Tier 1 General Ext only until 2014

[amahmed85]

Yes... let's not panic but the more I dont want to think about the more i am thinking about it

Anyways let try getting early extension before 6th April 2015 and see how it goes....

[Go12]

Same here

[tompop4422]

Dear Guru's Ram, Abhishek , all

I initially got Tier 1 general on 4 July 2010,I made first entry in UK on 29 July 2010. After 8 days in UK i left on (07/08/2010)

I came back on 03 Oct 2010 for 1 day and left same day i.e. on 03 Oct 2010.

Days out between 1st and 2nd entry = 56 days

I re entered in UK on 13/11/2010 for 1 week and left on 19/11/2010.

Days out between 2nd and 3rd entry = 40 days

I re entered in UK on 09/03/2011 & left on 11/03/2011

Days out between 3rd and 4th entry = 109 days

I re entered in UK on 29th March 2011.

Days out between 4th and 5th entry = 17 days

Since 29 March 2011, i am permanently working in UK in different companies but continuously. I was planning to start my 5 year ILR term period from 29 March 2011 - 29 March 2016 i.e. apply ILR in March 2016.

My initial Tier 1 (2 year) visa was valid till 4 July 2012 and then i got an extension of 3 years which is valid till 4 July 2015.

I was planning to get another extension near May-June 2015 which would have given 3 years and then spend another 8-9 months before i become eligible for 5 years ILR in March 2016.

I have two questions please

1) I believe i can apply for Tier 1 extension now earlier than April 2015 as most of the people on this forum , which can give another 3 year extension and then apply for ILR in March 2016, Can i apply for extension in September i.e. 10 months before visa expiry (4 July 2015), will there be any issue in applying so early i.e. 10 months before expiry ?

2) My initial time i.e. 1st time entry in UK till i got job i.e. initial 8-9 months from 29 August 2010 - 29 March 2011 (I keep coming to UK and searching for job and once it was 109 days out of country as well) , though i dont want to include them in my 5 year ILR period as mostly i was out of country and i was also 109 days out of country during those days in one sequence but since i am not including that 8-9 months time into ILR 5 year period, will that period be still checked i.e. will 109 days outside still be considered when i apply for ILR in March 2016 ? This is my biggest worry although at March 2016 my last 5 year term at that time would say that i was in country and continuously working from 29 March 2011 with leaves outside very much less than 180 days and all approved by employer , will 109 days outside ( i.e. More than 90 days out) i.e. during the initial Aug 2010- March 2011 be considered ?

Thanks all
Kind Regards

[mightypower]

^

Why do you want to apply 10months in advance when you can apply before APril 2015?

Best for you is Apply extension before APril 2015 and go for ILR on or after 29 March 2016;

You are well clear dont confuse and panic.

[mightypower]

phew !

guys we need to have a clear agenda to fight the case. tier 1 applicants will be treated differently from hsmp.
tier is subjected to change and we all have signed this agreement while making the application

can we all think and come up with a very specific agenda/scenario.

tier1 was closed in april 2011. so there will be loads of applicants who will become eligible only in april 2016. technically anyone applying for ilr after april 2015 is at risk if they get a minor conviction just before they qualify. so we have handful of people like us. not many know and have thought about it.

What sort of convictions you are talking?? why would you be convicited for something?

[tompop4422]

Thanks Mightypower

I am mostly concerned regarding query 2 below

2) My initial time i.e. 1st time entry in UK till i got job i.e. initial 8-9 months from 29 August 2010 - 29 March 2011 (I keep coming to UK and searching for job and once it was 109 days out of country as well) , though i dont want to include them in my 5 year ILR period as mostly i was out of country and i was also 109 days out of country during those days in one sequence but since i am not including that 8-9 months time into ILR 5 year period, will that period be still checked i.e. will 109 days outside still be considered when i apply for ILR in March 2016 ? This is my biggest worry although at March 2016 my last 5 year term at that time would say that i was in country and continuously working from 29 March 2011 with leaves outside very much less than 180 days and all approved by employer , will 109 days outside ( i.e. More than 90 days out) i.e. during the initial Aug 2010- March 2011 be considered ?

Another query i have is

3) If we change address within UK from last extension to this upcoming extension, do we need to inform UKBA i.e. via change of circumstances form etc ? I mean change of address need to be informed to UKBA ?

Thanks

[mmnyoung]

All,

Please visit https://www.gov.uk/government/uploads/s ... _04-14.pdf and digest the guidance notes before panic. Most of the questions posed are contained in the guidance notes

[abhisheks9]

Thanks Mightypower

I am mostly concerned regarding query 2 below

2) My initial time i.e. 1st time entry in UK till i got job i.e. initial 8-9 months from 29 August 2010 - 29 March 2011 (I keep coming to UK and searching for job and once it was 109 days out of country as well) , though i dont want to include them in my 5 year ILR period as mostly i was out of country and i was also 109 days out of country during those days in one sequence but since i am not including that 8-9 months time into ILR 5 year period, will that period be still checked i.e. will 109 days outside still be considered when i apply for ILR in March 2016 ? This is my biggest worry although at March 2016 my last 5 year term at that time would say that i was in country and continuously working from 29 March 2011 with leaves outside very much less than 180 days and all approved by employer , will 109 days outside ( i.e. More than 90 days out) i.e. during the initial Aug 2010- March 2011 be considered ?

I knew about more than 90 days out rule breaking stay earlier, but can't find same thing in Continuous residency rule now. Anyway, you are in better position than most of us here, even after excluding 109 days from your ILR timeline
My gut feeling is you can include 109 days and go for ILR, and also pretty sure that you should get it, based on experiences of others here.
Still don't forget to join us if you can help us to fight UKBA injustice

Another query i have is

3) If we change address within UK from last extension to this upcoming extension, do we need to inform UKBA i.e. via change of circumstances form etc ? I mean change of address need to be informed to UKBA ?
Thanks

Don't think so, my current BRP address don't match with current residency. Still informing is for best, and should not be a hassle.

@Mightypower
As i have explained in same thread any conviction or your mention in criminal record will postpone your ILR eligibility by 24 months, for which check Criminality rules.

@mmnyoung
thanks, we all are aware of doc and guidelines. We are NOT panicking due to in-clarity or ignorance about rules, but tightening and suffocating us with ever changing rules and now completely stopping extension.

@All, i am again requesting to join FB group link in signature if not have done so.
Thanks.

[argus7]

For tier 1 general category, being in continuous employment is not required as long as you secured 75/80 points during extensions. Key is that you need to be away max for 180 days in 12 months in every 5 yrs with mandatory evidence of annual leave paid , unpaid leave. See user ranjeet1979 s case for ilr this Feb 2014.

Some on the forums have got ilr inspite of being unemployed in the first year.

Unless new rules get added again in Oct 2014 which can happen. All you have to show is economic activity in 5 yrs . see set(o) form and guidance as to what is required.

Using social media or petition is not going to change anything. The gov aim is clear to cut reduce immigration. Seek a professional immigration lawyer . not the ones in tooting, Wembley, but professional lawyers who are hired by companies. Continuous residency may also mean continuous employment. This point is on case to case basis on the case worker.

Thanks,

[mightypower]

Thanks Mightypower

I am mostly concerned regarding query 2 below

2) My initial time i.e. 1st time entry in UK till i got job i.e. initial 8-9 months from 29 August 2010 - 29 March 2011 (I keep coming to UK and searching for job and once it was 109 days out of country as well) , though i dont want to include them in my 5 year ILR period as mostly i was out of country and i was also 109 days out of country during those days in one sequence but since i am not including that 8-9 months time into ILR 5 year period, will that period be still checked i.e. will 109 days outside still be considered when i apply for ILR in March 2016 ? This is my biggest worry although at March 2016 my last 5 year term at that time would say that i was in country and continuously working from 29 March 2011 with leaves outside very much less than 180 days and all approved by employer , will 109 days outside ( i.e. More than 90 days out) i.e. during the initial Aug 2010- March 2011 be considered ?

Another query i have is

3) If we change address within UK from last extension to this upcoming extension, do we need to inform UKBA i.e. via change of circumstances form etc ? I mean change of address need to be informed to UKBA ?

Thanks

nope, as long as you have lawfully lived in UK for 5 years you should get ILR, so ur 109 days doesnt matter here as ur 5yr period doesnt account them.
3. dont bother. you will let them know in ur application anyway in last 3yrs adress list.

[mightypower]

@abhishek

I know that but what i was wondering is why would you get convicted?? unless you make a crime? and why do you want make crimes? I understand PCN etc are also taken into consideration but only if you are a repeat offender.

[abhisheks9]

Using social media or petition is not going to change anything. The gov aim is clear to cut reduce immigration. Seek a professional immigration lawyer . not the ones in tooting, Wembley, but professional lawyers who are hired by companies. Continuous residency may also mean continuous employment.

Thanks,

Who said social media or petition will change this? did you bother to join group?
Ram Sury here has plan to take legal action, and confident enough to win. You are not alone in pulling down such attempt, most of people here are depressingly discouraging and because of which Home Office are having fun at our cost.
When i said legal action, that must remind you of history of same action taken by HSMP forum and eventually case won by the forum?

I request you to join, and prove it's all waste of time and effort there.
I would rather try dying than do nothing. (don't take this statement literally ).

@mightypower
LOL i didnt mean that we can do crime, but know few cases of traffic convictions or council disputes escalating to court order, which gave such jitters to applicants and i am not sure what happened to such cases when went for ILR.
Yes i am scaring, but for doing it for best. As for me, i have failed driving many times to now even care about traffic related problems now

[tier1-immigrant]

Even if we take legal action, whats the timeline like to get a decision from the judiciary. Will it be before April next year ?

When i said legal action, that must remind you of history of same action taken by HSMP forum and eventually case won by the forum?

Any idea how much time it took for this HSMP case decision ?

[abhisheks9]

@tier1-immigrant I confess my lack of overall knowledge.
Ram Sury can answer all your questons.

As far as what he communicated it depends on how cases go on. what i mean Home Office may challenge lower court decision to higher tribunal. But Ram can better answer you accurately.
So feel free to ask him in FB group forum

[argus7]

And who is this Ram Sury?

[Go12]

Hi Abhishek ,just joined the Facebook group.
Fingers crossed.

[abhisheks9]

And who is this Ram Sury?

Not some super star , but member here like on of us, and Admin of FB group i am trying to invite you to
He knows/understands about Legalities and is even in touch with HSMP Forum regarding our issue.
And why your statement sound like contempt? I am sorry if i took it in wrong way, but word "this" sounds so.

Hi Abhishek ,just joined the Facebook group.
Fingers crossed.

Thanks a lot @Go12.
One more thing please: try to bring more people like us to FB group. Thanks once again

[Balajikaki]

How do we join in FB Group ?

[abhisheks9]

How do we join in FB Group ?

I have link in my signature which is https://www.facebook.com/groups/UKITF/
click and request to join, Thanks a lot for joining

[Balajikaki]

Thanks Abishek, i will join today itself.

[mr_kumar78]

Hi,

I need advice from fellow members on this forum. My case is :

Tier1 Issue date 17/05/2010
Entry Clearance 22/08/2010 (97 days after visa issue date)
Current Tier1 Expiry 30/05/2015

I was thinking that I will apply for ILR on 01/05/2015 and if I don't get ILR (as my entry clearance was after more than 90 days, so ILR can be rejected), I will apply for Tier 1 extension. But since last date of tier 1 extension is 6 April 2015, Is it worth taking risk I wait for May and apply for ILR ? Or should I take the extensions first and then apply for ILR in August 2015?

I have a family 3 (myself, my wife and my son), and since visa fees is significantly high, I am exploring to go with best optimum approach.

Thanks in Advance,
Yogender

[Go12]

Definitely go for a 2 nd extension,cause it's closing.

[sorento]

Worrying about this! I got my T1 General right before 6 April 2010 where the old rules were applied and got my first extension in 2013 for two years. However as my time outside UK was more than 180 days before 2013 that I need to apply for a second extension in April 2015. As I am on the old leg of T1 G that my second extension will likely to be another 2 years (exp 2017) which means I have 1 year short fall for ILR in 2018. What can I do to tackle this issue?

[Go12]

Hey just got the following post from ILR section
One members solicitor inquired to ukba abt Extension and this is what they mailed back to him

Dear Members,

I just heared that HOME OFFICE announced no Tier 1 extensions will be processed after 5th april 2015 and No ILR will be granted after 5th of april 2018.
Does any one hear this news?

More Explanation:

It is regret that we must inform all of you that the Home Office have just announced the following: •Tier 1 General visa holders can only apply for Tier 1 General visa extensions up until 6th April 2015 and after this date, no more Tier 1 General visa extensions will be processed. Please note that should you have initially been granted a 2 year visa followed by a 3 year extension, you will only be granted a 2 year extension if you apply up until 6th April 2015. Should you have received an initial Tier 1 General visa of 3 years followed by a 2 year extension, you will be granted a 3 year extension up until 6th April 2015.


•Tier 1 General visas now only have until 6th April 2018 to apply for ILR and if you apply the rule change above, this means that only those Tier 1 General holders that were granted an initial 3 year visa and apply for another visa extension just before 6th April 2015 can make it all the way to April 2018. If you were granted an initial 2 year visa when you first got a Tier 1 General visa, you will only be able to get yourself to April 2017 if you apply for another extension just before 6th April 2015.


•I am sorry to say that should you not be able to secure Indefinite Leave to Remain by April 2018, your only options would be to either return to your home country or switch onto another visa category. The trouble is, the only other visa category you could realistically switch into would be the Tier 2 General visa and your earnings from the employer would need to be higher than £35,000 per annum to qualify for ILR from 2015. Whilst you can put a Tier 1 General visa and a Tier 2 General visa together to make the 5 years for ILR, you could not be self-employed; you cannot operate through your own limited company and need an employer with a Sponsorship License to sponsor your application. You could always try and switch onto a Tier 1 Entrepreneur visa with a £200,000 investment but the 5 years for ILR would start all over again (as you cannot combine the time on the Tier 1 General visa with this category).


•There are many clients that have not been able to apply for ILR after 5 years on a Tier 1 General visa FYI due to the following main reasons: 1) Breaking the maximum 180 day a year time outside requirement 2) Receiving a police warning, caution, criminal record or other fine in court such as a County Court Judgement (CCJ) or traffic offences.

[mrvaibhavpanchal]

Any update on this one?

Since there are multiple tangents running on this post, I have created another post http://www.immigrationboards.com/uk-tie ... 45715.html which explains the "many" users who came late are affected (Ironically I am 1 day short).

I hope someone would be able to provide an answer in simplified manner which can help all of us with gaps for ILR.