Tier 1 and ILR

[hiteshdargan]

Hi

Do the main applicant and dependant have to enter UK together.

At the time of ILR does the main applicant need to satisfy the 5 yr rule or do the dependants also have to satisfy the the 5 yr rule

[tvn_ramesh]

Hi

Do the main applicant and dependant have to enter UK together.

At the time of ILR does the main applicant need to satisfy the 5 yr rule or do the dependants also have to satisfy the the 5 yr rule

ILR is granted mainly based on the parametres satisfied by the main applicant... whether it is no. of days out of UK or continuity of the Visa and switching from different visa categories as dependents will have the same visa when they come to UK..

i think for dependents to get dependent ILR, they shd stay atleast 2years in Uk before applying?? this is what i read.. will come back with more confirm answer if nobody corrects this or provides more info..

[hiteshdargan]

Hi

Do the main applicant and dependant have to enter UK together.

At the time of ILR does the main applicant need to satisfy the 5 yr rule or do the dependants also have to satisfy the the 5 yr rule

ILR is granted mainly based on the parametres satisfied by the main applicant... whether it is no. of days out of UK or continuity of the Visa and switching from different visa categories as dependents will have the same visa when they come to UK..

i think for dependents to get dependent ILR, they shd stay atleast 2years in Uk before applying?? this is what i read.. will come back with more confirm answer if nobody corrects this or provides more info..

Hi

I had expected to recieve a post dated visa , which did not happen and I am not really in a position to enter within 28 days of my visa start date.

Does this majorly mess up my chances of an ILR

Rgds

Hitesh

[tvn_ramesh]

Hi

I had expected to recieve a post dated visa , which did not happen and I am not really in a position to enter within 28 days of my visa start date.

Does this majorly mess up my chances of an ILR

Rgds

Hitesh

Look we just dont enter into UK with keeping ILR in mind because its long way and there are lots of changes that are being expected to come in force sooner than later.. so u dont need to worry about it and leave ur current position and jump into UK..

And not entering into UK within 28days wont mess up anything with ILR rules are bound to change soon.. thats all i can say. goodluck

[InUkOnHsmp]

By the way while we are talking about ILR, whats the exact rule about ILR.

I hear there is a maximum period of 180 days for which you can be out of the UK in the 5 years to still qualify for the ILR without issues.

This is just hearsay so I would request people to take it with a pinch of salt, what I am really looking for is to get some confirmation on the real rules for ILR and an idea on how short I can be from the 5 years period without risking my ILR.

Looking forward to inputs.

Regards

[hiteshdargan]

Hi

I had expected to recieve a post dated visa , which did not happen and I am not really in a position to enter within 28 days of my visa start date.

Does this majorly mess up my chances of an ILR

Rgds

Hitesh

Look we just dont enter into UK with keeping ILR in mind because its long way and there are lots of changes that are being expected to come in force sooner than later.. so u dont need to worry about it and leave ur current position and jump into UK..

And not entering into UK within 28days wont mess up anything with ILR rules are bound to change soon.. thats all i can say. goodluck

Thank you

Rgds

Hitesh

[hiteshdargan]

By the way while we are talking about ILR, whats the exact rule about ILR.

I hear there is a maximum period of 180 days for which you can be out of the UK in the 5 years to still qualify for the ILR without issues.

This is just hearsay so I would request people to take it with a pinch of salt, what I am really looking for is to get some confirmation on the real rules for ILR and an idea on how short I can be from the 5 years period without risking my ILR.

Looking forward to inputs.

Regards

Hi

As per me the rules are as follows, I would request senior members to correct me where I am wrong

- The 5 yr count down starts from you date of first entry to the UK
- You can be outside UK for a max period of 180 days and a single entry should not be more than a period of 90 days
- Travel for business is exempt, however you should have letters from your employer proving that these are business visits
- You can apply for ILR, 28 days before the the 5 yr period ends

These are rules for Tier 1 visa holders

rgds

Hitesh

[tvn_ramesh]

Hi

As per me the rules are as follows, I would request senior members to correct me where I am wrong

- The 5 yr count down starts from you date of first entry to the UK
- You can be outside UK for a max period of 180 days and a single entry should not be more than a period of 90 days
- You can not travel more than 90days in a year on total, unless it is a business related travel..
- Travel for business is exempt, however you should have letters from your employer proving that these are business visits
- You can apply for ILR, 28 days before the the 5 yr period ends

These are rules for Tier 1 visa holders

rgds

Hitesh

[ChetanOjha]

Hi

As per me the rules are as follows, I would request senior members to correct me where I am wrong

- The 5 yr count down starts from you date of first entry to the UK
- You can be outside UK for a max period of 180 days and a single entry should not be more than a period of 90 days
- You can not travel more than 90days in a year on total, unless it is a business related travel.. And can be proved by letter from your employer.
- Travel for business is exempt, however you should have letters from your employer proving that these are business visits
- You can apply for ILR, 28 days before the the 5 yr period ends

These are rules for Tier 1 visa holders

rgds

Hitesh

[InUkOnHsmp]

Thanks Hitesh, Ramesh and Chetan.

So heres my situation:

1) My initial visa was valid from Jan 2008 - Jan 2010.
2) I first entered the UK in Feb 2008 more than a month after my visa started.
3) My current visa will expire on jan 2013.
4) For arguments sake lets assume I get an in-person appointment for ILR for 31st December 2012.
5) On 31st December 2012 I would have lived 4 years and 10 months in the UK.
6) Lets assume in this period I was in India for a period of 3 months on vacation, in separate 1 month long chunks.

Would I qualify for ILR on the 31st of December 2012, or would I have to go for another Tier1 extension and then apply for ILR a month later?

Regards

[gotcha]

I first entered the UK in Feb 2008 more than a month after my visa started.

I think you need one more extension. You can apply for ILR 28 before you complete 5 years in UK. So if you entered UK on 31st Jan 2008, you can apply on or after 3rd Jan 2013. Provided satisfied other requirements.

[tvn_ramesh]

Hi InUkOnHsmp..

this is my personal opinion n my status.. MAYBE not a perfect reply for your query
i came to uk in 2007.. but as of now i am not thinking of ILR becauase:

1. Will the same current rules will stay for the people who came to UK around 2007/2008?
2. As per current rules ILR period will be 2012/2013??
3. What changes/ requirements HO will make for the ILR rules at that time?
4. Because there are some changes to come around June/July 2011 which are not clear yet..
5. If still fortunate to qualify after rule change.. then i dont mind to apply for one more extension also..
6. Just Enjoy today-Present and dont worry too much too far away..
7. Just try to stick to the ILR rules..

Again this is just my opinion not a perfect reply...

Would leave for more experienced to reply you...

[Sushil-ACCA]

Hi

As per me the rules are as follows, I would request senior members to correct me where I am wrong

- The 5 yr count down starts from you date of first entry to the UK
- You can be outside UK for a max period of 180 days and a single entry should not be more than a period of 90 days
- You can not travel more than 90days in a year on total, unless it is a business related travel..
- Travel for business is exempt, however you should have letters from your employer proving that these are business visits
- You can apply for ILR, 28 days before the the 5 yr period ends

These are rules for Tier 1 visa holders

rgds

Hitesh

now days HO is refusing business related vist which breaks 180 days rule

dont break 180 days rule overall , visit on acct of sickenss , business r refused by HO if it is breaking 180 day rule in 5 yrs period

[push]

Thanks Hitesh, Ramesh and Chetan.

So heres my situation:

1) My initial visa was valid from Jan 2008 - Jan 2010.
2) I first entered the UK in Feb 2008 more than a month after my visa started.
3) My current visa will expire on jan 2013.
4) For arguments sake lets assume I get an in-person appointment for ILR for 31st December 2012.
5) On 31st December 2012 I would have lived 4 years and 10 months in the UK.
6) Lets assume in this period I was in India for a period of 3 months on vacation, in separate 1 month long chunks.

Would I qualify for ILR on the 31st of December 2012, or would I have to go for another Tier1 extension and then apply for ILR a month later?

Regards

new rules would have come into force by the time you complete 5 years. Wait till the same are published along with guidance notes.

[InUkOnHsmp]

Thanks for the pointers, Ramesh, Sushil, gotcha and Push.

I guess theres no point in losing sleep just yet, I will wait for a couple of years before reviewing my strategy.

Cheers.