Early extension or apply 28days before the expiry of the vis

[sonub4ualt]

Hi pramo,

Feeling very sorry and surprised with your case. I was thinking of applying for my 2nd extension along with my dependent wife next week at PEO croydon, as I am having a shortfall of 4 months for my ILR, but after looking at this post, I am a bit scared to apply early, as I still have 7 months of visa up until May 2013.

Need advice from seniors whether to go ahead or wait up until my current visa expires. I am applying early because I am expecting a baby due in Nov'12 and want to get things sorted before the baby arrives.

Incase if i apply in May 2013, do I have to maintain the funds for my baby? Eventhough he will not be travelling out of UK.

[shahmir]

My visa is also expiring in May 2013. I also planned to apply in January 2013 but after detailed research on this forum, I decided to apply within last 28 days only.

I have seen there are cases where applicants got visa from previous visa expiry date when they applied nearly four months earlier.

There are also cases where people applied two months before expiry but they got visa renewed from date of application.

The safest time (as per guidance notes as well) for application is last 28 days if you want to get your visa renewed from the date of expiry of previous leave to avoid any shortfall later for ILR.

However if you do not mind another (extra) extension before ILR, then just go ahead now. They cannot give you one year extension. The above case is certainly an error.

I have seen that there is no set criteria and CWs decide visa start dates differently. May be some will accept some good reasons as well. But remember that your baby will be 6 months old when your extension is due.

Again, the safest is 'within last 28 days' if you want to avoid extra extension.

[shahmir]

Yes you will have to maintain funds for yourself and each dependent including your spouse and all children regardless of any travel plans.

[geriatrix]

Yes you will have to maintain funds for yourself and each dependent including your spouse and all children regardless of any travel plans.

And why does the child being referred to have to apply for PBS dependant leave if he is not travelling out of UK?

[shahmir]

Correct me please

[geriatrix]

OP,

1. When was your EC issued?
2. When did you enter UK?
3. When does your current leave expire?
4. Will the to-be-born (in UK) child expected to travel before you are granted settlement?

[sonub4ualt]

[quote="sushdmehta"]OP,

1. When was your EC issued?
05-05-2008

2. When did you enter UK?
01-09-2008 (3 Mths Gap for settlement,hence going for extension, will be due for ILR in Sep 2013)

3. When does your current leave expire?
05-05-2013

4. Will the to-be-born (in UK) child expected to travel before you are granted settlement?
NO

If the child is not going to travel, do i still need to add him/her in my application and maintain funds?

I am still in the confused state whether to apply now or wait until my visa expires.(I have an appointment next week at croydon, but what happened with pramo at croydon was unexpected.He was granted extension only for 1 year as he applied 3 months before the expiry of his visa.)

Thanks.
Sonu.

[geriatrix]

1. You may apply for extension anytime you wish. Any leave granted, if it is not in line with the specified immigration rules, can be corrected.
2. As already suggested, it is general consensus that it is ideal to apply for extension in the last 28 days of current leave so there is no shortfall in becoming eligible for settlement. This however is not relevant in your case because you just need a few months extension to be able to apply for settlement.

So, essentially it is your choice when you should apply for extension.

If you wish to save money and applying by post is not something that worries you then my suggestion to you would be that you apply for extension just a couple of days before 05-05-13 (keep proof of posting safe). If your postal applications for extension is not decided by 01-09-13 you should then vary your extension application to settlement application. See Varying an application.
I cannot speculate of the processing times of extension application and cannot say for sure if your application will or will not be decided by 01-09-13, should you wish to take this route, but thought it wise to pen down the option for your information.

See also Child born in the UK.