Time Limit

[houman1979]

Hi Everyone,

I am currently in the UK with Tier 1 Gen visa. Due to dead job market and my business in my home country, I am going to leave the UK for 4 months and then return here in Mid August. Then, do you think there will be any problem for me (except applying for ILR)?

Regards

[aruni4470]

Hi Everyone,

I am currently in the UK with Tier 1 Gen visa. Due to dead job market and my business in my home country, I am going to leave the UK for 4 months and then return here in Mid August. Then, do you think there will be any problem for me (except applying for ILR)?

Regards

There should be no problem except for ILR.

[houman1979]

Thank you for your reply.

Regarding ILR (with current rules), if I leave the UK as mentioned and return say 15-Aug, then my 5 years period starts from 15-Aug?
In this case I should extend Tier 1 two times?

On the other hand, I read in the guidance that if the only reason to refuse ILR is long absences from the UK, they will grant a one year extend to correct this problem. This is right?

Thank you again.

[vks]

Thank you for your reply.

Regarding ILR (with current rules), if I leave the UK as mentioned and return say 15-Aug, then my 5 years period starts from 15-Aug?
In this case I should extend Tier 1 two times?

On the other hand, I read in the guidance that if the only reason to refuse ILR is long absences from the UK, they will grant a one year extend to correct this problem. This is right?

Can you quote this reference and the link that you read from?

Thank you again.

[houman1979]

Here is the link. It is old and for Work Permit but it seems that it works for Tier 1 as well (I am not sure and because of that I asked it here)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

4. ACTION WHEN ALL REQUIREMENTS EXCEPT CONTINUITY OF RESIDENCE HAVE BEEN MET
Where a person has spent less than half his time in the United Kingdom he should be refused indefinite leave to remain and not granted a further extension of stay.
Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period.

[vks]

Here is the link. It is old and for Work Permit but it seems that it works for Tier 1 as well (I am not sure and because of that I asked it here)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

4. ACTION WHEN ALL REQUIREMENTS EXCEPT CONTINUITY OF RESIDENCE HAVE BEEN MET
Where a person has spent less than half his time in the United Kingdom he should be refused indefinite leave to remain and not granted a further extension of stay.
Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period.

On the other hand, I read in the guidance that if the only reason to refuse ILR is long absences from the UK, they will grant a one year extend to correct this problem. This is right?

Good catch

As the statement you quoted is from IDI, I suggest you to write to the BIA, if you are eligible for ILR (Based on the above quote) and get a written confirmation from the Home office. That would mitigate the risk of application rejection.

Note: As mentioned by IDI, these are the guidance followed by the staff handling the applications.

[houman1979]

Thank you VKS,

Currently, I have a long journey to ILR. Then, I am concerned about my 4 months absence. It seems that there will be no problem upon my arrival here.

Then, I again repeat my previous question: if I return here after say 4 months in 15-Aug, the qualifying period will start on 15-Aug 2010 and under current rules I'll be eligible for ILR on 15-Aug 2015 (after two exentions of Tier 1)?

Regards

[vks]

Thank you VKS,

Currently, I have a long journey to ILR. Then, I am concerned about my 4 months absence. It seems that there will be no problem upon my arrival here.

Then, I again repeat my previous question: if I return here after say 4 months in 15-Aug, the qualifying period will start on 15-Aug 2010 and under current rules I'll be eligible for ILR on 15-Aug 2015 (after two exentions of Tier 1)?

Yes, but have a look at the following draft immigration bill.

What I mean is, have a short goal! You might be able to renew next time and can't gaurentee for future renewals, as the policy might change



Regards

[vks]

Thank you VKS,

Currently, I have a long journey to ILR. Then, I am concerned about my 4 months absence. It seems that there will be no problem upon my arrival here.

Then, I again repeat my previous question: if I return here after say 4 months in 15-Aug, the qualifying period will start on 15-Aug 2010 and under current rules I'll be eligible for ILR on 15-Aug 2015 (after two exentions of Tier 1)?

Yes, but have a look at the following draft immigration bill.(Edited I meant Path to Citizenship)

What I mean is, have a short goal! You might be able to renew next time and can't gaurentee for future renewals, as the policy might change



Regards

[houman1979]

Thank you VKS,

Yes, I know about the massive changes which will be introduced next years and makes citizenship much more harder and because of that I am not currently concerned about ILR very much as no one knows how could you apply for that in the future!!!!

Even, I am thinking to move to the countries which have an easier path to citizenship such as France.

Regards

[houman1979]

Hi,

I have anothe question regardin my previous one.

As per current rules, for my first extension of Tier 1, I will be assessed by previous points. But what will be for the 2nd extension (maybe in 2015)? I'll be assessed against the previous rules or according to new points?

Regards

[houman1979]

Is there any comment?

[MJNair]

According to the updated Points Calculator, you will be assesed based on your 1st application..
I am worried about this as well..
There seems to be some major changes every year since I came to the UK on HSMP..
Take a look at the UKBA website..

[vks]

Hi,

I have anothe question regardin my previous one.

As per current rules, for my first extension of Tier 1, I will be assessed by previous points. But what will be for the 2nd extension (maybe in 2015)? I'll be assessed against the previous rules or according to new points?

Regards

Previous rules, as per current law

[tier1_aspirant_del]

Hi,

I have a similar question here. I got my Tier 1 on 29th March 2010 and its start date is from 29th March but I am travelling to UK in mid may.

I understand that to complete 5 years stay I will have to take two Tier 1 extensions acoording to current Tier 1 laws at the time of stamping of my visa.

But if I apply for ILR after two Tier 1 extensions then will I be under new sweeping rules to be proposed or existing ILR rules (5 years stay in UK with no more than 180 days of absence in a year with a stretch of 90 days)?

Thanks,