Tier 1 Renewal - When should I do it

[geriatrix]

My visa is expiring in the First week of Aug 2011, I am planning to apply for the extension sometime in late January. I don't care about 5 years period as I just need a month or two get PR. The reason why I am applying is that I moved to self-employment and bit uncertain about the future and now I can surely show my salary. This may also help me in getting new position.

What I don't want is to get my visa refused. If it gets refused by any chance, will I still be remain on the current visa and possibly reapply in future? Could you please suggest???

If extension application is refused and if such a decision is reached before your current leave expires, you will have the right to remain in the UK until the expiry of your current leave and also make another application before that (expiry) date.

If the decision (refusal) is reached after your current leave has expired, you'll be given the right to appeal the refusal.


regards

[themonsoonhunter]

Thanks.

But I don't see anywhere mentioned if I apply early, it may get refused on early application ground. Please correct me if I am wrong ?

[mulderpf]

Thanks.

But I don't see anywhere mentioned if I apply early, it may get refused on early application ground. Please correct me if I am wrong ?

You are correct.

[geriatrix]

But I don't see anywhere mentioned if I apply early, it may get refused on early application ground.

A refusal may be for not meeting any of the mandatory requirements, and applying early is not one of those (requirements).

You asked:

What I don't want is to get my visa refused. If it gets refused by any chance, will I still be remain on the current visa and possibly reapply in future? Could you please suggest???

and not "if it gets refused by any chance because of applying early, will I ...." which I guess you meant to say!

Para 48 of the policy guidance makes it clear that applications will not be refused because they were submitted earlier than expected.


regards

[themonsoonhunter]

Thanks sushdmehta, you are star.

[push]

Hi,

My current Tier 1 visa is expiring in march 2012, so I will be completing 3 years on Tier 1 in march 2012. I was on Work Permit for 1 year before I applied for Tier 1.

However I am considering applying for an extension in March 2011 (2 years on Tier 1 and 1 year on WP now) but will still be having 1 year to go, so that means I will be applying 1 year earlier.

Should that cause any problems ? I know that I will lose 1 year on my existing Tier 1, but since I was on WP for one year before that I am hoping that and the remaining time on Tier 1 would count towards settlement ?

Thanks

You should be fine.

[rshelar]

You should be fine.

Thanks push.

The only worry I have is that if they ask for all 5 year period for ILR to come out from Tier 1 instead of 1 on WP and remaining 4 on Tier 1.

Is such a mix allowed ? I think yes, but the news I am hearing is that WP wont be counting towards settlement.

[geriatrix]

You should be fine.

Thanks push.

The only worry I have is that if they ask for all 5 year period for ILR to come out from Tier 1 instead of 1 on WP and remaining 4 on Tier 1.

Is such a mix allowed ? I think yes, but the news I am hearing is that WP wont be counting towards settlement.

See 245E.


regards

[rshelar]

See 245E.


regards

Thanks sush.

I had a look that you sent, its very helpful.
The webpage says -

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator,

(v) as a Self-Employed Lawyer,

(vi) as a Writer, Composer or Artist,

(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or

(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010

In my case I spent 1 years on WP and then now on Tier 1, however I plan to apply for Tier 1 extension after just 1 yr 9 months on Tier 1 as I was on WP for 1 year 3 months earlier.

Would I be questioned why I am applying more than an year early ?

From the rule it seems clear that 1 year WP + 2 years Tier 1 + 2 Years Tier 1 extenstion should give ILR in my case. Is that correct ?

Sorry for being repetitive about the questions, its just anxiety

Thanks[/code]