Tier1 extension or ILR?

[anasjamil2]

hi Amber... i have been taking advises and appears the from 23March10 to 22June10 is 92 days because day of visa stamp should be excluded.

please can you explain me a bit more on how to vary if count from the day of entry. i have a doubt here because we can only apply ILR 28days before completing 5yrs. as you know i am short of 2.5 months then at even the last valid visa day i will still not fall in 28 days bracket hence i wont be eligible to apply.

[UKBALoveStory]

See one success by vkgarg11 here.

[anasjamil2]

Thanks for sharing.

He got EC on 16/02/2009 and arrived UK on 21/06/2009... which means 125days later and still Approved. Mine is only 90 or 91 days.

His time lines:
Tier 1 (General) EC granted = 16-Feb-2009
Entered UK= 21-Jun-2009
Tier 1 Extension received = 13-Apr-2012 (previous leave expired on 16-Feb-2012)
ILR PEO application submitted and approved = 22-Mar-2014 (PEO Croydon)

[anasjamil2]

I am excluding my UK born kids for now to bring down the cost, although their T1 dep visa will expire but they can still live in UK. I will apply for their citizenship once my ILR is sorted.

Option1: T1 extension
Apply for T1 extension for myself and wife by post just before last few days of expiry of T1 and try to delay biometric. Skip for UK born children although they had T1 dependent visa before.
· If me and wife get T1 extension by 26th May (29 days before completing 5yrs). Fees 3214GBP for extension + 2186 for ILR=5400.
· If me and wife do not get T1 ext by 27th May (28 days before completing 5yrs) I will try to VARY my extension application with ILR. Not sure how this Vary thing works, how expensive and how difficult.

Option2:ILR
Option2a. Consider 90 days concession period and apply ILR in PEO only for myself (not dependents).
· If successful- Apply for wife's Dependent visa by post and BC for UK born kids. Saving of T1 ext fee for me and wife 2x1607=3214GBP.
· If unsuccessful- A Loss 1493GBP and left to try Option 2b.

Option2b. Apply for ILR for myself and wife by post 2 days before visa expiry and try delaying to cover shortage..
· If successful- Saving of T1 ext fee for me and wife 2x1607=3214GBP.
· If unsuccessful- Then I am not sure what I am left with, Need your advice please. By the time they will return my unsuccessful application should I not have completed 5yrs and can I reapply, do I have to pay a fee again?

[Apam]

You've been given all the advice, infact many of them. Your options above are great.
No one will tell you which route to take , that is purely upto you. That resposibility rests with you.
Best of luck, share your experience with us so others can benefit, that's what this wonderful forum is all about.

[anasjamil2]

Yes, indeed this forum is very helpful and I will certainly update on what happens with my case to help others.

I have one last doubt still: That is choosing Option2b and being unsuccessful, what will I left with?

[Apam]

If 2b unsuccessful, you may get the right of appeal.
I gather from the above discussion that you are not a risk taker or afraid to do so.
I may recommend;
-borrow money for extension
-borrow money and apply for ilr
-successful ilr IS FOR LIFE
- slowly pay off your debt whiles you live in the UK permanently.
In this way, no risk taken, no worries, only have some debt to pay!!!

[anasjamil2]

Thanks Apam. you are indeed correct that I am not a risk taker but not afraid to do so if it worth to take risk.

The purpose of above discussion is to evaluate what options I have got and what is the best way out.

Considering Option2b also has Risk and I may left with Appeal but not a fresh reapply with 5yrs completion period. I agree with you better/safe/peace of mind is apply for a proper T1 extension.

I have still got plenty of time left (about 11months) to apply, I am sure I will save enough to apply for me and wife for T1ext+ILR.

Is there any rule saying how early I can apply for T1 extension? reason I am asking is if I apply extension next month I will still get T1 extension up to 2016.

There is a rumor that T1 extensions can be closed permanently anytime this year. So better to apply asap.

[UKBALoveStory]

Is there any rule saying how early I can apply for T1 extension? reason I am asking is if I apply extension next month I will still get T1 extension up to 2016.

You can apply for extension whenever you want however you will get the extension based on your decision date and not from the expiry of your current leave to remain.

I would personally go for option 2. Apply for ILR by post 2-3 days before your current leave to remain expiry date. Pay by cheque (3-5 days delay) and delay your bio-metric registration to cover the gap.

But if you choose this route, make sure your form is completed correctly so you don't get caught into a incorrectly made application nightmare.

I know (from my personal experience) that you can easily delay the application by 90 days without any issues.

[anasjamil2]

What will I be left with if they process application quickly and reject it?

Could I file a new fresh application?

[Apam]

If my facts are current, you apply for extension within 3 months of your visa expiring . can't see why you should apply when you have close to a year on your visa! That can't he extension. ..or???
I clearly appreciate you want the best for your family, don't panic, ukba always gives enough time for change of immigration rules. Don't frighten yourself with rumours when it's not yet published.
tier 1 extensions are likely to continue until the last tier 1 candidate spends 5 years from time of EC.
At worse if extensions stop next year, you can go to your money saving options which don't include extensions anyway.

[Apam]

If my facts are current, you apply for extension within 3 months of your visa expiring . can't see why you should apply when you have close to a year on your visa! That can't he extension. ..or???
I clearly appreciate you want the best for your family, don't panic, ukba always gives enough time for change of immigration rules. Don't frighten yourself with rumours when it's not yet published.
tier 1 extensions are likely to continue until the last tier 1 candidate spends 5 years from time of EC.
At worse if extensions stop next year, you can go to your money saving options which don't include extensions anyway.

[UKBALoveStory]

What will I be left with if they process application quickly and reject it?

Could I file a new fresh application?

I have sent you a PM

[anasjamil2]

Anas,
I am only able to give you the policy, which I have provided in the previous two emails. If you want, you can include a copy of this email trail with your application when it is submitted.
Thanks
XYZ
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Hi XYZ
That has given me huge relief. Thank you very much for your help.
Just to reconfirm and put everything together, this means considering my date stamps of Entry Clearance stamp and UK arrival, UK Home Office is happy to consider this time towards my continuous time in UK for my ILR application. The reason of considering this period is according to the Home Office's calculation method I have entered UK on 91st day (not 92nd day) therefore my delay did not exceeded 90 days.
Visa stamping: 23/03/2010
Date entered UK: 22/06/2010
Thanks,
Anas
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Anas,
The day your entry clearance was issued would be day zero as it would only be part of a day. Day 1 of the 90 day period would be the following day. In your case if your entry clearance was granted on 23 March 2010, then the 90 day period should start on 24 March 2010.
Thanks
XYZ

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Hi XYZ
Thank you for your reply. Please can you have a look at my date stamp and confirm if this period will be counted towards continuous period in UK, reason is, although I calculated it as 91st arrival day but somebody has told me recently that I have to include visa stamping day as well which means 92nd day.
Visa stamping: 23/03/2010
Date entered UK: 22/06/2010
Thanks,
Anas
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Dear Anas,
Half days would be counted as a day you were inside the UK. As a result if an applicant arrived in the UK on the 91st day after they received their grant of Entry Clearance, the whole period could be counted towards the continuous period in the UK.
Thanks

XYZ
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Dear UKBA,

I am on Tier1 General Visa, arrived in the UK within 3 months of my Tier1 application approval, but in terms of days it appears to be the 91st day since getting T1 visa.
Please can you advice if I am still eligible for this qualifying period while applying for ILR. I can see ÿour documentation states "The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days."
Am I correct to translate above statement that my absence is not exceeding 90 days, I was in the UK on 91st day and therefore I can include this period in ILR?
Visa type: Tier1 General
Visa approval in India: 23/03/2010
Date entered UK: 22/06/2010
Extension T1 visa for 2years RC7598320. - 07/04/2013 to 07/04/2015
Thanks,
Anas

[anasjamil2]

Any suggestions please after reading above from Home Office ?

[anasjamil2]

ILR success using 90 days concession policy.

http://www.immigrationboards.com/indefi ... 82120.html

[Entreprenure 10 jobs]

Anasjamil,

I have followed the discussion here. And suggest you read my experience and decide. Although i am in T1 Ent route away from UK and entry date rules coincide.

I got entry clearence 3 yrs in 2011. ( now rule is changed entry clearence = 3yrs plus 4 mths)
Arrived in Uk 2 mths 10 days after ( had option to arrive in 4 mths later)
2014 applied for Extension. Although could consider ILR on 3 yr Accelerated route, and qualified.
But could not....because ILR rule says 3 yrs. I had only lived in uk for 2 yrs 7 mths and 20 days since comig here.
Therefore had to go for ext. 1st. Then applied for Accelerated route ILR. HAD TO PAY FEE FOR EXT AND ILR BOTH. To be 100% sure.
If i tried to explain in covering letter and applied for ILR 1st. And the caseworker did not consider. And refused.
I would have to go to court. PAY FOR BARRISTER, WASTE TIME, STRESS. MOST LIKELY PAY OUT MORE THEN THE FEE

We are also a family of 3. Ask me questions, if you want

[anasjamil2]

Thanks buddy.. my ILR is approved