trying to say?

[shahmir]

@Lukapooka

I want to apply as early as safe to avoid extra extension. What is the safest time? Secondly, does the location of PEO matters as I have seen Croyden mostly extends visa from the date of previous visa expiry? I might be wrong. Please advise.

[Lucapooka]

You need to look at the rules. The rules state the periods for which leave will be granted. These are fixed terms of two of three years depending on the length of the original grant. The start of the new leave will be the day of the decision to grant.

If you apply a few months earlier by post, it's reasonable to assume that the unexpired leave will likely be consumed during waiting period, but if you apply 3 months early at the PEO, you will immediately be given a new tranche of 2 or 3 years that may leave you with a shortfall in your residence period (depending entirely on have long you have already spent in the UK). All this means is that you have to make another extension before you become eligible for ILR. You can't claim that the shortfall was due to delayed entry.

[shahmir]

Thank you Lukapooka.I want to apply at PEO and at the same time want to remain on the safe side dates wise. If we apply when 58 days left, do you think I will get extension from date of expiry of initial leave?

Secondly, If we are self employed, do they always make a decision on spot. Or a caseworker at a PEO can also delay the decision for verification?