Tier 1 visa 3 months short of ILR

hassaan80 · Post by **hassaan80** » Fri Oct 05, 2012 2:52 pm

Hi everyone,

Apologies if this topic has been discussed before, but I could not find my exact answer.

I entered UK exactly after 6 months (January 2011) my Tier 1 general was stamped (July2010). I applied for extension with in UK (June 2012) and it took border agency longer than usual in processing my case. I got my visa after 5 months but the visa was stamped in October 2012.

So my question is will I need another extension or can I file for ILR when the time comes (January 2015)?

I have gone through the rules and it states that if the date of entery is within 90 days after the visa is stamped it would be exempted for extension. Would the same 90 day period apply to me?

Sorry if I confused you!

Many thanks.

Post by **Lucapooka** » Fri Oct 05, 2012 2:59 pm

You have not mentioned the expiry date of you new leave

hassaan80 · Post by **hassaan80** » Fri Oct 05, 2012 3:04 pm

Its 2nd October 2015. And I entered UK 1st January 2011.

Post by **Lucapooka** » Fri Oct 05, 2012 3:14 pm

You don't need to extend again.

hassaan80 · Post by **hassaan80** » Fri Oct 05, 2012 3:16 pm

Thats a relief!!! Got something out of the delay

Thanks for replying.

Post by **Lucapooka** » Fri Oct 05, 2012 3:24 pm

I'm surprised that the second tranche of leave was not curtailed to complete exactly five years from the first issue, so you are either lucky or there has been a change of policy.

However, having given this some additional thought:

The 3 month concession is with exclusive reference to a period of leave that amounts to five years and can't be competed, so I am not entirely sure you can use it in your case as you were granted leave for more than five years.

Wait for further comment from other members

hassaan80 · Post by **hassaan80** » Fri Oct 05, 2012 3:27 pm

Could be a change in policy, because most of the posts that I came across on the link below are having similiar visa stamps (closer to the day they receive the passports back rather than the first date of visa).

http://www.immigrationboards.com/viewto ... c&start=20

Yes, I have the same confusion, not sure!

Post by **geriatrix** » Fri Oct 05, 2012 3:52 pm

You will need to apply for another extension.

hassaan80 · Post by **hassaan80** » Fri Oct 05, 2012 4:32 pm

Thanks sushdmehta. Are you referring to any clause or rule? Could you please share with me the reason behind it?

Post by **Lucapooka** » Fri Oct 05, 2012 4:34 pm

It's because the 3 month concession (as per the settlement IDIs) is limited to periods of leave that were granted for five years. You have been granted leave for a period longer than five years.

Post by **geriatrix** » Fri Oct 05, 2012 4:48 pm

You delayed your entry in to UK by more than 90 days since the date of issue of EC. There is no clause / rule that applies to you other than the one that states that you must have lived in UK for 5 years before you become eligible for settlement.

And you will not have completed 5 years lawful residence by October 2015, so you need another extension.

hassaan80 · Post by **hassaan80** » Fri Oct 05, 2012 4:49 pm

Thankyou all for the guidance.

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Tier 1 visa 3 months short of ILR

Tier 1 visa 3 months short of ILR