Tier1 General Extension and Naturalisation

[khurramalvi]

Hi,

I am on Tier1 General Visa; it is valid from 16/10/08 till 16/10/11. I landed in UK on 3/12/08. I am planning to do full-time MSc degree in UK. My extension is due this year October. I am planning start MSc degree from this year September after extension. For extension I meet criteria so there is no problem with it. Considering current visa policies, there are few questions in my mind for naturalisation or getting indefinite visa in future.

1. Can I do full-time studies on Tier1 General visa?

2. Can I apply extension one month before expiry of current Tier 1 visa i.e. 16 Sep 2011?

3. For indefinite visa do I need to show that I was continuously on job for 5 years?

4. If I start full-time MSc degree programme then there will be gap in job for at least 12 months. Does this affect indefinite visa process?

5. Is there any particular income I have to show for indefinite visa?

6. For indefinite visa I have to complete 5 years before submission of application but there will be a gap as I landed approximately two months after getting first Tier1 visa? Do I need to apply extension for two months or can I directly apply for indefinite visa?

Thanks very much.

[khurramalvi]

Hi,

Can gurus out there help me in understanding visa requirements.

Best Regards

[vks]

Check with the uni that they accept T1 Visa for a full time study.

For an international student, most of the universities ask for a Tier 4 student Visa.

[khurramalvi]

Thanks for the advice. I will check with uni, if there is any problem. I think Tier1 General allow you to do anything in UK but I will double check with uni.

[jimmymcad]

Hi there,

1. There is no restriction of studying under Tier1 visa.

You need points at the end to apply for extensions. This is tricky that your employer will let you study full time while you are working full time. So if you opt for full time study, no salary points means if you need an extension, you can claim for salary points. Hope it explains.

2. You certainly can apply extension one month before your visa expiry date. Your application should reach home office before your current visa expires.

3,4 For ILR, they are changing rules. i.e. you need to qualify for salary criteria to apply for ILR.

5. Since rules are going to change, and you need to earn salary points too, you need to check how much salary band you need to qualify then. I am not sure if that rule has been applied now or it is going to apply after April.

6. Unfortunatley, another extension as i am in the same boat too..

Hope it answers your every questions.

[khurramalvi]

Hi,

You need points at the end to apply for extensions. This is tricky that your employer will let you study full time while you are working full time. So if you opt for full time study, no salary points means if you need an extension, you can claim for salary points. Hope it explains.

I am going to apply for first extension in person, as I dont find any problem with the first extension. I worked here full-time for 2 years earning more than required salary.

For ILR, have they introduced a point system like Tier1?

For ILR, is there any requirement to work full-time till 5 years?

Please advice. Many thanks

[mk357]

Hi,

You need points at the end to apply for extensions. This is tricky that your employer will let you study full time while you are working full time. So if you opt for full time study, no salary points means if you need an extension, you can claim for salary points. Hope it explains.

I am going to apply for first extension in person, as I dont find any problem with the first extension. I worked here full-time for 2 years earning more than required salary.

For ILR, have they introduced a point system like Tier1?

For ILR, is there any requirement to work full-time till 5 years?

Please advice. Many thanks

Hi,
They haven't introduced the points system for the ILR yet but they might after April, you never know. However, for now they are saying that even if the rules are changed there would be some sort of transitional arrangement for the old people.
You have to show them your earnings fo ILR however, I am not sure whether there is any amount to show, this you would find in the Guidance notes accopanied with the ILR application that you would use.
You have to be here for 4 years and 11 months before you can apply for the ILR, any days short of that... you would need a second extension, and unfortunately I am in the same boat as well, I'll be applying for the second extension only to cover 1 and a half month.
In your case I see you are only short of 2-3 weeks, if I am correct then I would suggest you apply in the last week of the current Visa expiry and it takes them 3-4 weeks to extend the visa, and now they do it from the date they stamp the visa in which case you might get away with the 2-3 weeks deficiency.

[khurramalvi]

Hi mk357,

Thanks very much, I will read the 'Guidance notes accopanied with the ILR application' and that is a good idea to submit application in last week and compensate few weeks. After then I will be eligible for ILR next time, if they put visa stamp date.

Best Regards

[goldfish]

Hi there,

3,4 For ILR, they are changing rules. i.e. you need to qualify for salary criteria to apply for ILR.

Hi jimmymcad, what is your source for this (I mean the official statement indicating that this will or may occur)?

[gordon]

Hi there,

3,4 For ILR, they are changing rules. i.e. you need to qualify for salary criteria to apply for ILR.

Hi jimmymcad, what is your source for this (I mean the official statement indicating that this will or may occur)?

The plan, as suggested in November: Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.

[goldfish]

Thanks gordon, missed that news.

[khurramalvi]

Thanks for the news. I think there is no problem for ILR if I only need to show current extension salary criteria. By the time of ILR, I will have degree as well and it will give me more leverage means I can show lower salary as I will achieve more points in education.

The only question remaining is 'do I have to show continous employment for ILR'?

[gordon]

Thanks for the news. I think there is no problem for ILR if I only need to show current extension salary criteria. By the time of ILR, I will have degree as well and it will give me more leverage means I can show lower salary as I will achieve more points in education.

The only question remaining is 'do I have to show continous employment for ILR'?

It's difficult to predict how the UKBA intend to implement that salary criterion, but saying that applicants need to meet the same salary criterion as when they last received an extension, is not the same as saying that they need to have at least x total points in aggregated attributes as at that last extension. A conservative reading of the requirement (in its rudimentarily proposed form) suggests that if an applicant needed, say, 40 points for earnings, then the same earnings level (or perhaps range) would need to be shown at the settlement-application stage. A narrow reading of the requirement doesn't at this point allow offset of salary with additional degrees. But obviously one has to wait for the new guidance to know for sure.

On the subject of continuous employment, I'd be interested to see where that requirement of continuous economic activity for five years, is laid out. From what I can find, the economic-activity requirement is currently and variously couched in the present tense (ie the condition is met at the point of application), not in the present perfect tense:

'The applicant must be economically active in the UK, in employment or self- employment or both.'

'Evidence that the applicant is economically active in the UK in employment or self-employment or both at the time the application is made. This evidence should take the form of documents showing the applicant’s personal earnings (if they are employed) or the progress of the business (if they are self- employed).'

'The migrant is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.'

And as grounds for refusal, the verbiage is: 'Applicant is not currently engaged in economic activity'

[These examples are taken from Chapter 6A - Settlement]

[khurramalvi]

Thanks gordon, so it means I should be in continous employment to get ILR, other route can be to get self-employment till the time I complete my degree.

[mk357]

Thanks gordon, so it means I should be in continous employment to get ILR, other route can be to get self-employment till the time I complete my degree.

Hi, I would still say that even though they ask for economic activity during your 5 years stay, more important is the last year earnings. If you have sufficient income in the last year even if they introduce point system and you achieve that in the last year, I don'tsee any reason that they would refuse your application just because you were off work for one year and studies MSc. If you think you can earn the same amount as for the extension in the last year of ILR you are safe... in my opinion you should not worry.

[khurramalvi]

Thanks mk357. I will go for studies for sure then.