Need advise on Extension !!

[santosh_kalluri]

Hi All,

Thanks a lot for the quick response as always, need your help to understand if I can apply for a visa now.

I worked in UK from Feb 2005 - Oct 2006 on Workpermit, then applied my initial HSMP got approval before Nov 2006, went to India, got HSMP Stamped in Jan 2007, came to UK in March 07, renewed HSMP to Tier 1 in Jan 09 which is valid until Jan 2012.

In the meanwhile, in Aug 2010 I applied for ILR because I completed 5years 5 months, I thought that would compensate for my 4 month break I was India, although I understand that any break more than 90 days isnt considered, I did put all the proofs (Medical leave, Surgery and Intensive care etc) they still REJECTED my ILR application, and asked me to reapply in 2012 (they accounted my new stay from March 2007). I was then transferred to Singapore in Oct 2010 (internal company transfer) worked in SG for 8 months (until June 2011), took a month's break in India, before coming back to London again last week.

Now couple of questions...

1) As I worked for same company in diff country, do you think I will still qualify for ILR in 2012 (although I was outside UK for > 90days again)?

2) My Visa runs out in Jan 2012, I am currently without job, my prev job finished in Jun 2011, can I start applying for Tier 1 extension even if I dont have a job/job offers? (I have my pay slips and bank statements for 1 year (4 Months UK + 8 Singapore) showing my economic activity.

I saw a point on Tier 1 extensions that is a bit confusing...can anyone tell me what this means? I am applying for a Tier 1 Extension and my prev earnings are spread over 2 countries, would I have any problem?

"Where you have earnings from more than one country, the points-based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made, to provide a total that is equivalent to the UK value of earnings.

An uplift ratio will not be applied to any earnings made while you were in the UK working for an overseas company. If you are already in the UK under Tier 1 (General) and you are applying to extend your stay, you cannot claim uplift rations on any overseas earnings."

Sorry for the massive post, hope someone undestands/been through a similar situation.

Cheers,
Santosh.

[karg_g]

Hi Santosh,

Feel bad for your situation, but its not the end of the world.

1) You could potentially qualify if your employer can write a letter stating the same. But if you were not paid in UK (read if you did not pay your taxes to Her Majesty) then its difficult to say.

2) You can not use uplift ratio's for T-1 Extn. However, you can start your company here in UK and work anywhere in the world and claim points for UK experience.

Simply put as long as you pay Her Majesty the taxes , your welcome in UK

I am not very sure abt ILR, but if possible get an extension done just to be on the safe side. (Look into Option#2 seriously)

Cheers
Karg

[santosh_kalluri]

2) You can not use uplift ratio's for T-1 Extn. However, you can start your company here in UK and work anywhere in the world and claim points for UK experience.

Simply put as long as you pay Her Majesty the taxes , your welcome in UK

Thanks for the effort, however, am not trying to start my company here, I am searching a job and as soon as I find one, I want to apply extension under Tier 1 rules. If I cant claim uplift points for the last 8 months I was earning in Foreign Currency, can I use my payslips and bank statements for last year? Does it work that way? The rules say I should only show last 15 months (If not continuous employment for last 12 months).

Does anyone know what I am talking about? can the senior team members/admins take a look at my request pls?

Your answer depends on my continuation in UK. Kinldy Help !!

Regards,
Santosh.

[goldfish]

As I understand, you can't be out of the UK for 90+ days in a row. The reason is irrelevant (business or personal). If you are out for more than 90 days, your counter for ILR starts again when you return to the UK and you need 5 years from the day you arrive back. You know that because it's the reason your ILR application in Aug 2010 was rejected. If you search for absences you will find lots of posts about this subject.

[santosh_kalluri]

As I understand, you can't be out of the UK for 90+ days in a row. The reason is irrelevant (business or personal). If you are out for more than 90 days, your counter for ILR starts again when you return to the UK and you need 5 years from the day you arrive back. You know that because it's the reason your ILR application in Aug 2010 was rejected. If you search for absences you will find lots of posts about this subject.

Thanks for the quick reply, I agree but I want to understand if I can apply for the FLR (extension) again although I had a break for 8 months recently.

Can I re-apply for extension using 8 months of Singapore payslips and 4 months UK payslips etc? Does it work that way for Tier 1 Extension (pls refer to my initial post) thanks again.

[goldfish]

I was responding to question (1) in your original post which was about ILR.

If your question is about extending your Tier 1 visa, you can search the forum for "early extensions" (I think there is a sticky).

[santosh_kalluri]

Thanks for the info on ILR, am not too worried about that now, can you still help on the extension pls? there is not much info on the early extensions sticky (however, my case is not an early extension)

My current permission to stay is an extension of HSMP under JR (FLR which was stamped as Tier 1 General) as per the rules then, now my visa runs out in Jan 2012 (valid from Jan 2009-Jan-2012), and I was away from UK (working in a foreign country from Sep 2010 to July 2011, my funds of UK + foreign country earnings meet the amount requirements) but am unable to verify any document or any post that says that I can apply for another extension based on my previous earnings from outside UK. As per my previous post there was a contradicting point that I cannot apply for extension with earnings from a foreign country, can anyone verify this for me pls?

Anybody got any ideas pls?

Thanks a ton in advance.