Tier 1 General Ext only until 2014

[ibabdelt]

Hi guys,
My appointment with home office is tomorrow for third extension. I have excessive absence from UK and not sure if I will get 5 years or only 3 years or nothing ..wish me luck for tomorrow , will let you know all.
My dependents are also outside UK so not sure if I can apply for them after 15 April 2015 ...lets see ...

[ibabdelt]

Hi All,
This is to update you that I had my appointment yesterday and got the extension for only 3 years and not 5 years as I expected . Now I found a Job in UK and planning to stay. but the question is how to extend further to complete the 5 years and get the ILR? do you think they may do some changes after April 2015 to consider those who have excessive absence?

Is it easy to switch to Tier 2 visa? i.e. are there here employers who can offer Tier 2 visa as long as I am already in the country?

[naveediiqbal]

Hi All,
This is to update you that I had my appointment yesterday and got the extension for only 3 years and not 5 years as I expected . Now I found a Job in UK and planning to stay. but the question is how to extend further to complete the 5 years and get the ILR? do you think they may do some changes after April 2015 to consider those who have excessive absence?

Is it easy to switch to Tier 2 visa? i.e. are there here employers who can offer Tier 2 visa as long as I am already in the country?

Hi,

In your appointment did you ask for five years quoting the relevant clause in statement of changes as per immigration rules? why you were given 3, did they state any reason while at appointment. That is disappointing that they are not following the rules. You should send a complain stating all details to UK GOV stating your case reference

[ibabdelt]

I did not ask for five years, I left it to their judgment. Actually I did not receive the BRP yet, and its not mentioned in the letter.
I just asked the person who handed over my documents and the letter and he checked the system and told me that it was extended until 26/01/2018

[naveediiqbal]

I did not ask for five years, I left it to their judgment. Actually I did not receive the BRP yet, and its not mentioned in the letter.
I just asked the person who handed over my documents and the letter and he checked the system and told me that it was extended until 26/01/2018

Hi,

I do not understand that why you simply did not ask what you were expecting, You should have requested a 5 years and then stated it is as per Immigration rules HC-293 (statement of changes ordered and printed by House of Commons on 16 October 2014). Under clause 7.28. I am not sure what the result would be but you should have given it a chance yourself IMO.

But you can still write them now and try may luck favors you now.

Regards,

[ibabdelt]

Thanks for the advice. I will write to them once I receive the BRP and ensure the time given was 3 years. Did you know of any similar case that got extension to cover the 5 years ? actually I did not hear any
Even if I got teh 5 years, how to get the ILR knowing that the last chance for Tier 1's is before April 2018?

[naveediiqbal]

Thanks for the advice. I will write to them once I receive the BRP and ensure the time given was 3 years. Did you know of any similar case that got extension to cover the 5 years ? actually I did not hear any
Even if I got teh 5 years, how to get the ILR knowing that the last chance for Tier 1's is before April 2018?

Hi,

I was wondering how the case officer will know how much time you need (as form does not show any such information to put). only the giuidance says

3) Tier 1 (General) extensions will be granted for either three years or the balance the applicant needs to take their time granted in the category to five years, whichever is longer. Applicants who wish to apply for indefinite leave to remain in the future must still ensure that they do not have excessive absences from the UK throughout the 5 years and can meet the specific Tier 1 (General) ILR requirements.

So I assume that it will be either you in person or through cover letter in case of postal may communicate to the case worker, otherwise the default will be a three years given to all. (you need to ask). Or I have missed come info in form in that case some one can guide me as well.



Regards,
Navved

[ibabdelt]

My documents shows clearly that I have claimed 0 points for UK experience. which means that I did not work in UK . also my records shows that I have claimed overseas earnings this time and also back in 2012 , so I assumed they would know it. However, I agree with you that I should have mentioned this clearly in a cover letter or so, I was trying to avoid bringing this to their attention anyway not to get refusal ..I had a thick folder full of email evidence that I was trying to find a job and do interviews throughout the past 5 years but I kept it with me in case if they call me for questions. Actually they called me on the phone and asked me if I am still working for my overseas employer and what is the start date for my new employer in UK .

My only hope is that the person who checked my details on the system made a mistake and that the BRP would come with 5 years validity, otherwise I have now saved the document that has clause 7.28 and will write to them once I received the BRP - thanks really for the advise, I will give it a try for sure

[naveediiqbal]

You are welcome. Please update when BRP is received what period it mentions and if less then three how you are getting on with appeal then.

[dandm]

Just my opinion but from some things I read I think the intention with the five years clause is not to encompass people with absences but rather to encompass people that had long winded appeals on their initial grant (back in late 2010, early 2011), and who wouldn't make it to 5 years by April 2015 because of this.

Back in December we were debating this in another thread and someone linked this statement per this directorate, page 3:

https://www.gov.uk/government/uploads/s ... _6a_01.pdf

"On 6 November 2014, the Immigration Rules were amended to ensure all Tier 1
(General) applicants submitting an extension application were granted sufficient
leave to take them to settlement. Caseworkers were not required to assess any
absences from the United Kingdom when considering the correct length of leave to
grant, as extended absences from the UK do not alter total the period of leave the
applicant was granted."


On the actual technical wording of the clause you could challenge though perhaps as when we all first read this it was the assumption it would apply to people in your situation.

Whether Tier 2 is possible depends a lot on your profession, and how in demand your skills are. If your employer values you and you are not easily substitutable with a local candidate then you'd have a decent shot. I think also that if you are already in country and switching from a Tier 1 then you don't count in the Tier 2 quota which is a plus.

[rampydi]

Hi,

I am rampy from china.

I am new to extension using limited company. Went through many forums, can't get clear clarification.

1. I am going for visa extension this month (Feb-2015).
2. I need 40k to achieve points.
2. I am showing GROSS Salary of 10k
3. Gross Dividends as 30k
4. Showing 12 Consecutive months earnings as Salary + Dividends (From Feb 2014 to Jan 2015) to get 20 points

-- Net dividends 27K (before gross) took one time as dividend on last month (Jan-2015).

So, question is here

I don't have work for more than 8 months (Between Feb 2014 to Sept 2014), No earnings on that time.
But I have worked as a contractor before Before and After Sept 2014.
Before Feb 2014, I earned some money and it was in Business account and also earned some money after September 2014
So, The total I have in my business account as profit of 27k net(before gross). So I took the same.

ie:
Before Feb 2014 I left carry forward profit as 10k
After September I earned profit as 17k.

Will home office will consider the 10k net as valid earning? I earn that before Feb 2014 (business invoices amount as IT contractor). I have those invoices.

Good thing that I took 10+17 profit as single dividend on last month (Jan 2015) which fall in 12 month consecutive period.

My profit and loss account will not show the 10k in 12 months period, but accountant letter will show the Gross dividend and Salary as 40k ie: 30+10

Will home office will treat the date of dividend took from Business account to current account or based on invoices earnings and profits?

Please suggest.

[TKP19]

Hi,

I would really appreciate any help on my sitation below. Below are my details.

Initial Tier 1 General visa granted from 01/08/2010 to 01/08/2012.
Got this extended in 2012 and the next expiry date is till 20/12/2015.

- I first entered in UK on 18/10/2010 for an interview (Please note that I entered UK within 90 days of my initial grant of Tier 1 visa) and left on 19/10/2010. I was there in Uk just for a day.
- Then on 03/01/2011 again entered UK and since then never left UK (Between 19/10/2010 till 03/01/2011 I was preparing myself for relocation).

Below is my calculation for continous days for ILR

Year to Year from Period
31/08/2015 30/08/2014 1
31/08/2014 30/08/2013 2
31/08/2013 30/08/2012 3
31/08/2012 30/08/2011 4
31/08/2011 30/08/2010 5 (Approx 126 days absent from UK)

The continous days calculation for ILR says that one should not be absent for total of 180 days within any consecutive 12 months period. As per the above calculation I am within 180 days absence criteria set by UKBA but at the same time they are asking for supporting documents to explain these absence, I dont have any suppirting documents for these absence because during these days I was preparing myself for relocating to UK.

I would appreciate if anyone can let me know How this situation be dealt with ? AND Can I apply for ILR or not on 31/08/2015 ?

Regards

[rohithtr]

Hi,
Going for my 2nd visa extension on March 4 2015. Please wish me good luck. I worked for 6 months as director of company (self employed) and permanent afterwards. Hope I can get any tips . Read a few posts on Genuine Earnings Test and wanted to know if this is applicable for my case as well. Can someone who knows about this give a quick headsup. I will share more details on my earnings . Looking forward for some active help guys.

Thanks and Rgds,
Rohith

[dreamers315]

Hello Team

I am currently holding Tier 1 UK General visa and this is expiring by 3rd June 2016. My first grant of T1 G visa is by June 2011 and it was for 2 years and then took the 1st extension by June 2013 and it is for 3 years. I will complete 5 years by then to become eligible for applying ILR visa.

My wife came to UK on a Tier 1 UK General dependant visa on 12th Feb 2013 and we both together applied for Tier 1 UK visa 3 years extension by June 2013. So her current Tier 1 UK Dependent visa will expire by 3rd June 2016. By then she will complete 3 years and 4 Months in Tier 1 General dependent visa.

I guess the Indefinite Leave to Remain Visa application requirements has changed recently and so I would like to clarify the below

As per new ILR eligibility my wife will be eligible to apply for ILR only if she completes 5 years in Tier 1 UK General visa and
also I heard that the UK Tier 1 General Visa extensions are getting closed by April 2015.

So if she applies for another 3 years extension before April 2015 then she will complete 5 years in UK Tier 1 UK dependent visa by Feb 2018 and so she can apply for ILR by that time? Can we able to apply for 2nd extension for her before the 1st extension expiry? Can he able to apply for the 2nd extension on her own or do i also need to apply mine for 2nd extension?

Let me know what is the best route to achieve the ILR eligibility for her.

Thanks

[askhan]

Hi Mate,.

Dont worry about the closing date, as this is only for main applicants.
Dependent can extend their visa after the date as well.
So she can extend her visa on PBS dep in june 2016.

Hope this helps.

Thanks
Akbar

[Thakur123]

Hello Friends - I have just joined the forum. I have passed my life in uk test recently and found that Place of Birth is incorrectly mentioned in the pass certificate. Is there anyway I can get this corrected? PLEASE ADVISE.

[khan_80]

Dear All
I have currently valid Tier1 Visa until 2017feb, but due to stay max time outside, I will not be able to apply ILR upto 2017 Feb.

Can I apply before 5th April to extend my visa again for 3 years, but keep in mind currently I still have valid visa until 2017 and still I can get 110 points for extension.

Do any one has such experience or knowledge that having long enough visa and can get extension.

[jeevs_uk]

Hi All,

I am in the same situation, not clear whether to go for second extension or wait till December 2015 and apply directly for ILR.

I got the Tier1 General Visa approval on 10/01/2011 and entered UK within 90 days that’s on 06/04/2011 (87 days).

Now the First extension visa is valid till 2/2/2016.

My Query.

As, I will only be covering 5years in UK on April 6th 2016. Where my visa is valid till 2/2/2016 and a gap of 2months (Feb,Mar). Do I need to go for an extension to be in a safe side that’s before April 6th 2015 (Tier 1 General extension closed ). Where I don’t find any clause on UKBA portal that tell me that I am eligible for ILR on or before 10/01/2016, considering my entry is within 87 days.

Could you please help me in clarifying my queries. Thanks

[nggooner]

Hi all,

I wanted to ask for general advice regarding my wife's visa extension.

She arrived in the UK as a dependent under my Tier 1 General visa in November 2012. I have switched to ILR this month and her visa runs out in July 2015. I had two questions:

1. What is the best route for renewal? I have been confused with the PBS dependent extension given I am no longer a PBS migrant.
2. Does the timing of her visa renewal matter? i.e. applying in April vs. June 2015?

Your clarification would be very helpful!

Many thanks!

P.S: I apologise for my naivety regarding some of the questions.

[jshah585]

Dear All,

I applied my tier 1 extension in October 2012 it was in time application with all required documents . I was satisfying all points but I was charged with criminal offence in 2012 so ukba put my file on hold. Unfortunately i convicted in 2014 and received 30 months sentence . I received deportation order because of conviction and in that ukba mentioned that they refuse my tier -1 application because of conviction.

I have not received Tier -1 appeal rights ,As UKBA did not consider my tier -1 application and refuse it in deportation order (due to conviction) . am I entitling for appeal right in country for tier -1.

Hope to receive positive response soon.

Kindest regards