What should I do (on T1)?

Post by **geriatrix** » Mon Dec 13, 2010 3:13 am

You may wish to apply for extension early or wait until close to your visa expiry. Your choice!

Until such time that the govt. / UKBA announces any changes to immigration rules regarding leave to remain (extension) for existing Tier 1 (General) migrants, the rules remain as specified in Part 6A (245AA-245G) and Part 8 (319A-319K) of the immigration rules.

For any formal announcement on the matter, keep an eye on UKBA website.

regards

xor · Post by **xor** » Mon Dec 13, 2010 1:57 pm

I suggest to extend the visa twice before Apr to avoid any uncertainty. The first extension will be decided according to 3+2 rule in 2009 and then the second extension will be decided according to 2+3 rule introduced in 2010. So you'll end up with a 3 years extension.

ukswus · Post by **ukswus** » Mon Dec 13, 2010 2:09 pm

xor wrote:I suggest to extend the visa twice before Apr to avoid any uncertainty. The first extension will be decided according to 3+2 rule in 2009 and then the second extension will be decided according to 2+3 rule introduced in 2010. So you'll end up with a 3 years extension.

What are you talking about? Why would he be considered under 2+3 rule the second time he extends? His initial visa was for 3 years!

xor · Post by **xor** » Mon Dec 13, 2010 2:21 pm

[quote="ukswus"]
What are you talking about? Why would he be considered under 2+3 rule the second time he extends? His initial visa was for 3 years![/quote]

From the immigration rule:

245D. Period and conditions of grant
(b) Leave to remain will be granted for a period of 3 years, to an applicant who has, or was last granted,
leave:
(i) as a Tier 1 (General) Migrant under the rules in place on or after 6 April 2010,

When he applies for the second extension, his last LTR (the first extension) is granted after 2010 April. So he'll get 3 years from the second extension.

ukswus · Post by **ukswus** » Mon Dec 13, 2010 3:20 pm

xor wrote:
ukswus wrote: What are you talking about? Why would he be considered under 2+3 rule the second time he extends? His initial visa was for 3 years!
From the immigration rule:

245D. Period and conditions of grant
(b) Leave to remain will be granted for a period of 3 years, to an applicant who has, or was last granted,
leave:
(i) as a Tier 1 (General) Migrant under the rules in place on or after 6 April 2010,

When he applies for the second extension, his last LTR (the first extension) is granted after 2010 April. So he'll get 3 years from the second extension.

Others may disagree with me, but I think if one wants to extend in the way you have suggested, based on 245D, he will tread on thin ice. First of all, I think that the phrase "under the rules in place on or after 6 April 2010" means only those people who had to comply with salary/education requirements introduced after that date, and not people admitted earlier. Secondly, I am not sure if UKBA will even consider a third application so soon after approving the second one.

However, I would be interested to hear other people's views on this.

xor · Post by **xor** » Mon Dec 13, 2010 3:37 pm

The OP's first extension will be considered according to the rule in place after 2010 April. Though the rule says that he can score the same points as it is considered under 2009 rule, it is still the 2010 rule that his application is decided according to.

The only requirement for extension is set out in the immigration rule 245C (f) which says you must hold a valid and relevant visa/LTR before applying for an extension.

innocentdevil · Post by **innocentdevil** » Mon Dec 13, 2010 4:28 pm

why do you want to have unnecessary extensions. its one over my heads

xor · Post by **xor** » Mon Dec 13, 2010 4:33 pm

[quote="innocentdevil"]why do you want to have unnecessary extensions. its one over my heads :lol:[/quote]

The first early extension will result in shortfalls of the 5 years qualifying period for ILR therefore a second one is necessary.

innocentdevil · Post by **innocentdevil** » Mon Dec 13, 2010 4:48 pm

hmmmm... OK. i don't understand how a shortfall can occur. if for example, i got my tier1 on lets says 12 nov 2006 (for 2 years), it would have ran out on 12 nov 2008 at which point i would have applied for extension (further 3 years) and would have gone up to 12 nov 2011.

wf · Post by wf » Mon Dec 13, 2010 5:06 pm

xor wrote:The OP's first extension will be considered according to the rule in place after 2010 April. Though the rule says that he can score the same points as it is considered under 2009 rule, it is still the 2010 rule that his application is decided according to.

The only requirement for extension is set out in the immigration rule 245C (f) which says you must hold a valid and relevant visa/LTR before applying for an extension.

My understanding is all extensions will be decided under the rules in place when the initial visa was granted. Hence same points allocation and same length of 2 years in this case.

wf · Post by wf » Mon Dec 13, 2010 5:09 pm

innocentdevil wrote:hmmmm... OK. i don't understand how a shortfall can occur. if for example, i got my tier1 on lets says 12 nov 2006 (for 2 years), it would have ran out on 12 nov 2008 at which point i would have applied for extension (further 3 years) and would have gone up to 12 nov 2011.

You are assuming the visa holder enters on the same day their visa starts. If they enter after that date, there is leeway of 28 days, any longer than that they will require a 2nd extension.

ie: they enter on 30 dec 2006. On the 12 Nov 2011 their 2nd extension has run out but they have been in the UK less than 4 years 11 months, so are not eligible to apply for ILR.

silverline · Post by **silverline** » Mon Dec 13, 2010 5:21 pm

Sorry but "xor" 's suggestion does not hold water.

To date home office apply extention rules in place when initial leave was granted. It does not matter if extention rules change again in April 2011. He will get 2 year extention.

xor · Post by **xor** » Mon Dec 13, 2010 11:04 pm

[quote="silverline"]Sorry but "xor" 's suggestion does not hold water.

To date home office apply extention rules in place when initial leave was granted. It does not matter if extention rules change again in April 2011. He will get 2 year extention.[/quote]

245D is quite clear about this. His first extension will decided according to the rule in place today, though according to the rule his application will be assessed against the same criteria as of 2009 rule but it's still the current 2010 rule in place. So when he applies for the second application, he will be granted 3 yrs extension according to 245D (assuming he meets all other requirements).

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What should I do (on T1)?

What should I do (on T1)?