Extension, 2 or 3 years?

[MattDell]

Can anyone clarify if a tier 1 extension, where the initial application was made in December 2010, should be extended 2 years or 3 years?

[Lucapooka]

245CB. Period and conditions of grant

(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

(b) in all other cases, leave to remain will be granted for a period of 3 years.

[MattDell]

So to confirm, in layman's terms, I'm entitled to 3 years?

[Lucapooka]

I have no idea! I don't know anything about you but I do know a bit about the immigration rules. I'm merely citing the policy and how it should be applied.

[Highly_Skilled]

So to confirm, in layman's terms, I'm entitled to 3 years?

Applications for Leave to remain, where the initial application was made after 06 April will be subject to 3 years from date of decision.

[MattDell]

Thank you. I was given a 2 year (actually 1 yr 51 week) extension.

I'll be writing a letter to UKBA....

[abhisheks9]

you are entitled to 3 yrs extension.
UKBA does these kind of mistakes in granting no. of years, so write to UKBA and they will surely rectify it.

[mulderpf]

You are drip-feeding information which makes it difficult to give you accurate advice.

If you indeed made your initial application in December 2010 (not the date the decision was made) and this was a completely new entry clearance application, then yes, you should have been granted a 3 year extension.

When you say you were given 1 yr and 51 weeks extension, is this from the date of the decision or the date of your expiry of your previous leave. There is not rule which says your new leave has to start from the expiry of your previous leave.

[MattDell]

You are drip-feeding information which makes it difficult to give you accurate advice.

If you indeed made your initial application in December 2010 (not the date the decision was made) and this was a completely new entry clearance application, then yes, you should have been granted a 3 year extension.

When you say you were given 1 yr and 51 weeks extension, is this from the date of the decision or the date of your expiry of your previous leave. There is not rule which says your new leave has to start from the expiry of your previous leave.

Sorry, I'm only giving as much detail that is necessary. My initial application was made on Dec 6 2010 and approved 11 Jan 2011 to expire 6 Feb 2013.

My visa was approved on Feb 20 and the current expiry is Feb 13 2015. So even if I was meant to have 2 years it should be at least to the 19th Feb 2015.

I've emailed my caseworker and he's told me to return my BRP and he'll look into it. So I should find out more next week.

[MattDell]

Update, I sent my BRP back to UKBA and they sorted me out with a 3 year extension.

Glad I caught it in time!