New rules to Tier 1 (general): 3-5 years for 2nd extension?

[svuk]

Please could you, senior members, explain the new rule for Tier 1 (General) which will take effect from 20 October 2014. Should the 2nd extension of Tier 1 (General) be 3-5 years? Thanks


7.28. A change is being made to this category to adjust the grant periods for Tier 1 (General) extensions to either 3 years (as at present) or the balance the applicant needs to take their time in the category to 5 years, whichever is longer. This allows for applicants to accrue 5 years in the category before the closing date, even if their original grant was delayed due to a refusal and appeal. The Home Office will assess what provisions are needed for indefinite leave to remain applications once all extension applications have been processed after April 2015, and will consider making adjustments in a future Statement of Changes.

https://www.gov.uk/government/uploads/s ... hc-693.pdf

[MACY]

It will be either 3 years or any time period which helps to complete 5 years, it could be 2 years as well. But extensions would be granted based on the period that is longer. lets say if you are short of 2 years to complete 5 years for ilr, you will be given 3 years. if u need 3.5 years to complete your 5 years then the extension will be given for 3.5 years instead of 3 years. so minimum extension will be 3 years and maximum could be more. but i don't think that any applicant is short more than 3 years as it was the standard when they granted visas last time.

but the bad news is after April 2015 if for some conviction or because of some offense someone wants to extend the visa to spend rehabilitation period to be able to apply for ilr will no longer available, so people who are on tier 1 general needs to be very careful after april 2015 as they wont be able to apply for ilr if they commit any offense or crime minor or otherwise.

[naveediiqbal]

Great news indeed

[bond.boy203]

Also need to keep a close watch on general elections as well as to which political party comes into power and what their views are towards immigration !

[naveediiqbal]

Does this mean now the rules for 2 or 3 years extention will not hold and every one will get min 3 and max number of years to get to five years. Can some one advise?

[Go12]

Any political party these days want to cut down immigration any how,the irony is they are ok with EU but very strict with NON EU...
It will be 3 years 2nd extension and extra years may also be given if needed.

[naveediiqbal]

So It means that I can get any years between 3 -5, considering the case I apply with my dependents who need 3.5 years to complete five years but being dependents they cant get more then what I would have then I may also ask for and get 3.5 years for every one including me to complete 5 years (though I need 3 only). Can somebody advise on this possible scenario.

[iubus2005]

Great news!! I just wish that they gave everyone applying for extension between now and April 2015. Not sure about the benefit of causing confusion for both the case workers and the applicants making it a more complex decision making process. If everyone is paying the same fees, meeting similar eligibility criteria, why not give everyone the same length of benefit i.e. 5 years? (It is like the existing guidelines that causes confusion of 2 vs 3 years, while everyone was getting a 3 year extension anyway)

Regardless, this is great news.Cheers

[naveediiqbal]

Further, the online forms / guidance are also not yet updated for these rules (still showing 2/3 years extension rules)

[iubus2005]

Also, how will it be determined how much time is left?

[kpinfo]

I fall short of 1 month and 5 days to qualify for the ILR. 1st extension was for 3 years and expiring in Feb 04 2016 but would complete 5 years in UK on Tier 1 on the March 09 2016, even if I am allowed to apply 1 month before - I will still run short of 5 days.

1. Can I apply for an early extension before April 2015 closure - meaning almost 8 months in advance - am I allowed to do this?

2. As per the new amendment being referred to, would I be just given an extension of 1 month and 5 days now or will they give 3 years extension till April 2018 lets say if I apply for an early extension on the last day of the extension closure ie april 06 2015

Regards
K

[naveediiqbal]

It seem you will get minimum 5 years, but any time if you spend 5 year period you can apply for ILR then

[naveediiqbal]

I still have a duobt on this new amendment. For example a dependent need 4 years to complete 5 and main applicant need only 3 then will they give same 4 years to both main applicant and dependent or 3 years.

[iubus2005]

I don't think situation of dependent will determine anything. Dependent a will follow main applicant. I.e., if Main applicant needs 3 years, that will be the length of extension. Dependent will only get the time that main applicant gets.
My question is how will they determine the time for main applicant? Will they ask to fill entry-exit information like ILR ? Why not just give everyone 5 years, and as and when people become eligible for ILR, they will switch. It gives everyone maximum time to work out their situation (e.g., if someone is eligible for ILR in3 years, but unfortunately has unspent conviction, he can wait some time to switch or spend the conviction).
Regardless, it is good to know that someone in Homeoffice is caring about the tier 1 general situation. This is relatively good news for all.

[naveediiqbal]

The regulation is not saying the main applicant or the dependent so you suggest main applicant if need less time to get five then dependent will get the same. which is not what the amendment is saying

[Go12]

As usual Ukba is good in issuing complicating rules,and
Keep the migrants guessing until they get ILR

[ca4nul]

How to check if this rule is actually implemented. There is nothing on UKBA website about it.

I have pre Aril 2010 case and i phone Home Office and they did not know about this rule. The lady is saying if i have my first visa before 6 April 2010 then i get 2 years extension (even if it is second extension).

[naveediiqbal]

How to check if this rule is actually implemented. There is nothing on UKBA website about it.

I have pre Aril 2010 case and i phone Home Office and they did not know about this rule. The lady is saying if i have my first visa before 6 April 2010 then i get 2 years extension (even if it is second extension).

If I were you would take a copy of the relevant statement of changes and show at my premium appointment as it is applicable from 20 Oct 2014 (please correct me if I am wrong) then they could not say that they dont know such things. Because it is from thier own website and it is for all latest amendments. They shpuld know that.

Did you quote the amendment reeference number HC693 para 7.28 while calling them. Please provide me the number so I may call and discuss as well.

[naveediiqbal]

Please do provide the number so it is in the benefit of us all that they are made aware of this change. Thanks

[ca4nul]

HomeOffice Contact Details
03001232241

[naveediiqbal]

Will try calling them soon. Thanks mate

[naveediiqbal]

with new amendment refrence

[naveediiqbal]

Update:

Just called home office and they are saying it is not yet approved / endorsed by the Parliament and they don't know when it will be so they cant comment on this up to that time.

Can someone more knowledgeable may guide us when it may get implemented. Thanks

[kiri132]

I am on ILR visa and my partner is on PBS dependent visa which expires end of Nov 2014.

My partner does not qualify for the ILR - Because she got the entry clearance visa after July 2012 and will not complete qualifying 5 year residential period.

My partner is going to apply for the PBS dependent visa by end of November 2014. According to the guidelines, she will be given three years extension.(Because I am currently hold ILR )

If she gets three year extension, then she will get total 4.5 year PBS dependent visa (including entry clearance) and require another extension (for 6 months) in 2017 to qualify for the ILR.

My question is whether she will be given 3 years or 3.5 years PBS dependent visa (to qualify ILR)?

Please advise on whether are there any opportunity to get 3.5 year PBS dependent visa to avoid additional extension in 2017.

Many thanks in advance.

[Go12]

Then why the date was given as oct20th with no one in the unaware abt it!!