Tier 1 expires in 2 weeks, never worked. Can extend?

szavelin · Post by **szavelin** » Fri Apr 20, 2012 11:15 am

Hello, I want to extend my Tier 1 (General) visa. Had it for 3 years, never worked. Entered UK twice as a tourist (US Citizen so I don't need separate visa).

1. Is it still possible to extend my Tier 1?
2. I am going to be in the UK next week, do I have to tell them I am entering on Tier 1 Visa? (Normally they just stamp my passport)
3. Do I need to register with the police before applying??
4. Is it ok to apply a couple of days before expiration?

This is urgent for me, I really appreciate your responses. Thanks in advance.

sts96508 · Post by **sts96508** » Fri Apr 20, 2012 11:22 am

1.Yes - you will find similar examples in this forum
2.Not sure
3.No - during application you will be required to provide biometrics after which your police record will be checked
4.Yes - ok to apply right up to the last day of your visa expiry date

szavelin · Post by **szavelin** » Fri Apr 20, 2012 11:30 am

Hi sts, thanks for your response.

so the only thing that is confusing still is this statement from the website below:

If you are outside the UK, or in the UK under a different immigration category, you cannot apply to Tier 1 (General).

If I enter or entered in the past as a tourist, that puts me in a different application category? Has anyone told the immigration officer during entering the country to put them in "tier 1" category? This must be a common confusion for those who do not need visas to enter the UK

http://www.ukba.homeoffice.gov.uk/visas ... /applying/

sts96508 · Post by **sts96508** » Fri Apr 20, 2012 11:37 am

szavelin wrote:Hi sts, thanks for your response.

so the only thing that is confusing still is this statement from the website below:

If you are outside the UK, or in the UK under a different immigration category, you cannot apply to Tier 1 (General).

If I enter or entered in the past as a tourist, that puts me in a different application category? Has anyone told the immigration officer during entering the country to put them in "tier 1" category? This must be a common confusion for those who do not need visas to enter the UK

http://www.ukba.homeoffice.gov.uk/visas ... /applying/

it will be better to enter on Tier1 to be safe. you can ask cherrypie, a member of this forum exactly what she told the immigration officers on arrival, her case was similar to yours, coming in from australia couple of days before T1 expiry, just to extend T1, and extended successfully

i guess you can say you are entering on T1 to renew the visa and to look for jobs during your stay

szavelin · Post by **szavelin** » Fri Apr 20, 2012 11:44 am

Ok thanks again, that's what I will tell the immigration upon entry.

One more question, to extend the Tier 1 do I need all of same qualifications as in the initial application, or is it just maintenance requirement only?

I have enough earnings to qualify from my job in the US, but it's a pain in the a*** to get all the documentation in order in a few days.

sts96508 · Post by **sts96508** » Fri Apr 20, 2012 11:49 am

if the qualification is same as initial application you don't need to re-submit it.

so docs you would need will be for previous earning and maintenance fund only

Post by **Lucapooka** » Fri Apr 20, 2012 1:14 pm

szavelin wrote:Entered UK twice as a tourist (US Citizen so I don't need separate visa).

Has the Tier 1 visa vignette ever been over-stamped with date of entry? I'm not sure you were admitted as as visitor as that would have required the curtailment of your existing Tier1 (but wait for experts such as Vinny or Greenie to comment further on this if they feel so inclined). Do the so-called visit stamps say leave to enter for six months with no recourse to employment? Like this.....

http://upload.wikimedia.org/wikipedia/c ... _entry.jpg

....or are they merely date stamps (which would confirm that you were admitted under Tier 1 at the time).

sts96508 · Post by **sts96508** » Fri Apr 20, 2012 1:59 pm

Lucapooka wrote:
szavelin wrote:Entered UK twice as a tourist (US Citizen so I don't need separate visa).
Has the Tier 1 visa vignette ever been over-stamped with date of entry? I'm not sure you were admitted as as visitor as that would have required the curtailment of your existing Tier1 (but wait for experts such as Vinny or Greenie to comment further on this if they feel so inclined). Do the so-called visit stamps say leave to enter for six months with no recourse to employment? Like this.....

http://upload.wikimedia.org/wikipedia/c ... _entry.jpg

....or are they merely date stamps (which would confirm that you were admitted under Tier 1 at the time).

I have heard this before, that entry as visitor leads to curtailment of Tier1. based on personal experience - not true. I have entered and exited UK on business(visit) visa while having T1, and was commended by immigration officer for not using T1 for business visit

Post by **Greenie** » Fri Apr 20, 2012 2:34 pm

sts96508 wrote:
Lucapooka wrote:
szavelin wrote:Entered UK twice as a tourist (US Citizen so I don't need separate visa).
Has the Tier 1 visa vignette ever been over-stamped with date of entry? I'm not sure you were admitted as as visitor as that would have required the curtailment of your existing Tier1 (but wait for experts such as Vinny or Greenie to comment further on this if they feel so inclined). Do the so-called visit stamps say leave to enter for six months with no recourse to employment? Like this.....

http://upload.wikimedia.org/wikipedia/c ... _entry.jpg

....or are they merely date stamps (which would confirm that you were admitted under Tier 1 at the time).
I have heard this before, that entry as visitor leads to curtailment of Tier1. based on personal experience - not true. I have entered and exited UK on business(visit) visa while having T1, and was commended by immigration officer for not using T1 for business visit

an entry clearance vingette acts as leave to enter, and it is usually not possible to have leave to enter in more than one category at the same time. If INSIDER is around he might like to comment on this since he works as an IO.

szavelin · Post by **szavelin** » Fri Apr 20, 2012 5:41 pm

ok thanks a lot everyone. I am entering UK next week and I will insist that they put me under Tier 1 category.

Immigration official did mention that entering on tourist stamp ("leave to enter for six months employment and public funds prohibited") invalidates the Tier 1 visa. Sounds like an attorney might help in this case! Can anyone recommend one?

I have one more question: why do I need to be present in the UK to submit extension application by mail? Has to be postmarked from within the UK?

Thanks

Post by **PaperPusher** » Fri Apr 20, 2012 6:05 pm

szavelin wrote:ok thanks a lot everyone. I am entering UK next week and I will insist that they put me under Tier 1 category.

Immigration official did mention that entering on tourist stamp ("leave to enter for six months employment and public funds prohibited") invalidates the Tier 1 visa. Sounds like an attorney might help in this case! Can anyone recommend one?

I have one more question: why do I need to be present in the UK to submit extension application by mail? Has to be postmarked from within the UK?

Thanks

You also need to give biometrics.

szavelin · Post by **szavelin** » Fri Apr 20, 2012 6:18 pm

How do I give biometrics , is this fingerprints?

Does anyone know if I can bring all of that in person or is better to mail it all in?

Where can I get a definitive answer as to whether or not entering on a tourist stamp invalidates my Tier 1 visa? It's a pain having to fly all the way back to the States to get my W-2 tax forms and bank statements, then back to London just to learn that this isn't gonna work...Frustrated

thanks

Post by **Greenie** » Fri Apr 20, 2012 6:18 pm

szavelin wrote:ok thanks a lot everyone. I am entering UK next week and I will insist that they put me under Tier 1 category.

Immigration official did mention that entering on tourist stamp ("leave to enter for six months employment and public funds prohibited") invalidates the Tier 1 visa. Sounds like an attorney might help in this case! Can anyone recommend one?

I have one more question: why do I need to be present in the UK to submit extension application by mail? Has to be postmarked from within the UK?

Thanks

you have to because this is what the law says-in order to apply for leave to remain in the UK you have to be in the UK. Is seems like if you want to apply for further leave to be here you might actually have to spend some time here! However it seems that you have been advised that having entered as a tourist you have invalidated your tier 1 visa which suggests you may have problems extending it.

szavelin · Post by **szavelin** » Fri Apr 20, 2012 6:38 pm

Greenie wrote: you have to because this is what the law says-in order to apply for leave to remain in the UK you have to be in the UK. Is seems like if you want to apply for further leave to be here you might actually have to spend some time here! However it seems that you have been advised that having entered as a tourist you have invalidated your tier 1 visa which suggests you may have problems extending it.

That's because most people who arrive in the UK are from other countries that require visa and so they naturally arrive on the Tier 1 Visa. In my case the officer just stamps the passport (US) and waives me in. Someone earlier in the thread mentioned the officer commanded them on entering on tourist visa. Where can I get further clarification?

Can anyone recommend a good attorney in London?

Post by **Greenie** » Fri Apr 20, 2012 7:29 pm

szavelin wrote:
Greenie wrote: you have to because this is what the law says-in order to apply for leave to remain in the UK you have to be in the UK. Is seems like if you want to apply for further leave to be here you might actually have to spend some time here! However it seems that you have been advised that having entered as a tourist you have invalidated your tier 1 visa which suggests you may have problems extending it.
That's because most people who arrive in the UK are from other countries that require visa and so they naturally arrive on the Tier 1 Visa. In my case the officer just stamps the passport (US) and waives me in. Someone earlier in the thread mentioned the officer commanded them on entering on tourist visa. Where can I get further clarification?

Can anyone recommend a good attorney in London?

he stamps you in as a visitor if you declare your intention is to come here as a visitor as opposed to work or look for work.

See Legal 500 rate firms here

and Chambers and Partners rated firms here.

Post by **vinny** » Sat Apr 21, 2012 3:38 am

See also Any good law firm recommendation?

szavelin · Post by **szavelin** » Wed Apr 25, 2012 1:29 am

thanks for responses and law firm recommendations.

I entered UK today and told them to admit me on tier one visa rather than a tourist stamp and they fingerprinted two fingers.

the officer told me I need UK experience to re-apply since I never worked in the UK after 3 years of valid visa.. Maybe he was mistaken.

sts96508 · Post by **sts96508** » Wed Apr 25, 2012 10:15 am

szavelin wrote:thanks for responses and law firm recommendations.

I entered UK today and told them to admit me on tier one visa rather than a tourist stamp and they fingerprinted two fingers.

the officer told me I need UK experience to re-apply since I never worked in the UK after 3 years of valid visa.. Maybe he was mistaken.

nice. sure he was mistaken about the UK experience bit. you can't claim 5 points for UK exp, but its not mandatory

szavelin · Post by **szavelin** » Wed Apr 25, 2012 1:19 pm

What does it matter if I am filing extension, I thought they only care about maitanance funds and overall income (in US in my case).

Does anyone know by the way if it is sufficient to get a letter from my bank in the US stating that the balance never dipped below 800P in three months, or need detailed transactions on daily basis?

Thanks again.

sts96508 wrote:
szavelin wrote:thanks for responses and law firm recommendations.

I entered UK today and told them to admit me on tier one visa rather than a tourist stamp and they fingerprinted two fingers.

the officer told me I need UK experience to re-apply since I never worked in the UK after 3 years of valid visa.. Maybe he was mistaken.
nice. sure he was mistaken about the UK experience bit. you can't claim 5 points for UK exp, but its not mandatory

sts96508 · Post by **sts96508** » Wed Apr 25, 2012 2:34 pm

have you run the points calculator or read the guidance ?

applicants can claim UK expereince points for extension if they need the points to qualify for extension.

letter from US bank would be sufficient

szavelin · Post by **szavelin** » Wed Apr 25, 2012 8:23 pm

Hi, thanks for your reply. I am good for 95 points without UK experience. By the way in the table below what do they mean by "If you are in another eligible immigration category, the table below shows the points that you will score:" What is another eligible immigration category??

Age on your application date for your first permission to enter or stay Points
Under 28 years 20
28 or 29 years 10
30 or 31 years 5
32 years or over 0

If you are in another eligible immigration category, the table below shows the points that you will score:

Age on your application date for your first permission to enter or stay Points
Under 30 years 20
30 to 34 years 10
35 to 39 years 5
40 years or over

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Tier 1 expires in 2 weeks, never worked. Can extend?

Tier 1 expires in 2 weeks, never worked. Can extend?

Re: Tier 1 expires in 2 weeks, never worked. Can extend?

Re: Tier 1 expires in 2 weeks, never worked. Can extend?

Re: Tier 1 expires in 2 weeks, never worked. Can extend?