Tier 1 Main applicant extn while dependent waits until ILR?

[basicblue2k]

Hello,

I have a peculiar case, I am eligible to apply for ILR from Apr 6, 2015 and my Tier 1 (General) is currently valid until 1 May 2015.

My query is if I go for another extension in between now and my ILR, Is it a must for my spouse too?

In other words can my dependent stay under the old Tier 1 visa which will be valid until 1 May 2015 for ILR application direct ?? Or does the dependent visa get invalidated once I apply for a renewal and the dependent also needs to go for Tier 1 (general) renewal with me mandatorily before applying ILR.

The intention is to avoid effort and money on visa application for my spouse.

[haiksuresh]

1) You can go for another extension before 1 May 2015, if you have enough points.
2) Its not mandatory to extend your wifes visa along with you. But you need make sure your wife should get extended before current expiry.
3) once you done ILR and before 1 May 2015 you can extend your wife's dependent visa. if you change your visa status to ILR, your wife visa will be valid until current expiry.

Note :- I believe its not required to get another extension, if you have enough points. give me your initial visa start date and when you enter to uk. So that people can help you.

Regards,
Suresh

[basicblue2k]

Visa Type: Tier 1 General
Entry Clearance: May 1, 2010
Entry Date: Jun 24, 2010 (about 55 days late)
Date of renewed Visa expiry: May 1, 2015

I am thinking of going for extension for me alone to be on the safe side.

My spouse has the same entry dates.

[haiksuresh]

You can go for ILR on or after Friday, 3 April 2015. So once you done ILR on PEO. You can extend your wife, If she was not eligible for ILR along with you.

Regards,
Suresh

[basicblue2k]

Thanks Suresh for responding so quickly.

I was quite anxious due to the April 3 timing (annual immigration rule change time) and for peace of mind thought of extending Tier 1 (General) once. But, now after speaking with a few people I have come to know that they don't extend the visa beyond the 5 year stay. The situations where the extensions may arise is:

1. may be due to clock resets due to overstaying outside for more than 180 days or
2. possibly due to late first entry in to the country beyond 180 days.

This is something I didn't know earlier.. so if I infer from that the T1(G) visa in my case can't be extended at all. My only option is ILR.

I would appreciate if someone can shed more light on this!

[sprof]

Hi @basicblue2k

I have the same thoughts re: additional extension - to be on the safer side.

Visa Type: Tier 1 General
Entry Clearance: Aug 1, 2010
Entry Date: Aug 2, 2010
Date of renewed Visa expiry: Aug 1, 2015

No long absences, no convictions (afaik), so normally me and my wife should get ILR in July 2015, but having no backup option makes me nervous.

Now, when you say:

they don't extend the visa beyond the 5 year stay

- where does this information come from?
Is it UKBA policy, or some personal experiences? Could you please clarify.

[sprof]

Any comments, guys?

Is this information regarding "redundant" extension true?

[basicblue2k]

Any comments, guys?

Is this information regarding "redundant" extension true?

I have checked with four different people in home office and they all claim that no extensions can be done and I have only choice i.e. ILR. worth starting a separate thread I think!

[alxale]

This does not make sense.. From the Immigration Rules

245CB. Period and conditions of grant
(a) Leave to remain will be granted for:
(i) a period of 3 years, or
(ii) the period the applicant needs to take his total leave granted in this category to 5
years,
whichever is the longer

So in a "redundant extension" case, it should be granted for 3 years

[sagareva]

Hello,

I have a peculiar case, I am eligible to apply for ILR from Apr 6, 2015 and my Tier 1 (General) is currently valid until 1 May 2015.

My query is if I go for another extension in between now and my ILR, Is it a must for my spouse too?

In other words can my dependent stay under the old Tier 1 visa which will be valid until 1 May 2015 for ILR application direct ?? Or does the dependent visa get invalidated once I apply for a renewal and the dependent also needs to go for Tier 1 (general) renewal with me mandatorily before applying ILR.

The intention is to avoid effort and money on visa application for my spouse.

don't forget extensions close APRIL 5TH so if you are extending you need to do it then and april 5th is a sunday

i know it sounds safe but TBH i would not do it, it's a waste of money. you need roughly same documents fro extension and ILR, except for ILR you need life in the UK test. if you entered the country you said 55 days late and you have no other over-180 day absences, you should be fine applying any time between april 4th and may 1st

I am not sure about Friday the 3rd but if you totally want you can try scheduling early morning April 4th (saturday appointment in a place like Sheffield ) for ILR, and if somehow unlikely it fails, you can then apply for tier 1 extension by post the same day -- this could work if you get appt first thing in the morning. there are huge post offices where you can post stuff same day until 5 pm on saturdays.

or if PEO says application is delayed you can vary to tier 1 extension on the same day if uncertain

that being said, i have not seen your documents or your case, but based on what you wrote here you need to stick with ILR and not over-obsess with all possible alternatives (as many of us do)

as for your wife, if she is a pre-july-2012 dependant her visa will be just as valid so long as you are yourself on tier 1

when and if you get settled, i suggest she apply for ILR as well on set (o) before 1st of may or within 28 dasy of yoru own settlement

if she is a post-july2012 dependant she should stay on PBS dependant anyway

[basicblue2k]

thank you for the advice sagareva! I think your suggestion is very rational, I have decided to go with ILR.