Hi All,
I am writing to you to discuss my below queries for the Tier 1 (General Migrant) extension and ILR application this year.
Please find below the timelines for my Tier 1 Visa stamping
• Initial Tier 1 Visa Approved: April 2010 till April 2013
• Entry into UK: 22nd August 2010
• 1st Visa extension: April 2013 - April 2015
2nd Tier 1 Extension Query
I have lived in UK from August 2010 till June 2014. However from June 2014 till now (Jan 2015) I had to leave UK to support my parents. The reason for this long absence was that my mother was ill and I had to return to support her. I have the medical reports to substantiate this claim.
I am planning to return to UK in Feb and apply for my 2nd Tier 1 visa extension in March. As per my understanding as long as I meet the points (95 points) criteria I should be able to get the extension.
Q1 -> is there any clause or conditions which prohibits someone from applying for Tier 1 extension if they were away from UK for extended period of time? I could not find any such guideline in the application form. I would appreciate if you could confirm this ?
Q2 -> My wife has the Tier 1 dependent visa till April 2015. So do I need to apply for her Tier 1 extension in April 2015 along with me or can she directly apply for ILR with me on Oct 2015 ? She has a Singapore passport so can enter UK without needing a visa for up to 3 months. Would you recommend me spending 2,000 GBP for her application as well?
She has lived with me in UK for 2.5 years (Jan 2011 – June 2014) and as per the requirement mentioned below is eligible for ILR application. However I am not sure if she has to have the Tier 1 Visa during the period of April – Oct 2015
a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).
ILR Application Query
Once I get the Tier 1 extension I am planning to apply for ILR in October 2015. I have calculated the number of days of absence in each year and I fall within the 180 day limit.
YearNO to_date from_date Total days
Year 5 01-Oct-15 01-Oct-14 152 days
Year 4 30-Oct-14 01-Oct-13 117 days
Year 3 30-Oct-13 01-Oct-12 53 days
Year 2 30-Oct-12 01-Oct-11 23 days
Year 1 30-Oct-11 01-Oct-10 21 days
Q3 -> Continuous Residence – For my ILR application as long as I have proof for my above long leave of absence (compassionate grounds) which is within 180 days then it should be fine?
Q4 -> Overseas Income – During my absence from UK for 8 months (June 2014 – Feb 2015) I was working remotely for my UK employer. Since they did not have an office in Singapore they allowed me to work remotely. I was not on their payroll, instead they paid to my own private consulting company in Singapore and I paid taxes on that income in Singapore. Do you think that will be an issue for ILR application ?
Sorry for the long query but responses to these questions will really help me in planning the next steps for settlement in UK.
Look forward to your response.
Thanks
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