New rules to Tier 1 (general): 3-5 years for 2nd extension?

[naveediiqbal]

Then why the date was given as oct20th with no one in the unaware abt it!!

And the shame that it is published on UK.GOV website and yet people responsible to guide outside public are unaware. Even the document is saying to call this number to ask any question re this document.

[Go12]

O Goddd it will be an uphill task till we get our
ILR's.they have already stopped ext,and added so much of confusion to the already confused system

[naveediiqbal]

How the support staff be so ignorant of the changes made. I don't understand.

[dandm]

The relevant paragraph we've been reading is in the explanatory memorandum, under the sub-heading of "Policy Context" so at first I thought they were just maybe flagging future changes.

But the immigration rules are explicitly changed in the earlier statement of actual regulation change:

44. Delete paragraph 245CB(a) and (b) and substitute:
“(a) Leave to remain will be granted for:
(i) a period of 3 years, or
(ii) the period the applicant needs to take his total leave granted in
this category to 5 years,
whichever is the longer.

Per page 15 of 72.

I think the person on the helpline is maybe wrong, in that these rules were presented to parliament on the 16th of October. Either that or it has been presented but is still to be passed (should be a formality). I'm not 100% sure how the UK parliament works, perhaps a senior member can comment on this?

Either way I think the original poster misinterpreted the start date of the rule. If you look at the implementation section on page 2 you will see it states that:

The changes set out in paragraphs 6, 8 to 17, 20 to 22, 26 to 63, 65, 67 to 69, 99, 111
to 163, 165 to 167, 169 to 170, 172 to 184, 213, and 227 to 247 shall take effect from
6 November 2014, save that if an application has been made for entry clearance or
leave to enter or remain before 6 November 2014, the application will be decided in
accordance with the Rules in force on 5 November 2014.

The original poster maybe mistakenly used the bullet point number (7.28) from the explanatory memorandum which is attached to the bottom of the statement of changes, confusing it for the paragraph number of the actual rule change which is paragraph 44 not 7.28. So the changes to paragraph 245CB in the document aren't due to come in until the 6th of November by my reading.

I have a suspicion that even when this rule comes in we will have to wave the immigration rules at the people making the decisions as they often got section 245CB wrong in its previous guise.

[dandm]

Incidentally if you have a look the Immigration Rules were updated on the 20th of October and the changes that were due to be made then (those pertaining to paragraphs 1, 7, 18, 64, 66, 97 to 98, 100 to 109, and 168 of the statement of changes) appear to have been - albeit sometimes rather sloppily .

https://www.gov.uk/government/collectio ... tion-rules

So I expect to see the changes laid out in paragraph 44 to be implemented in an update to the rules on the 6th of November.

[naveediiqbal]

Incidentally if you have a look the Immigration Rules were updated on the 20th of October and the changes that were due to be made then (those pertaining to paragraphs 1, 7, 18, 64, 66, 97 to 98, 100 to 109, and 168 of the statement of changes) appear to have been - albeit sometimes rather sloppily .

https://www.gov.uk/government/collectio ... tion-rules

So I expect to see the changes laid out in paragraph 44 to be implemented in an update to the rules on the 6th of November.

Good work mate. Lets wait then to Nov 6 then we can call and discuss with them. Thumbs up and pray for all of us up til that time

[Go12]

@dandm in the statement of changes as you quoted above,have you come across regarding changes for early extensions?

[naveediiqbal]

@dandm in the statement of changes as you quoted above,have you come across regarding changes for early extensions?

Hi Go12 what sort of changes are you looking for?

[Go12]

Like are they going to announce anything regarding any restrictions on early extensions?

[dandm]

No, not that I saw Go12.

I'm paranoid about that too, but given this change it looks like they are being quite generous about allowing current Tier 1 (general) to get to ILR so I doubt they will do something that nasty with only a few months left before closure of extensions.

The main reason they rushed this through (they normally give parliament 21 days notice before the operative start date, which notably is what the new Tier 1 rule is getting given I think it starts on the 6th of November and this was presented to parliament on the 16th of October) is that the new rules take away the right of appeal from Tier 4 visa holders and foreign criminals. They didn't want to give these people the chance to rush in and lodge appeals to extend their stay in that normal 21 day window. Tier 4 holders will now have a new administrative review system which has been added to the rules on the 20th. I expect we will all be moved to this new review procedure eventually, as it talks about other visa categories being covered in the future.

But nothing at all in there about them limiting early extension for anyone.

[Go12]

Yeah right:)
But what if they do that,i m too tensed abt this....
What are the options left for ppl who need early extensions?

[dandm]

Yeah right:)

Have you heard anything specific that has made you worry? Cutting early extensions is something I've been concerned about for a while. Feel like I'm playing Russian Roulette waiting for so long to extend (planning to extend in January, visa expires in November 2015).

[Go12]

No no I went through the stmt too,nothing I found strange abt.they can't just stop early ext in such a less time .
There are a nos of them in the same boat.

[Go12]

Can any gurus clarify on this...

[tier1-immigrant]

not sure why you people are so panicking.

[dandm]

Yeah there no need to panic. The fact they are introducing this rule for longer extensions shows relatively good intentions toward the category as it closes IMO. There's only six months to go anyway, diminishing returns on doing anything nasty and all that.

[iubus2005]

It is still unclear how they will determine how much time to get to 5 years?

[naveediiqbal]

Lets check it post implementation date then. Finger crossed and good luck for all

[Go12]

I think they will give 3years to everybody and if not still satisfying the 5yr requirement give the extra years to them

[naveediiqbal]

I think they will give 3years to everybody and if not still satisfying the 5yr requirement give the extra years to them

Hi Go12 please go through my question and advise what would you think in my case then? Thanks

[Go12]

[naveediiqbal]

Bro I am confused on dependent extension stuff so need some suggestion to get 4 years for her this time. Advise please if that's likely or not?

[tier1_arun]

I am not sure how it will work…..
They are closing ILR by 2018 April….i.e in next 3 years 6 months.
Even if they stretch and give 4 years extension (for example), but how someone can apply for ILR after 2018 April??

[naveediiqbal]

I am not sure how it will work…..
They are closing ILR by 2018 April….i.e in next 3 years 6 months.
Even if they stretch and give 4 years extension (for example), but how someone can apply for ILR after 2018 April??

They mentioned ILR closing period will be reconsidered later

[ca4nul]

Hi

I have called HO today to enquire about how many yeas 2nd extension I’ll get because I’m short 2.5 years.

The gentleman told me that I’ll get 2 years extension (pre 6 April 2010 case). I told him I’m 2.5 years short and he said there is new rule in place for people who need more time to qualify for ILR. He went away to speak with his colleagues and come back saying I’ll get 3 years extension.

Just to double check i call again to HO to confirm exact same thing and a lady today me there is no way such rule is in place and you are getting 2 years extension only. (Banging my head against wall)

Its now getting too much confusing