Tier1 extension or ILR?

[anasjamil2]

Hello Friends,

I am an Indian, living in UK on T1 visa and not sure whether to apply or ILR or an extension, please can you advice? I certainly don't want to waste money on another extension but I am falling short of 2+ month.

On the date of expiry of my current visa I will be completing approx 4yrs 9months 15days in the UK.

We are a family of 4, which means approximately 4000GBP as extension fees, which is a big amount for me. Please can you guide what is the best I can do?


Date stamps for my family are as below:

Myself-
First T1 visa for 3years- 23/03/2010 to 23/03/2013
Extension T1 visa for 2years - 07/04/2013 to 07/04/2015
Date of arrival in UK : 22/06/2010 (91st day of visa approval)
Will complete 4yrs 9months 15days on current visa expiry date

Wife:
First T1 dependent (less than 3years)- 04/05/2011 to 23/03/2013
Extension for 2 years- 07/04/2013 to 07/04/2015
Date of arrival in UK- 25/06/2011
Will complete 3yrs 9months 13days on visa current visa expiry.

Twins:
Born in UK- 24/07/2012
Dependent visa 07/04/2013 to 07/04/2015
Will complete 2yrs 8months 14days.

Thanks,
Anas

[longshift]

Sorry to hear about your situation.

Here's my advice. Apply ILR by post couple of days before your visa expiry. Make sure it gets delivered by the last day of your visa. Pay by Cheque. Delay Biometeric till the last few days on the letter. This time should cover you for your missing period.

Your Qualifying Period is counted from the start of your visa till the day they make their decision.

Also, if you dont have any urgent travel plans, skip the Children in ILR application. They can be registered as British Citizen once you get ILR, irrespective of their visa status.

This is the best way to save money.

[anasjamil2]

Thanks buddy but i don't understand what you mean by "Your Qualifying Period is counted from the start of your visa till the day they make their decision.".

Did you mean my qualifying period starts from 23/03/2010 when i got first T1 stamp? even after entering on 91st day in the UK?

[anasjamil2]

Hi, Please can I have suggestions?

[Amber]

You do not count the day of departure and arrival as absences, thus would it not be 89 days thus within 90 day concession and therefore, from 28 days before 23/03/2015?

[anasjamil2]

Hi Amber,

Appreciate your time and help, it is good to have suggestion from a Guru.

My T1 stamp is 23/03/2010 and my date of departure/arrival is 22/06/2010. Which sounds like 3months but because March & May are 31 days the number of days are more than 90. It is the 91st day I departed or arrived in the UK.

The policy states "The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days". Which leaves me in doubt if I can still get this concession period. Please can you send me a URL where I can be sure that day or departure or arrival is not counted.

The statement "date of departure and arrival not counted" makes more sense when somebody is in the UK and going out of UK on holidays. Whereas in my case I got Visa in India and came to UK first time after 90 days. Bit confused.

Thanks
Anas

[anasjamil2]

I would like to thank Gurus, Moderators and Members who have made this forum as a very useful source of information. I have been referring this forum since I entered UK in 2010.

My question to seniors is regarding calculating time for ILR.

I got my T1 Gen visa stamp when i was in India, dated 23March2010. I arrived to UK on 22June2010. Which is 91days.

I called UKBA and the agent told me I shouldn't include that period since I have not traveled within 90 days. I still doubt it because I have heard that sometime we get different response from different agents.

Please can anybody suggest if I am able to include this period in my ILR? if not then i am short of 2.5months.

Thanks,
Anas

[Mind_The_Gap]

Hi Anas,

Happy to help.

ILR Calculating continuous period (page 22) - "The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days."

MindTheGap

[anasjamil2]

So you mean it has exceeded for me and I cannot include this period ?

[Mind_The_Gap]

Hi Anasjamil2,

For confirmation, I'd suggest you email the Ops team at SettlementOpsPolicy@homeoffice.gsi.gov.uk

MindTheGap

[anasjamil2]

"The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days."

The period of delay will not be counted as an absence if it does not exceed 90 days ----->I haven't exceeded 90days. My absence was 90 days and I was in the UK on 91st day?

[UKBALoveStory]

...

[Apam]

You have 2 choices;
1. Apply for extension to be on the safe side and be absolutely certain of obtaining ILR. It may cost you more money but you'd have your peace of mind!
2. If you insist on 91st day being within 90 days, apply for ILR 28days from EC date and explain your situation to the case worker in a cover letter. It's their decision to interperate the rules which may or may not be in your favour. You may or may not be given the chance to appeal.
The choice is yours.
Do share your experience with us to benefit others
Good luck

[anasjamil2]

Thanks Apam, not sure if i can apply for extension or not. Reason is i will need extension in April2015 and it is possible that UKBA will close extensions somewhere in 2014. Secondly it is going to be too expensive, we are family of four and the new fee is about 1600 per person for extension. 1600x4 for 2.5months is not a good idea.

Second option is to apply for ILR. There must be a proper interpretation somewhere. I am sure many would have fallen to the same 91st day issue before.

[UKBALoveStory]

Thanks Apam, not sure if i can apply for extension or not. Reason is i will need extension in April2015 and it is possible that UKBA will close extensions somewhere in 2014. Secondly it is going to be too expensive, we are family of four and the new fee is about 1600 per person for extension. 1600x4 for 2.5months is not a good idea.

Second option is to apply for ILR. There must be a proper interpretation somewhere. I am sure many would have fallen to the same 91st day issue before.

From and including: Tuesday, March 23, 2010
To, but not including Tuesday, June 22, 2010

Result: 91 days
It is 91 days from the start date to the end date, but not including the end date


Q17
Absences are counted in "whole days". Day(s) of departure and arrival are not to be included when calculating (total) days of absence.

However, even if you exclude 22 June 2010, it is still 91 days which exceeds 90 days limits.

I am afraid you have to choose the expensive route. However, if you kids are born in UK, you can skip their extension and ILR and once you are granted your ILR, you can apply for their BC. Remember your kids won't be able to travel outside UK if you choose this route and technically your kids will be over stayer but for UK born kids of a ILR holder valid visa is not a requirement.

[anasjamil2]

http://www.immigrationboards.com/uk-tie ... 61013.html

Re: Tier1 extension or ILR?
Postby Amber_ » Thu Mar 27, 2014 12:25 am

You do not count the day of departure and arrival, thus would it not be 89 days thus within 90 day concession and therefore, from 28 days before 23/03/2015?

[sky2020]

take the risk and go for ILR for self only 28days before EC, if they refuse you will only be wasting 1 person ILR fees but if succeeded you will be able to go for your dependents visas and able to safe tier-1 extension money.

S

[UKBALoveStory]

http://www.immigrationboards.com/uk-tie ... 61013.html

Re: Tier1 extension or ILR?
Postby Amber_ » Thu Mar 27, 2014 12:25 am

You do not count the day of departure from UK and arrival to UK

You are confusing between absent from UK and not arrived and availing the 90 days concession between visa validity date and arrival date. It is a 90 days concession.
Read the FAQ section

[anasjamil2]

ok I understand now. I am not eligible for this period.

So the best I can do is apply for another extension for me and wife. Skip children for extension.

My Children have T1 dependent visa and will expire with mine, ie 07 April15. Will UKBA not say that your kids had visa before and now they are staying illegally?

Skipping my children's visa means, only me and mrs will get extension. 2 months later I will be completing 5yrs so will be applying for ILR, shall I be including children in ILR?

[UKBALoveStory]

ok I understand now. I am not eligible for this period.

So the best I can do is apply for another extension for me and wife. Skip children for extension.

My Children have T1 dependent visa and will expire with mine, ie 07 April15. Will UKBA not say that your kids had visa before and now they are staying illegally?

Skipping my children's visa means, only me and mrs will get extension. 2 months later I will be completing 5yrs so will be applying for ILR, shall I be including children in ILR?

Your UK born kids can't apply for ILR without a valid "leave to remain", however they can apply for BC once you are granted ILR

[anasjamil2]

Will I be able to apply for their BC once I get ILR 2 months later?

[lynxukauq]

Anas

You can take a punt by going to one of public PEO in person appointment and applying for it, you never know, the caseworker may grant you ILR.

One of my friend was in the same situation and he applied at Liverpool PEO and was granted ILR successfully but it's just a risk.

[anasjamil2]

I have spoken to a solicitor and he says I should be fine applying for ILR until I have a job, paying taxes and being good. 1 or 2 days are not a big deal.

Dates:
First T1 visa for 3years- 23/03/2010 to 23/03/2013
Extension T1 visa for 2years - 07/04/2013 to 07/04/2015
Date of arrival in UK : 22/06/2010 (91st day excluding visa approval date)
Will complete 4yrs 9months 15days on current visa expiry date

Now this means I can apply ILR 28 days before 23/03/2015 that is for myself only (excluding dependents).... If this gets approved then apply for wife's dependent's ILR later, if rejected then I will still have time till 07/04/2015 to apply for extension.

Once me and wife both get ILR, apply for my UK born children's Citizenship.

I have heard getting PEO appointment is not easy, what if I don't get an appointment? I am in Nottingham.

[UKBALoveStory]

I have spoken to a solicitor and he says I should be fine applying for ILR until I have a job, paying taxes and being good. 1 or 2 days are not a big deal.

I don't want to discourage you, but the advise given to you is not right. Rules are rules, A caseworker can not make a decision against the rules (provided they know and understand the rules) until and unless discretion is explicitly mentioned in the rules and caseworker decides to apply discretion in your favor. However there are many occasions where rules are applied incorrectly:)

The decision to apply for ILR is yours but I see very little chance and if you succeed, consider yourself very lucky

Best of luck for your application & do let us know the outcome of your application.

[Amber]

That's why I left an open question, I'm not sure, whether it's a legitimate expectation for them to treat it in the same way as an absence is arguable.

If not and the date of entry was applicable, then you could apply by post for an extension then vary when eligible or rely on the caseworker deciding the case at the time of decision rather than application.