TIER1 extension using non-UK earnings

[vivekmang]

Hi Guys

I have a valid TIER1 general visa that is valid until March 2013.
In order to get a TIER1 visa extension I am required to either
a) show earnings of 55000GBP in 12 consecutive months out of which 25000GBP must be earned within UK (to claim 5 points for UK earnings)
OR
b) show earning of 65000GBP in 12 consecutive months and no UK earnings.

I am thinking of the second route because currently where I am its much more convenient for me.

In order to get the visa extension, I am required to file the extension from inside the UK.
Does this mean that I could technically go to UK a month before my visa expires (like in Feb 2013) and file for the extension ?
Are there any possible problems with this that I am not aware of ?
(considering that I never used my visa all that much)
Please enlighten me. Thanks for your support.

[cs95tdg]

I take it that from what you have mentioned you are not residing and working in the UK on your Tier 1 General visa now? Do you intend to do so in the future?

The visa can only be extended in the UK (I presume you are aware of this) and the general idea here is that this is done while in employment in the UK.

This being the case, a few issues come to mind...

1) When you enter the UK you will be questioned by UKBA staff at immigration control and one of the questions asked will be where you live and work. How do you plan to answer?

2) When completing the Tier 1 extension application form there will be questions asked such as address, previous earnings. For the address it would usually be a UK address that you would provide - I'm not sure what the implications of including a foreign address are here. Additionally I don't personally know what the implications are in showing total earnings made outside of the UK (& providing evidence to match) for an extension application. I'm aware of people working overseas during part of the year and the rest in the UK, thereby having income from more than one source country, but never heard of a scenario where all income is in foreign currency (but this may very well be a valid scenario that I’m not aware of).

3) Another point to consider is the time it takes to process the application. If postal you will be looking at a couple of months or more based on current timelines. But if you plan on attending an in person PEO appointment you may or may not get a decision on the day.

I will leave the first two questions for you and any others more knowledgeable on the subject to answer/comment on for now.

It would however be worth going over the Tier 1 extension guidance notes in detail and also any other material available on the UKBA website

[adityak77]

Hi Guys

I have a valid TIER1 general visa that is valid until March 2013.
In order to get a TIER1 visa extension I am required to either
a) show earnings of 55000GBP in 12 consecutive months out of which 25000GBP must be earned within UK (to claim 5 points for UK earnings)
OR
b) show earning of 65000GBP in 12 consecutive months and no UK earnings.

I am thinking of the second route because currently where I am its much more convenient for me.

In order to get the visa extension, I am required to file the extension from inside the UK.
Does this mean that I could technically go to UK a month before my visa expires (like in Feb 2013) and file for the extension ?
Are there any possible problems with this that I am not aware of ?
(considering that I never used my visa all that much)
Please enlighten me. Thanks for your support.

A big risk IMO. The salary earned should be TAXABLE in both countries. Border staff will grill you at the border immigration counter for details like employment and place of residency.

You can show foreign earnings, but primary source of income should be in the UK. To get 5 points there are tax implications for sal over 25K. I hope you know that. The Policy guidance clearly explains when you can claim 5 points and when you cant claim them.

Also note on foreign earnings , you cannot use any uplifting ratios. E.g say money earned in INDIA is 8 lacs, convert to pound sterng as per OANDA and last day of the earning period.


There have been cases where ppl have shown foreign income as a part time/ consultancy. Showing this as full time is a big risk.

You still have some time left to get to UK and do contractual jobs or whatever your skill set allows you.

I know of a person who required 40k for extension, but worked in a UK company and was away from the UK for 8 months on company work to US.

I think the key here is to work for a UK employer to get a successful extension.

Others may explain a bit more if required....

[sts96508]

you can arrive to the UK anytime before visa expiry and apply for extension. i have seen two such cases getting approved, with no UK earnings and no prior UK visit or use of T1. search for this in this forum. one user was cherrypie, can't remember the other.

[cs95tdg]

vivekmang, I've just seen one post which may be similar to your circumstances which would be worth taking a look at. I think the key would be to explain your circumstances both when you arrive in the UK at the immigration control desk and also when you apply for your extension. In the two cases referred to in the following thread the applicants explained why they were unable to live/work in the UK during the initial Tier 1 visa period.

http://www.immigrationboards.com/viewto ... highlight=

[vivekmang]

Hi Guys,
Thanks for all your feedback..

It seems very positive indeed.

I do intend to live and work in the UK eventually but it seems like it will be easier for me to meet the requirements for visa extension with overseas earnings rather than going to the UK and trying my luck (and not to mention that it seems to be risky too at the moment)

Currently TIER1 extensions have to filed from within the UK (being closed to applicants outside UK).
I am wondering what it really means to file a TIER1 application from within the UK ..
It is clear that I cannot mail in my TIER1 extension application from outside the UK (like before).
But does this also mean that when I file my extension application my ADDRESS (in the TIER1 extension form) has to be a UK address ?

Maybe some of those users that you mentioned would be better able to answer. Anyway thanks guys for your responses. For now at least I think I can stay where I am for few more months.

[electri17]

Hi All

Just to share recent experience of Tier 1 Extension without any UK Earning.

1. I got my Tier 1 in September 2010 in Dubai and after that never traveled to UK.
2. Made up my mind in July 2012 to apply for extension.
3. Visa expiry date was 19th September 2012 and I booked PEO appointment in Croydon on 4th September.
4. Hired a immigration lawyer
5. Went to UK on 2nd September.
6. Went to Croydon office on 4th and submitted my bank statement, salary slip and salary certificate from my employer.
7. After 3 hours I got my approval letter.
8. On 5th September 2012 I left UK and back to Dubai

[vivekmang]

Hi electri17

What address did you provide in your extension form ? Was it a UK address or a Dubai address ?

For the TIER1 extension , we are supposed to be filing for it within the UK , so I am curious if we have a supply a UK address in the extension form.

Regards





[i]Hi All

Just to share recent experience of Tier 1 Extension without any UK Earning.

1. I got my Tier 1 in September 2010 in Dubai and after that never traveled to UK.
2. Made up my mind in July 2012 to apply for extension.
3. Visa expiry date was 19th September 2012 and I booked PEO appointment in Croydon on 4th September.
4. Hired a immigration lawyer
5. Went to UK on 2nd September.
6. Went to Croydon office on 4th and submitted my bank statement, salary slip and salary certificate from my employer.
7. After 3 hours I got my approval letter.
8. On 5th September 2012 I left UK and back to Dubai[/i]

[Oriental]

Hi electri17

Congratulations on your success. I'm also in Dubai with similar circumstances as yours planning for my tier1 extention. Please check your pm.

Thanks