T1(G) Extension - strange situation

[sharpattack]

Hello, I have an interesting situation...

First applied for Tier 1 General :
11/2008 (3 years)

Extended for two years:
11/2011 ( 2 years)

I then took a job in Australia for 16 months (11/2011 - 04/2013)

Extended for three years again under T1(G):
11/2013 ( 3 years)

SO.. my continuous leave was broken, I accept that. That means that my qualifying period for continous leave is:
04/2013 - 04/2018

BUT, with extensions being stopped from 04/2015 - am I able to get further three year extension?? If so, I will just make it to 2018, where I can then apply for ILR. That would be apply well in advance of when my current leave expires. But if they will give me a further 3 years then it will be okay. I will post my application in next March.

My other option is to switch to spouse visa ( I am married to british citizen), but that would start my 5 year period again, which I don't want to do.

Please help if you can advise on what the policy is. I think everyone applying next April should get extended for further three years.


Ryan

[haiksuresh]

Hello, I have an interesting situation...

First applied for Tier 1 General :
11/2008 (3 years)

Extended for two years:
11/2011 ( 2 years)

I then took a job in Australia for 16 months (11/2011 - 04/2013)

Extended for three years again under T1(G):
11/2013 ( 3 years)

SO.. my continuous leave was broken, I accept that. That means that my qualifying period for continous leave is:
04/2013 - 04/2018

BUT, with extensions being stopped from 04/2015 - am I able to get further three year extension?? If so, I will just make it to 2018, where I can then apply for ILR. That would be apply well in advance of when my current leave expires. But if they will give me a further 3 years then it will be okay. I will post my application in next March.

My other option is to switch to spouse visa ( I am married to british citizen), but that would start my 5 year period again, which I don't want to do.

Please help if you can advise on what the policy is. I think everyone applying next April should get extended for further three years.


Ryan

yes you are correct. next extension will be 3 years. But apply via postal and mention covering letter saying 245(b) rule and ask them to give extension for 3 years. then it should be fine for you.


Regards,
suresh

[sharpattack]

sensational! Thanks Suresh, great help, I will enquire about what a 245(b) rule is.. I had never heard of that. Makes sense to have a rule like that, as a 2 year extension would be no good for me at all.

[fusion2014]

Hello, I have an interesting situation...

First applied for Tier 1 General :
11/2008 (3 years)

Extended for two years:
11/2011 ( 2 years)

I then took a job in Australia for 16 months (11/2011 - 04/2013)

Extended for three years again under T1(G):
11/2013 ( 3 years)

SO.. my continuous leave was broken, I accept that. That means that my qualifying period for continous leave is:
04/2013 - 04/2018

BUT, with extensions being stopped from 04/2015 - am I able to get further three year extension?? If so, I will just make it to 2018, where I can then apply for ILR. That would be apply well in advance of when my current leave expires. But if they will give me a further 3 years then it will be okay. I will post my application in next March.

My other option is to switch to spouse visa ( I am married to british citizen), but that would start my 5 year period again, which I don't want to do.

Please help if you can advise on what the policy is. I think everyone applying next April should get extended for further three years.


Ryan

yes you are correct. next extension will be 3 years. But apply via postal and mention covering letter saying 245(b) rule and ask them to give extension for 3 years. then it should be fine for you.


Regards,
suresh

Do you mean rule 245CB ?

It says as follows
-----------------
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 in all other cases, leave to remain will be granted for a period of 3 years.
---------
How Could the 3 years extension possible with this applicant who falls under rules of before apr-2010?

[bond.boy203]

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.


The key here is last granted, so his last granted was post 2010 and there has been number of instances in this forum where people have got 3+2+3. Just do random search and you will find it.

[O_Relly]

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.


The key here is last granted, so his last granted was post 2010 and there has been number of instances in this forum where people have got 3+2+3. Just do random search and you will find it.

This text is the most unclear amongst all other ukba / ukvi documentation I have come across.

It can also be interpreted as the last granted (although post April 2010) was based on the rules in place prior to April 2010.

That said, clearly the inference is the former as many folks in the forums experience has been, and as has been mine as well, went for 2nd extension last Tuesday and got it for 3 yrs.

[haiksuresh]

For my case 2nd extension they gave me 2 years, And then i wrote a letter to caseworker saying about this rule. Then they corrected my duration sent a new BRP.

[sorento]

For my case 2nd extension they gave me 2 years, And then i wrote a letter to caseworker saying about this rule. Then they corrected my duration sent a new BRP.

Are you granted a 3 year visa on your second extension where rules before 6 April 2010 were applied? How did you explain to the case worker? I am in very similar case to require a 3 year on 2nd extension to meet 5 consecutive years requirement.

T1 G: May 2010-May 2013 Rules before 6 Apr 2010 were applied
First extension: May 2013-May 2015
3+2
Time outside UK over 180 days.
ILR five year time counted: Feb 2013-Feb 2018

Second extension for 3 years required otherwise shortfall. 3+2+3

[Shazzy001]

I am wondering if someone can help me. I applied tier1 extension last year in May that was refused as my solicitor did not send the bank statements as 2nd proof with payslips. I went into appeal but lost and exhaust the appeal. I re-applied with in 28 days and provided p60, income statement and letter from HMRC confirming my income and tax for last year. Home office refused my visa again saying P60 and income statement from employer are the same source. Whereas they did not consider or mentioned HMRC letter at all. I am shattered really as i have no right of appeal. My question is if letter of HMRC and p60 or income statement from employer are not different sources? And what is my options now?