TIER 1 Visa Eligibility

[vivekmang]

Hi Everyone

I currently have a TIER1 VISA that expires on March 22 , 2013.
At the moment I do not live in the UK but I am planning to go there next month.
My question is after my TIER 1 VISA expires on 22 March 2013, will be I able to get a TIER 1 extension ?

(or will I have to switch to some other category like TIER2 ?)

I looked up the UKBA website and it says the following-

<<
To be able to apply, you must meet all the requirements of the Immigration Rules.
Are you in an eligible immigration category?

You can apply to extend your stay in the UK under Tier 1 (General) if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories:

highly skilled migrant
writer, composer or artist
self-employed lawyer
Tier 1 (General)
Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).

If you are not in one of the categories above, you cannot apply to Tier 1 (General).

>>

I am not sure what exactly the stuff in bold is supposed to mean ?

Lets say I go to UK next month in Feb 2012. A year later in Feb 2013, I will be in TIER1 (General) immigration category. So will I be able to extend my TIER1 for another 3 years (or 2 years whatever it may be) ?

Thanks very much...

[MB243]

You can certainly move to UK and be able to extend your LTR when the current one expires.

On the website it means that you can extend your current Tier 1 leave only if you currently have a T1 leave (& other categories as mentioned) and it can be extended only from within UK.

However, you need to be careful when you visit UK. You need to convince the immigration officer that you intend to move & work in UK and have not just come to visit to "test the waters" since you will be coming to UK after almost 2 years since it was granted.

You can pre arrange some meetings with recruitment consultants & show that you are actively looking for work.

If the officer is not convinced then they can revoke you LTR right there and send you back citing your "circumstances have changed".

In short, use T1 visa what its meant for. If you go on a casual visit & use it like a visitor visa, they can curtail your T1 leave.

[vivekmang]

Hi MB243

Thanks very much for your reply. Actually it hasn't been over 2 years since I got my first TIER1 . The period runs from March 22 2011 to March 22 2013. So it will be a year after getting the TIER1 VISA.

I got confused with the "Leave to Remain" part. I thought it meant something like I needed to be close to settlement or something like that. For settlement (under current rules) I guess I would have to be in the UK for the next 5 years until Feb 2017..

Thanks very much.
Have a nice day..

[spanig]

Hi ,

I am in a unique dilemma. I got my Tier 1 visa on 20th Mar 2011 valid until 20th March 2013. Due ti various reasons , I never took any employment in UK though I entered twice into UK under this VISA for Job search.

During this period , I was deputed outside India by my Indian company. I have earned enough on my payslip to qualify for Tier 1 Visa extension.

I am looking forward to extend my Tier1 and got an appointment on 20th march( Note last day of current visa validity) .

Could someone please help me on the following

a) Since I have not worked at all during the first 2 years of the visa validity and have not earned a single penny in UK , will this be a ground for rejection ?

b) I have both Indian payslip and on site allowance statement . Can I use both for earning section.

c) Since my visa extension appointment is on the very last date on which the current visa is expiring , will this be an ground for rejectio

Thanks
Sambit

[vivekmang]

Hi Sambit

You can go ahead with your visa extension. THere is nothing in the rules that prevents you from doing that nor does it say that you will be rejected. OTOH i have seen members here on this board who have done exactly that (i.e. all earnings are in foreign country not the UK) and still maanged to get the extension.
But you need to be in the UK to apply and then the fees are also quite high (1800 GBP). But you can go ahead if you are ready.