Tier 1 Extension and Implications on ILR

[Aani]

Dear All,

I think this topic has been discussed earlier, however I am unable to find a concrete answer for this question. Please can someone help.

My husband got his Tier 1 approved on 25-sep-2010 which is valid till 25-sep-2012(2 years).

He entered UK on 22-OCT-2010 (which is less than 28 days. which is good). Now as he is due for extension what is the earliest he can apply to avoid the shortfall of ILR. The reason behind the question is,

There are contradictory information available

1.Some says, there is a grace period of 45 days, if we apply within 45 days of VISA expiry then the extension will be granted from expiry date.

2.Some says, if we apply within 30 days of VISA expiry then it will be granted from VISA expiry date

3. Few others say, its upto case worker to decide whether to give it from application date or from expiry date no matter whether you apply within 30 or 45 days or even 2 or 3 months earlier.

I see people have faced all these situations. Is there any UKBA link which makes this clear?

Could experts tell me what is the earliest date to 25-sep-2012 my husband can go for extension to avoid shortfall. We are looking to do the extension as early as possible at the same time not getting shortffall of ILR.

In case, if he goes for an extension on 25-AUG-2012 and gets his VISA approved from 25th Aug will he become shortfall of a month?

Thanks in advance for the reply.

Best Regards,
Aani

[rakeysh.patel]

The grace period is for those who entered the UK after considerable amount of time once their EC was granted. For instance, you were granted EC on 25/10/10 and you did not enter until say 1/1/2011. In such cases CW have a discretion of 3 months grace period. This however does not apply to your case. In your case, you can apply for 28 days in advance (maximum) for your ILR

To specifically answer your question as to when to apply to avoid shortfall - You should apply anytime after 1st September (to be on extremely safer side). And in that case, since you are into your last month of currently valid visa, you will be granted the FLR from 26/09/2012 for 3 years.

Hope this helps

[Aani]

Thanks raxs1983 for your reply. So one should apply 28 days before expiry to get the extension dated from expiry date. Could you share any link which states this?

Another question,

What if I apply on 24-sep-2012 via post and it gets processed for 4-8 weeks. Lets say, it get approved on 24-Nov-2012.

What will be my VISA start date. Will it be from expiry date ie) 25-sep-2012 or the date of approval ie) 24-NOV-2012

[mandy911]

i will tell u what about me, my visa due to expire 17/05/2012 and i apply 4 extension in PEO on 20/03/2012 and i got approval and my exp on 17/05/2014

[Aani]

Thanks for the reply. It seems there is no hard and fast rule on when the extension will be given upon approval. However, to be on safer side it is good to apply within 28 days of visa expiry.

Any comments on this?

[rakeysh.patel]

Thanks raxs1983 for your reply. So one should apply 28 days before expiry to get the extension dated from expiry date. Could you share any link which states this?

Another question,

What if I apply on 24-sep-2012 via post and it gets processed for 4-8 weeks. Lets say, it get approved on 24-Nov-2012.

What will be my VISA start date. Will it be from expiry date ie) 25-sep-2012 or the date of approval ie) 24-NOV-2012

LINK

It is extremely hard to comment on your example above. You never know, it may get processed in 2 weeks and you either get the extension from the date of your current visa expiry date (very unlikely) or may be the date from when its approved (likely)

Refer to the link above for further information