Tier 1 Visa Extension

[ukindian1]

Hi All
I have been browsing through the site for answers to my questions and found some. I request you to help with rest of them. I am putting my scenario with all questions and answers to those I gathered. Please validate them as well

My Scenario
1. I have a Tier 1 visa issued after July 19 2010 guidelines, i.e., the last batch to be applied away from UK. It expires by end of Dec 2012 valid for 2 years.
2. I have never traveled to UK during this time till now
3. When I applied I had below points

a. Age : 10 points
b. Education : 30 points (bachelors)
c. Earnings : 45 points ( 75k-85k) after uplift

I was expected to get 75 and got 85 points then.

Now, I wish to extend my Visa not to lose the option of travelling and working in UK on Tier 1 in future.

My questions with some gathered answers. Please validate or help with unanswered ones.

1. Can I apply for extension from outside of UK - Ans: NO. I can only apply from within UK now

2. Can I show my overseas earnings in calculating 12 months earning points -- Ans: YES. But with no uplift

3. Is there any minimum mandatory time that I need to work in UK to apply for extension. Eg., In two years of valid visa, should I work atleast 6 months or 1 month or any such duration to apply for extension.. PLEASE ANSWER. I DON'T KNOW and I couldn't find anywhere

4. If the answer to #3 above is NO(not needed to work at all in UK for extension) would there be a risk of stopping at immigration that I have never worked in UK and entering only to extend visa without living in UK at all. PLEASE ANSWER. I DON'T KNOW and I couldn't find anywhere

5. Related to #4 above, is there any visa validity duration restriction to enter UK. Say, if I come in December to extend, my visa validity in UK would be less than a month to stay in UK. Any rule that I should enter UK with atleast 6 months valid visa or so. (Like if the passport is not valid for more than 6 months, no country issues a visa and allow to enter). PLEASE ANSWER. I DON'T KNOW and I couldn't find anywhere

6. When I applied for Tier 1, as of the date of application, my age was 34 giving me 10 points. But I had to request for return of passport due to emergency after 4 weeks within which they didnt get back and had to re-submit my passport. During this time, my age crossed to 35. Would they consider my age as 34 or 35 as per the date of application. PLEASE ANSWER. THIS IS VERY CRUCIAL AS I MIGHT LOSE 5 POINTS. I DON'T KNOW and I couldn't find anywhere

7. If my past earnings outside UK are not equalling 55-65K which I need, any way to show the remaining earnings in UK or outside.

8. Lastly, your suggestion. I am having a good job out of UK. I have to risk it and come for extension. But I dont want to miss on extension and lose UK entry option all together. If I dont get a job in UK, is it possible to come, extend and then leave UK to continue my job out of UK.

I guess too many complexities

Appreciate your feedback.

Thanks
Kris

[ferryahmed82]

I didn't understand one thing, like If you are doing good job outside UK and you are happy to live elsewhere, why did you chose to get Migrant visa for UK? Again you just want to come to UK to extend your visa and go back?

I'm not sure whether should cause any problems but for ILR, i think there is a restriction not to stay outside UK for more than 90 straight days, and a total of 180 days in 5 years time. You can get your visa extended, but at the time of ILR, I think that staying outside UK on migrant visa for complete 5 years could cause issues further.

[hsmp1412]

Technically, i think, you should be able to enter UK even with just a month's validity left on your visa. If asked at the airport you will have to convince the immigration officer that you are here for the same purpose that your visa was issued for - which is to work and make UK your home. You should also be able to get an extenstion provided you can show proof to claim enough points. However, there will be no chance of an ILR unless you actually live in the UK for 5 continuous years which means you will have to keep repeating this excercise every 3 years, of course only if you are successful this time!

[ukindian1]

I didn't understand one thing, like If you are doing good job outside UK and you are happy to live elsewhere, why did you chose to get Migrant visa for UK? Again you just want to come to UK to extend your visa and go back?

I'm not sure whether should cause any problems but for ILR, i think there is a restriction not to stay outside UK for more than 90 straight days, and a total of 180 days in 5 years time. You can get your visa extended, but at the time of ILR, I think that staying outside UK on migrant visa for complete 5 years could cause issues further.

Reason for extension - I basically want to settle in UK and dont want to lose that option forever by not extending it now since there is no chance to re apply from outside.

Why go back - Not my preference but if I dont get a good job in UK, I dont want to be jobless.

ILR - Till the market is good and get a job in UK I am ok to lose previous stays. Will restart it afresh once I get decent job and continue to live for next 5 years

[ukindian1]

Thanks hsmp1412. Are there any instances you know where people are stopped because of short duration left.

And, can you guys help with answers to rest of questions..

[hsmp1412]

Here is one case. It wasn't refused due to short visa validity duration but as the purpose of visit was not inline with the visa.

http://www.immigrationboards.com/viewtopic.php?t=93044

Sorry but I haven't heard of any other such cases.

[Manka10]

Technically, i think, you should be able to enter UK even with just a month's validity left on your visa. If asked at the airport you will have to convince the immigration officer that you are here for the same purpose that your visa was issued for - which is to work and make UK your home. You should also be able to get an extenstion provided you can show proof to claim enough points. However, there will be no chance of an ILR unless you actually live in the UK for 5 continuous years which means you will have to keep repeating this excercise every 3 years, of course only if you are successful this time!

Jus a thought, if you lie to the immigration officer & tell them that you have come to live & work, which clearly is not the case, & if you leave as soon as the leave is granted then at the time of further extension, UKBA will doubt the genuine reason why you want to extend further & might even point out that living & working was not the actual reason that the applicant gave during last extension/entry in to the UK

This could potentially mean using deception to acquire LTR

[hsmp1412]

Agree with Manka... that is a very valid risk.

[mulderpf]

It is now more likely than ever that your visa will be curtailed at port of entry as you will be entering for a reason other than what your visa was intended for. Also, you don't just enter with no questions asked - you will be asked where you are living, what your occupation is and the visa officer, if your landing card looks even slightly suspicious will ask even more probing questions and it will be very difficult to "hide" the truth without lying. In which case it's deception and even worse for you.

What's the point in hanging onto a visa route which will probably come to a complete end at some point anyway. If you are not living here, you are not eligible for ILR and it's not that they will keep this route open forever for people who simply try and extend all the time.

And then there's also the practical considerations - your income, bank statements etc will probably not allow you to get your visa on the same day. Where are you going to have them post it to? You need a UK address for that.

If by some sort of miracle you make it past the point of entry, I would be surprised that you would be given an extension as your application would make it clear that you are not using the visa for it's intended purpose.