Tier 1 General Ext only until 2014

[AUHS]

I think we will have to wait and see the proper announcement from UKBA.It can be April 2014 or it Can be Dec 2014 or might be April 2015.

[Go12]

But it's nerve wrecking,for people who require 2nd extension .
What are our chances:(

[dandm]

I think we will have to wait and see the proper announcement from UKBA.It can be April 2014 or it Can be Dec 2014 or might be April 2015.

I just hope they give us advance notice and don't ambush us to avoid a flood of extensions.

[tier1extend]

not sure what happens to applicants who have already stayed here for more than 5 years but waiting to spend their minor convictions.

I hope it is just an assumption by the author of the report that no one will need extensions past 2014 as tier 1 was closed way back in 2011.

[ouflak1]

Well there is precedent for it. People who put down roots and have them taken away arbitrarily tend to have success with the courts.

Sure, decided on a case-by-case basis, at the government's discretion and its own interpretation of 'human rights', individuals have been allowed to stay because a judge decided that that individual could stay. But we're not talking about somebody who sneaked in on a fishy visitor visa or on the back of 18 wheeler, and managed to procreate whilst staying underground for a number of years. We're talking about allowing an entire visa class of people to stay in despite the country deciding that they have to go. Is there a mass human rights claim here? Individually, for some very particular cases, there may be a few obvious exceptions. But the entire group of Tier 1 G holders? What would the argument be? That a sovereign nation can't decide which foreigners go, and which foreigners stay? I'm not sure how you win that argument without winning a war.

The point is this could be avoided by them implementing clear transitional procedures so as to not disadvantage some Tier 1 holders over others purely through accident of their initial visa date.

I'm assuming we're talking about all of those Tier 1 G holders who would not be included in any transitional arrangement. What argument could that class of visa holders make to force the government to allow them to stay? There might be a few individuals who can claim human rights or otherwise get discretion, but I can't see how the entire group could make a case unless the UK loses its sovereign power to decide such things, a power that I don't think a judge can take away even if he wanted to.

[bond.boy203]

Well there is precedent for it. People who put down roots and have them taken away arbitrarily tend to have success with the courts.

Sure, decided on a case-by-case basis, at the government's discretion and its own interpretation of 'human rights', individuals have been allowed to stay because a judge decided that that individual could stay. But we're not talking about somebody who sneaked in on a fishy visitor visa or on the back of 18 wheeler, and managed to procreate whilst staying underground for a number of years. We're talking about allowing an entire visa class of people to stay in despite the country deciding that they have to go. Is there a mass human rights claim here? Individually, for some very particular cases, there may be a few obvious exceptions. But the entire group of Tier 1 G holders? What would the argument be? That a sovereign nation can't decide which foreigners go, and which foreigners stay? I'm not sure how you win that argument without winning a war.

The point is this could be avoided by them implementing clear transitional procedures so as to not disadvantage some Tier 1 holders over others purely through accident of their initial visa date.

I'm assuming we're talking about all of those Tier 1 G holders who would not be included in any transitional arrangement. What argument could that class of visa holders make to force the government to allow them to stay? There might be a few individuals who can claim human rights or otherwise get discretion, but I can't see how the entire group could make a case unless the UK loses its sovereign power to decide such things, a power that I don't think a judge can take away even if he wanted to.

I see too many assumptions are being made in this post. Nothing is clear until the announcement is made by UKBA.

in reference to the above argument HSMP holder were in the exact same situation back in 2006 (without an option for extension and having to leave the country) when the PBS was introduced. They ended up winning the case. so I wouldn't worry too much unless I hear any official announcement from UKBA. Having paid 5 figure taxes in my stay with significant contribution to UK economy and without accessing any benefit, I am pretty sure I can make a case even if they don't allow me for another extension. ( this is only my personal opinion though)

perhaps this would give some confidence ( old judgement of HSMP JR) interesting they actually even offered the review for people who had already left the country.

http://www.ukba.homeoffice.gov.uk/sitec ... review.pdf

[karg_g]

Hi All,

I think we have misread the information in the doc. It seems like its an information/Background Information that's being put fwd for general public who may or may not be aware of the Tier-1/Immigration rules. The way I read this information is :

"Tier 1 General For highly skilled workers. This category was closed in April
2011. However, extensions under this category are allowed up
until 2014."

I interpret this as extensions will run through 2014 for the initial grant of applicants in and around 2011. Although I must say thats in-correct because all the applicants received only 2 years T-1 around that time frame. This implies most who applied at that time would have already completed their extensions or about to send for their T-1 Extension.

Also it does not imply that T-1 extensions will be closed after 2014. I would expect a statement if that's the case to be put in straight fwd English rather than around about way.

Thoughts??

[dandm]

Hi All,

I think we have misread the information in the doc. It seems like its an information/Background Information that's being put fwd for general public who may or may not be aware of the Tier-1/Immigration rules. The way I read this information is :

"Tier 1 General For highly skilled workers. This category was closed in April
2011. However, extensions under this category are allowed up
until 2014."

I interpret this as extensions will run through 2014 for the initial grant of applicants in and around 2011. Although I must say thats in-correct because all the applicants received only 2 years T-1 around that time frame. This implies most who applied at that time would have already completed their extensions or about to send for their T-1 Extension.

Also it does not imply that T-1 extensions will be closed after 2014. I would expect a statement if that's the case to be put in straight fwd English rather than around about way.

Thoughts??

I think that's a pretty optimistic spin on things. The reality is we won't know anything until and IF there is anything to announce.

You have to put the document in context. It's essentially an audit of Tier 1 procedures, waiting times etc, and is focused on the new entrepreneur route. It's a document aimed at the UKBA, though it's obviously publicly accessible. But when it refers to the old Tier 1 general scheme it sounds like they've been told by the UKBA that extensions will not be allowed by 2014. I think you're really stretching to interpret it the way you are. But there is a lack of nuance, it could even have been a mistake. We need more information to have a clear view.

For the record I called the UKBA and they had no info on extensions closing, but they don't tend to know much on the phone line and wouldn't admit it to it before it's properly announced I'm sure.

The reality is this program is self-evidently not going to stay open forever and the government is desperate to get net migration down before the next election. So to me it reads like an accidental leak. Hope I'm wrong though.

[Go12]

All arguments seem alright,but what about the ones who will suffer because of such negligence!!!we have immigrated with our families ,invested all our time and money,now where will we go?and start all from scratch?

[svuk]

My brothers, do you think the UKBA would announce in advance on closing Tier-1 extension in order for Tier-1 holders having enough time to prepare for a second extension in case they are not eligible for IRL with 1st extension only.

What I learn from UKBA website that under the current rule, we are allowed to get many extensions until we qualify for IRL. UKBA could not stop our rights to live and work legally here.

"At the end of this period, you may have lived continuously in the UK as a highly skilled migrant for 5 years. You can then apply to settle permanently in the UK. If you are not yet eligible for settlement, you can apply for permission to extend your stay under Tier 1 (General) again."


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

[Go12]

In case ukba ,says no extension from April 2014,where is the time
To go for 2nd extension?like maintaining funds ,and what if we require extension after april 2014,since to bridge the gap for ILR?Its just not fair.

[tier1extension222]

1) My Visa expire on OCT 4th 2015 I have gap of 6 months for ILR.
Can I apply for extension around April 2014 I mean will they accept that early??
2) When they say 2014 what do you think is it till April 2014 or Dec 2014.

[Go12]

Nobody knows that,we are kept in th darkkkkkkk

[AUHS]

Nobody knows that,we are kept in th darkkkkkkk

We don,t need to be panic because there is no announcement from UKBA until now.Its can be an assumption from the independent Inspector.

[mulderpf]

I don't understand the surprise or the uproar about this. This is something that's been anticipated and expected for a long time. I applied for my visa on 20 December 2010, shortly after the announcement was made in parliament that they intend on closing the route. I made sure then already that I knew exactly what was necessary for an extension and what was necessary for ILR. Thinking that things will just stay open forever and that in 10 years time caseworkers should still know how to process Tier 1 (General) applications just in case someone couldn't yet apply for ILR is very naive.

[Go12]

With all due respect to your views,we are not saying that tier 1 extension needs to be opened for the next 10 years.when all other applicants had the chance to bridge their ILR gaps by going for 2nd extension,then why should be we left out?
We too have shown the same points and fees for the process.For the record all do not have the same circumstances..

[dandm]

With all due respect to your views,we are not saying that tier 1 extension needs to be opened for the next 10 years.when all other applicants had the chance to bridge their ILR gaps by going for 2nd extension,then why should be we left out?
We too have shown the same points and fees for the process.For the record all do not have the same circumstances..

Actually we'll have paid a lot more than most, given how much they keep ratcheting up the cost of extensions every year.

It's a simple question of equity. The only thing my family did differently to mulder was take the time to have a job lined up in advance of arriving on British soil rather than making the move as soon as the visa arrived. I would have thought, on balance, that this is something the British people would prefer - that we arrive with jobs.

As it stands, if extensions are closed in 2014, many people will be denied a chance to settle purely because of the date they first received their visa. In my view this is inequitable.

[Go12]

I agree with you dandm

[karg_g]

Hi

I think I can understand your burden/frustration. Even if somebody has planned for the next couple of years, life has its own way of throwing challenges/unknown that might catch you off-guard. It does not hurt to be prepared for any future changes i.e immigration or other general changes in personal life

Not getting ILR is not the end of road, agreed that you & your family have spent lots of money, but I am sure few years down the lane things might be actually better where-ever life takes you. Above all its not confirmed the T-1(G) is closed and I would be willing to bet if it happens there will be some kind of transitional arrangement.

Good luck to all

[abhisheks9]

Hi guys,

See this
http://icinspector.independent.gov.uk/w ... ations.pdf

It is for T1 Ent and Investor but there is a table in it which mentions that Tier 1 Geneal Extension will only be allowed until 2014

Tier 1 General For highly skilled workers. This category was closed in April
2011. However, extensions under this category are allowed up
until 2014.

Now, I wonder what will happen then to those who has a shortage of days and needs an extension for ILR after the visa category is completely closed ?

Alex

Following is Home Office response for above report:
http://icinspector.independent.gov.uk/w ... Report.pdf

[AUHS]

Nothing mentioned about Tier 1 General Extensions at the moment.

[romy4you]

i extended my visa in April and it is valid until 2016 i got my last extension that is for 3 years . after completing that i can apply for ILR .
i don't see any problem in this .
and in that link they did said any thing about tire 1 general ILR.

[nks]

I think what happened was that someone in HO mentioned to auditor that since Tier 1 (G) closed n 2011, they don't foresee extension applications beyond 2014 and that noting made into the report incorrectly as T1G extensions will 'close' in 2014. Perhaps a minor thing from auditor perspective but if it indeed was misinformation, it ought to create major confusion.

[Go12]

Fingers crossed..

[tier1-immigrant]

You should get 3 years on your extension, so you should be fine if you extend in 2014.

Is that possible ? My current visa also expires in Nov 2015. Can I apply for early extension in 2014 itself ?? If yes, what clarification do one give to UKBA for early extension, if any ?

Thanks for any info.