applying late for Tier 1 Extension

[n8net]

Hi,

I am in bit of a pickle and hope some one can help me.

My Tier 1 (G) is due to expire 15th of Feb 2013.
I satisfy all requirements.But I hv been maintaining funds of £900 only since
19th Nov 2012 which means even if I apply on the 15th Feb I am short of ONE day.

what options do I hv ? is applying on the 19th Feb count as late application (remember someone telling me u can apply withing 28 days of expiry)

what impact a late application (within 28 days though) has on my future ILR?

my employer can also go for Tier 2 for me- but I do not want to get tied up.

what is the besr course of action for me?

any advice/suggestions/help much appreciated.

thanks

[cs95tdg]

My Tier 1 (G) is due to expire 15th of Feb 2013.
I satisfy all requirements.But I hv been maintaining funds of £900 only since 19th Nov 2012 which means even if I apply on the 15th Feb I am short of ONE day.

what options do I hv ? is applying on the 19th Feb count as late application (remember someone telling me u can apply withing 28 days of expiry)

what impact a late application (within 28 days though) has on my future ILR?

First, have you checked to see whether you have possibly maintained the required balance for the required time period, in multiple accounts or another account? I would look at all alternatives before considering a out-of-time application.

Relevant Immigration Rules: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Yes, you are allowed to make an out-of-time T1G extension application upto 28 after your current LTR expires.

See 245CA. Requirements for leave to remain

(g) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

Regarding the effect of this delay, it should not affect your subsequent ILR application, so long as the break in lawful residence is no more than 28 days.

See 245AAA. General requirements for indefinite leave to remain

Additionally See page 12 of the continuous residence guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Breaks in the period of lawful residence may only be disregarded in the following circumstances:
 applications made on or after 9 July 2012, where the application for ILR is made no more than 28 days after the expiry of the applicant’s previous leave

The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for leave to remain.

[n8net]

thanks cs95tdg.much appreciated.

yes I hv considered all other a/c. but no luck..still short of ONE day.

if making an application within 28days of expiry of the current leave is not much of a problem,why would you say it has to be done only as a last alternative?

does that affect my eligibility to appeal if I am rejected ?

also technically applying even after a day on current expiry is a out-of-time application?

[cs95tdg]

If you make an out-of-time application, you will not be covered by S3C, from the date you apply until a decision is made on your application. So if you are currently working, then you would not be able to continue to do so, until your application is approved.

CORRECTION: If you apply late, it will affect your right to an appeal if your application is rejected. I.e. you will not be given the right of appeal.

[n8net]

Hi cs95tdg,

thanks for the reply.yes.I am working and would like to work during the period.

so is there a way out for me from this ? (I am only 1 day short of maintenace,everything else is perfect)

plz advice. thanks.

[cs95tdg]

The options I see as possible are:

1) Have your employer sponsor you, as you say they are willing to do so.
2) If all your T1G documents are in order and you are confident that your application will be approved, you could make a in-person application at a PEO, on the date you are able to get your maintenance bank statement (1 or 2 days after current LTR expiry). This would limit the time period you will not have the right to work to a few days (if your application is approved on the same day). It has an element of risk, but is a option.

Unfortunately, I cannot provide you the answer you are looking for, as there is no ideal situation here. The ideal situation would have been if you had planned for your visa extension, as you should have, and maintained the required minimum balance with that in mind.

[Mela]

Hi cs95tdg,

thanks for the reply.yes.I am working and would like to work during the period.

so is there a way out for me from this ? (I am only 1 day short of maintenace,everything else is perfect)

plz advice. thanks.

Unfortunately, there is no "right" course of action here, if you apply in time, you are one day short on maintainence funds and you will be rejected. YOu will be given a right to appaeal, but it doesn't change the situstaion as you are still 1 day short and in fact you dont even have other maintainence funds (i.e bank accountrs) to show. So i wouldnt ever go this route.

The only way out for you is to apply out of time as soon as you reach mainteinance criteria. You cant apply in person as its out of time application so you would have to apply by post and wait for decesion and you are not allowed to continue and work legally. If you meet all the other criteria you will be fiven 2nd extension despite applying "late".

There is no plan C here. good luck and next time plan ahead

[n8net]

The options I see as possible are:

2) If all your T1G documents are in order and you are confident that your application will be approved, you could make a in-person application at a PEO, on the date you are able to get your maintenance bank statement (1 or 2 days after current LTR expiry). This would limit the time period you will not have the right to work to a few days (if your application is approved on the same day). It has an element of risk, but is a option.

why do you say it has an element of risk ? as per immigration rules I am applying within 28 days and hv all the points ? r u saying I may be refused on the general grounds ? but my immigration history is clean as a Vicar's laundry..

Unfortunately, I cannot provide you the answer you are looking for, as there is no ideal situation here. The ideal situation would have been if you had planned for your visa extension, as you should have, and maintained the required minimum balance with that in mind.

I know I hv made a mistake.I was told I shud only only maintain for 28days.I had the same problem for my PSW extension back in 2009 and the approach I tuk was make an in time application and send the documents for the remaining days and it worked but I promsed myself nt to repeat it..but here I am ..

thanks anyway for ur help

[cs95tdg]

You cant apply in person as its out of time application so you would have to apply by post and wait for decesion and you are not allowed to continue and work legally.

Thanks for the correction, about not being able to make an out-of-time application in-person. That completely slipped my mind.

[n8net]

so what would happen if i go to a PEO with an out of time application ? and where does it say that out of time applications are barred in PEO ? what happens if there are no appointments?

plz clarify me..i am confused.

[vinny]

As far as I'm aware the fact that you applied late, will not affect your right to an appeal if your application is rejected.

I don't think so.

[cs95tdg]

As far as I'm aware the fact that you applied late, will not affect your right to an appeal if your application is rejected.

I don't think so.

Yes, that's true, my bad. I only noticed this after posting. Thanks for the correction.

[n8net]

thanks all for the replies.but I am confused .can some one make a final statement on this plz?

if I apply late,i hv NO right of appeal - TRUE or FALSE

if I apply late I hv no right to work TRUE or FALSE

I cant make a late application at PEO TRUE or FALSE

in case it is true what happens for ppl who cant get an appointment and want to apply in PEO for reasons that they want to go abraod or something ?
and where does it say they cant apply at a PEO ? what happens if I go to PEO with a late application?

thanks in advance for your input

[cs95tdg]

1) if I apply late,i hv NO right of appeal - TRUE or FALSE
2) if I apply late I hv no right to work TRUE or FALSE
3) I cant make a late application at PEO TRUE or FALSE

1) True
2) True - I.e. until you receive an approval decision on your application
3) I clearly remember reading this fact, but cannot right now locate where. May be someone else who knows, can post the reference for you. I'm not sure whether it now falls under the category of "not being a straight-forward application". An alternative would be to enquire from the UKBA itself, if they accept out-of-time applications in-person at their PEO's.

The UKBA always advise applicants to make in-time applications (by post if they are unable to get a suitable PEO appointment), so I'm not sure you are going to get the answer you are after to the question "what happens for ppl who cant get an appointment and want to apply in PEO for reasons that they want to go abraod or something ?".

[netbee]

Hello,

I am considering similar situation, my extension is due to 15 march, and I am not getting any luch in finding PEO appointment. I have spoken to quite few OISC representatives in last couple of days but they say that chances are less in getting date before mid march. A guy offered me to apply late but with in 28 days.

My case is simple and straight forward as I am employed and have every thing ready.

Any recommendation, shall I consider delaying?

Or any suggestion on PEO appointment would be greatly appreciated.

By the way I have two dependents as well.

Regards,

[Manka10]

Any recommendation, shall I consider delaying?

make sure you resign from your current job before putting in a out-of-time application

in any case PEO will ask you to post your out of time application

[n8net]

Any recommendation, shall I consider delaying?

make sure you resign from your current job before putting in a out-of-time application

why is this important ? who checks this ?

in any case PEO will ask you to post your out of time application

how sure are you ? has it happened to you or anyone you know ?

netbee,

why cant you simply post your application if everything is in order ? might be cheap as well . or do you not want to wait - it luks like by post if its a straightforward application it takes only a month or two max.

[mulderpf]

See 245AAA. General requirements for indefinite leave to remain

Additionally See page 12 of the continuous residence guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Breaks in the period of lawful residence may only be disregarded in the following circumstances:
 applications made on or after 9 July 2012, where the application for ILR is made no more than 28 days after the expiry of the applicant’s previous leave

The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for leave to remain.

Correct me if I am wrong here, but I always believed that a late application (despite being allowed within 28 days) will reset your ILR clock, except, if it is actually applying for ILR.

So in the OP's case, being late, as far as I know, it will be allowed now, but it will count as a break in lawful period and therefore reset ILR clock.

The piece quoted above supports my understanding as it ONLY refers to late ILR applications and says nothing about late applications for previous LTR extensions.

[netbee]

Thanks for reply guys.

@[quote="n8net"]


I could send via post, but the issue is delay in processing and I have to travel Europe due to work reasons. So that's why can't really take that risk.

Regards,

[netbee]

@ mulderpf

Thanks for reply.

I have spoken to one of OISC Representative and he said that he can give in writing that it's not going to affect my visa extension or ILR but I am reluctant
to take that route.

[n8net]

@ mulderpf

Thanks for reply.

I have spoken to one of OISC Representative and he said that he can give in writing that it's not going to affect my visa extension or ILR but I am reluctant
to take that route.

netbee,r u working currently ? what did the OISC say abt ur right of work after ur visa expires? and why is that u r reluctant?

I am in your case as well..so please help me out with any input.

thanks

[Mela]

in case it is true what happens for ppl who cant get an appointment and want to apply in PEO for reasons that they want to go abraod or something ?
and where does it say they cant apply at a PEO ? what happens if I go to PEO with a late application?

thanks in advance for your input

People are aware of the fact thats it it hard to get PEO appointment, so they strat planning early (and not 1 or 2 weeks ahead): they book well in advance themselves or the arrange for lawyer who can also get PEO appointment.

If you manage to book PEO appointment yourself within these few days, which i doubt, according to the rules you will be sent back and asked to apply by post. However, miracles can happen, as its all down to the discretion of case worker and they may accept it, which again, i personally doubt, beacuse by applying late you are alreday in a breach of immigration rules, its already not a straightforward case, escpecially in the circumstances like yours, when its all your fault.

Speak to a laywer, but most likely they also ask you to send it by post.

[Mela]

Any recommendation, shall I consider delaying?

make sure you resign from your current job before putting in a out-of-time application

why is this important ? who checks this ?

in any case PEO will ask you to post your out of time application

how sure are you ? has it happened to you or anyone you know ?

netbee,

why cant you simply post your application if everything is in order ? might be cheap as well . or do you not want to wait - it luks like by post if its a straightforward application it takes only a month or two max.

1. noone is going to check whether you work or not, but by working you are breaking the rules and putting yourself and your employer in danger. When you apply for ILR/any other visa, on application form you will be asked: Have you ever worked illegally in the UK? and if you answer will be No, then you technically lie on your application and IF they find out they can ban your application. So, its up to you to decide what you want to do.


Applictaion by post takes in most cases about 5-6 months now, check Tier 1 UKBA processing times

[netbee]

@n8net,

Yes I am working and got full time job. Didn't check with him about job as I was not aware that it's going to affect my working rights.

And I am reluctant because Even though if lawyer says he assure me but there is risk involve in that and as you can't say about Home office. And if I have any thing goes wrong I will be screwed.

And I have Over a month yet. so trying to see if I get any luck to get PEO myself as well.

[cs95tdg]

See 245AAA. General requirements for indefinite leave to remain

Additionally See page 12 of the continuous residence guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Breaks in the period of lawful residence may only be disregarded in the following circumstances:
 applications made on or after 9 July 2012, where the application for ILR is made no more than 28 days after the expiry of the applicant’s previous leave

The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for leave to remain.

Correct me if I am wrong here, but I always believed that a late application (despite being allowed within 28 days) will reset your ILR clock, except, if it is actually applying for ILR.

So in the OP's case, being late, as far as I know, it will be allowed now, but it will count as a break in lawful period and therefore reset ILR clock.

The piece quoted above supports my understanding as it ONLY refers to late ILR applications and says nothing about late applications for previous LTR extensions.

Yes true, upon reading this quote from the guidance again, the statement is in relation to a late ILR application rather than any previous late LTR application.

However when reading immigration rule 276B(v) below I am inclined to believe that an overstay of 28 days or less at any time during the ILR residence period would not constitute as a break in continuous residence. What do you think?

Immigration rules for long residence: http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

Requirements for indefinite leave to remain on the ground of long residence in the United Kingdom

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:

...
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.