Tier 1 ext - out of country 180+ days

[Elishalondon]

Hi,

My visa expires May 2016 and I have only just heard that you can't extend after April next year.

I'm actually living and working in the USA for 1 year and wanted to know, if I return to the uk before April and apply to extend will I be eligible? Two questions:

- Do you have to be in the country for a period of time before extending (I.e the 180 days, or does that only apply to ILR extensions?)

- Do you have to earn any amount in the UK in the year prior to be eligible to extend?

Thank you.

[tier1-immigrant]

180 days rule is for ILR. It will not affect your Tier1 extension (as long as you meet your earnings criteria for tier1 extn).
However you need to assess your eligibility for ILR, given no ILRs after April 2018, if you wish to go for ILR before 2018.
Assume you apply for ILR on 5th April 2018, you should not have been outside of UK for more than 180 days during below periods.

6 April 2017 5th April 2018
6 April 2016 5th April 2017
6 April 2015 5th April 2016
6 April 2014 5th April 2015
6 April 2013 5th April 2014

[Elishalondon]

Thank you. I won't meet the 180 days (this is so unfortunate as I wouldn't have come to the USA for this time had I know about this first).

However I understand I can extend, and there is no requirement for anyone of the earnings to be made in the uk for the extension?

[tier1-immigrant]

All of your earnings can be from your job outside UK. Suggest run yourself through the points calculator on ukba site.
points dot homeoffice dot gov dot uk/gui-migrant-jsf/SelfAssessment/SelfAssessment.faces

[tier1-immigrant]

My first response was with the assumption that you are employed by an employer in USA, and not that your employer is a UK company based in UK and you were deputed on an assignment to USA (which is a different scenario).