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Bachelor degree having tier 1 visa , doubts on tier 1 exten

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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ssuresh83
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Bachelor degree having tier 1 visa , doubts on tier 1 exten

Post by ssuresh83 » Thu Aug 13, 2009 5:03 am

Hi Guys,
A small doubt on tier 1 extension. i have got tier1 visa valid from june 09 to june 2012.I am bachelor degree Engg holder. want to know if i am eligible for tier 1 extension, once the 3 yrs is completed.Also i want to know if anybody bachelor degree holder travelling to uk this month or next for job search.expecting quick reply.

Thanks,
Suresh S
Suresh S

ash786
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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by ash786 » Thu Aug 13, 2009 9:14 am

ssuresh83 wrote:Hi Guys,
A small doubt on tier 1 extension. i have got tier1 visa valid from june 09 to june 2012.I am bachelor degree Engg holder. want to know if i am eligible for tier 1 extension, once the 3 yrs is completed.Also i want to know if anybody bachelor degree holder travelling to uk this month or next for job search.expecting quick reply.

Thanks,
Suresh S
1. Bachelors degree can be used for Tier 1 General Extension application only.

pkumar
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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by pkumar » Thu Aug 13, 2009 7:13 pm

you should also think if you don't qualify even after 5 year because if 28 days apply (i hope that's not true) and if you don't come within 90 days to uk (this is for sure) then you will need 2nd extention. Which a Bachelor's can't get (coz there is nothing like 2nd extension). Something to seriously think about and make sure you don't come to a stage where you will require 2 more extension.

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by ChetanOjha » Thu Aug 13, 2009 9:59 pm

pkumar wrote:you should also think if you don't qualify even after 5 year because if 28 days apply (i hope that's not true) and if you don't come within 90 days to uk (this is for sure) then you will need 2nd extention. Which a Bachelor's can't get (coz there is nothing like 2nd extension). Something to seriously think about and make sure you don't come to a stage where you will require 2 more extension.
Can you please post link where it is mentioned that you cannot get 2nd extension?

ash786
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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by ash786 » Fri Aug 14, 2009 3:23 am

pkumar wrote:you should also think if you don't qualify even after 5 year because if 28 days apply (i hope that's not true) and if you don't come within 90 days to uk (this is for sure) then you will need 2nd extention. Which a Bachelor's can't get (coz there is nothing like 2nd extension). Something to seriously think about and make sure you don't come to a stage where you will require 2 more extension.
1. Totally wrong u wud not be given more than 1 extension in any case.
2. 3 years initial application and 2 years in extension and thats the policy.

I do not understand where did u get this information from for the 2nd extension so please let us know about it.

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by ChetanOjha » Fri Aug 14, 2009 7:52 am

ash786 wrote: 1. Totally wrong u wud not be given more than 1 extension in any case.
There is not such rule as far as I know. Can you provide link to confirm this information? A person can go for second extension if he need to qualify for ILR period.

ssuresh83
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Post by ssuresh83 » Fri Aug 14, 2009 9:13 am

Please clarify following

1.Now i am holding tier1 general visa valid from june 2009 to june 2012.i am planning to go by january 2010. will be there be a problem ,as i am going after 6 months

2. Once i completed initial visa 3 yrs period , can i apply for extension with bachelor degree.

3. Can you please explain what is that 28 days period , 90 days period issue clearly.

Many Thanks and Regards,
Suresh S
Suresh S

ving
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Post by ving » Fri Aug 14, 2009 9:42 am

Pkumar, i could not understand your post though i read it for 4 times, sorry.

ssuresh83, here you go through the below content which may clarifies your questions.

<-----“18.2.1.2 The residence requirements referred to in 18.2.1.1 above are that
the applicant was:
a. in the UK at the beginning of the period of 5 years ending with the
date of the application; and
b. not absent from the UK for more than 450 days in that 5 year
period; and
c. not absent from the UK for more than 90 days in the period of 12
months ending with the date of the application; and
…â€

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by tvn_ramesh » Fri Aug 14, 2009 11:53 am

chetanojha wrote:
ash786 wrote: 1. Totally wrong u wud not be given more than 1 extension in any case.
There is not such rule as far as I know. Can you provide link to confirm this information? A person can go for second extension if he need to qualify for ILR period.
@ash n pkumar:
Completely second Chetan's view..

@Suresh
ssuresh83 wrote:1.Now i am holding tier1 general visa valid from june 2009 to june 2012.i am planning to go by january 2010. will be there be a problem ,as i am going after 6 months

2. Once i completed initial visa 3 yrs period , can i apply for extension with bachelor degree.

3. Can you please explain what is that 28 days period , 90 days period issue clearly.
1. NO, it shd be fine
2. Rules as of now, YES you can
3. Please dont get confused.. its not clear, let him comeback with clear views..

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by pkumar » Fri Aug 14, 2009 6:35 pm

Sorry Guys ... I was not clear ... all i wanted to say was the there IS NOTHING LIKE SECOND Ext .... so if you are bachelor and you missed 5 year ILR then only option you have is Work Permit (for bachlor's only).

Basically friend of mine told me that all they will tell you is that you do not qualify for ILR (if you broken the rule) please come next year. Now how you will manage for next 1 year .. it's up to you ... for Master's (as of now) can apply for new Tier 1.

Sadly this will be a big shocker to most of the people if there is no second extension ... and specially who have applied just to secure one and not planned. Trust me most of the people won't even realise this (as they will think it's 5 years down the line ... we will see then ... )

Personally we all are assuming the second extention is exactly like 1st ... but i have read (officially) no were about second extention and heard from no one who got one ... which at the least makes me believe that there are few cases were people don't meet ILR but with Tier 1 + bad economy is making people break the ILR rule ... earlier in HSMP .. market was great and people came right away to work.

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by ash786 » Fri Aug 14, 2009 6:51 pm

pkumar wrote:Sorry Guys ... I was not clear ... all i wanted to say was the there IS NOTHING LIKE SECOND Ext .... so if you are bachelor and you missed 5 year ILR then only option you have is Work Permit (for bachlor's only).

Basically friend of mine told me that all they will tell you is that you do not qualify for ILR (if you broken the rule) please come next year. Now how you will manage for next 1 year .. it's up to you ... for Master's (as of now) can apply for new Tier 1.

Sadly this will be a big shocker to most of the people if there is no second extension ... and specially who have applied just to secure one and not planned. Trust me most of the people won't even realise this (as they will think it's 5 years down the line ... we will see then ... )

Personally we all are assuming the second extention is exactly like 1st ... but i have read (officially) no were about second extention and heard from no one who got one ... which at the least makes me believe that there are few cases were people don't meet ILR but with Tier 1 + bad economy is making people break the ILR rule ... earlier in HSMP .. market was great and people came right away to work.
U first post was very confusind but now its making a sense. I do not understand that what are the reasons that u will miss 5 years ILR. If u have completed the 5 years period then wats stopping u from ILR.

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Post by ashishashah » Fri Aug 14, 2009 8:11 pm

If you already have HSMP then Masters rule doesnt apply to you..
You can have as many extensions as you want...One of my friends got extension although he had no Masters degree.

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by ChetanOjha » Fri Aug 14, 2009 11:49 pm

pkumar wrote:Sorry Guys ... I was not clear ... all i wanted to say was the there IS NOTHING LIKE SECOND Ext .... so if you are bachelor and you missed 5 year ILR then only option you have is Work Permit (for bachlor's only).

Basically friend of mine told me that all they will tell you is that you do not qualify for ILR (if you broken the rule) please come next year. Now how you will manage for next 1 year .. it's up to you ... for Master's (as of now) can apply for new Tier 1.

Sadly this will be a big shocker to most of the people if there is no second extension ... and specially who have applied just to secure one and not planned. Trust me most of the people won't even realise this (as they will think it's 5 years down the line ... we will see then ... )

Personally we all are assuming the second extention is exactly like 1st ... but i have read (officially) no were about second extention and heard from no one who got one ... which at the least makes me believe that there are few cases were people don't meet ILR but with Tier 1 + bad economy is making people break the ILR rule ... earlier in HSMP .. market was great and people came right away to work.
You can go for second extension. Nothing is stopping you for second extension. I don't understand why you will be denied second extension.
As far as I am aware you can go for second extension unless you can provide any link supporting yor view.

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Post by fahadz1 » Sat Aug 15, 2009 1:18 am

i heard 90 days in a year.

so year start from the month you got HSMP or its from January to december ?

like i got in June so June to next june is is my one year for 90 days rule or it is applicable from January to December ?

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Post by push » Sat Aug 15, 2009 2:22 am

fahadz1 wrote:i heard 90 days in a year.

so year start from the month you got HSMP or its from January to december ?

like i got in June so June to next june is is my one year for 90 days rule or it is applicable from January to December ?
All such periods are counted from the date of your first entry into UK
regards,
push
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Post by fahadz1 » Sat Aug 15, 2009 2:27 am

its not clear !!
my first date of entry was 6 years before on student visa ? 5 year rule will start when i got HSMP right ?

so as i said i got in Month of June so 90 days absence are from june to june ? or its January to december ?

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Post by push » Sat Aug 15, 2009 3:01 am

HSMP
June-June
regards,
push
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Post by ssuresh83 » Tue Aug 18, 2009 2:16 pm

Thanks for the reply guys!! . one more doubt


When will the Counter starts i.e i got my tier 1 on june 2009 . so my counter starts the days i got the visa or my first entry in to uk.
Suresh S

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Post by tvn_ramesh » Tue Aug 18, 2009 2:25 pm

ssuresh83 wrote:Thanks for the reply guys!! . one more doubt


When will the Counter starts i.e i got my tier 1 on june 2009 . so my counter starts the days i got the visa or my first entry in to uk.
on ur first entry..

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Post by pkumar » Tue Aug 18, 2009 7:22 pm

I am not sure what this counter means and if someone should be happy or sad when it starts.

I always felt that your counter for ILR (5 years) starts at the start of your visa. Now you have to meet the residency requirement which is entering 28 days from start of visa (not sure about that but few people have been talking about) .. also not being out of country for 90 days continious, etc ... now if you enter after 6 months of start of your visa then you SURELY have to get 2nd entention (no one is 100% sure of if it exist) ...

So having said that ... i guess someone will tell me how much relevant is "counter" start ... coz i all follow is ILR counter and that starts from visa start date.

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Post by push » Tue Aug 18, 2009 8:59 pm

pkumar wrote:I am not sure what this counter means and if someone should be happy or sad when it starts.

I always felt that your counter for ILR (5 years) starts at the start of your visa. Now you have to meet the residency requirement which is entering 28 days from start of visa (not sure about that but few people have been talking about) .. also not being out of country for 90 days continious, etc ... now if you enter after 6 months of start of your visa then you SURELY have to get 2nd entention (no one is 100% sure of if it exist) ...

So having said that ... i guess someone will tell me how much relevant is "counter" start ... coz i all follow is ILR counter and that starts from visa start date.
You can count the eligibility period for ILR i.e. stay of 5 years in UK only after you physically enter UK. To clarify further, the ILR (to be changed soon) condition does not state that you should have held the VISA for 5 years rather you should have stayed for 5 years in UK in one of the eligible VISA categories like Tier-1, HSMP or WP.

If someone enters UK say after 6 months of VISA approval, when they have stayed 4.5 years in UK they will need to extend their leave. Thats where the Tier-1 guidance and form come into picture which talk about extension irrespective of how long you have stayed in Tier-1 (It could be 3 years or 4.5 years in this case). The guidance or the form do not say anything to suggest that the extension after extension is not permitted. All you need to do is to satisfy the conditions in place at the time of extension which too are not material different from those applicable at the time of initial approval and if so, generally transition arrangements are provided for.

This is from the link above:
Can you apply to extend your stay?
You can apply to extend your stay if you are:

already in the United Kingdom under the highly skilled worker category and want to extend your permission to stay within your existing category; or
already in the United Kingdom under the Highly Skilled Migrant Programme, want to extend your permission to stay and are eligible to switch into the highly skilled worker category.
See 245 D & E as well in the immigration rules

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Post by fahadz1 » Sun Aug 23, 2009 4:14 am

Hi Push,

Can you please describe me in more detail what is counter reset ?
how its work ? i know if u out of UK for more than 90 days then what happen ?
so we need extension with same fee for we did in our first extension ?

please let me know in detail.

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by fahadz1 » Sun Aug 23, 2009 4:17 am

hi Chetanjo please tell me what is 2nd extension ? what are its conditions and how it work out ?

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Re: Bachelor degree having tier 1 visa , doubts on tier 1 ex

Post by vinny » Sun Aug 23, 2009 6:52 am

fahadz1 wrote:hi Chetanjo please tell me what is 2nd extension ? what are its conditions and how it work out ?
See push_hsmp's post.
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