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

dandm · Post by **dandm** » Thu Oct 30, 2014 4:28 pm

The new rule is not coming in until the 6th of November per my reading, so I guess it's not surprising that the helpline people are not all up with what's going on (though they should be, and it's reassuring to hear that at least one guy is aware of it). On that date we should be able to see it in black and white in the immigration rules.

As we know in the past the UKBA have not been very consistent in implementing the current rule (which dictates anyone granted their visa post April 2010 should receive 3 year extensions) and people have had to appeal that.

I think it's going to take some time and people being relatively assertive to ensure they apply the new rule. But as long as it changes in November and is a real rule we should be okay.

naveediiqbal · Post by **naveediiqbal** » Wed Nov 05, 2014 6:19 pm

The forms on website not yet updated. Are they joking or some thing as if the new rule start applicable from tomorrow then it should have been applied on forms already. Are the UK GOV people lazy or some thing

ca4nul · Post by **ca4nul** » Thu Nov 06, 2014 9:22 am

Its Updated on their website and its official now.

https://www.gov.uk/tier-1-general/overview

naveediiqbal · Post by **naveediiqbal** » Thu Nov 06, 2014 9:27 am

Yes just saw that. congrates to all

just careful with your absences from here

iubus2005 · Post by **iubus2005** » Thu Nov 06, 2014 9:57 am

I still don't see how they will determine how much time left for ILR? It seems it is going to be 3 years in all cases. We have to see what someone's experience is with applying under the new rule?

Cheers.

tier1extend · Post by **tier1extend** » Thu Nov 06, 2014 10:52 am

yes that would be interesting. Maybe they will extend until april 2018 for most cases .

Also lets see whats in store of ILR. There is a point regarding some adjustments for tier 1 general in the statement of changes.
"The Home Office will assess what provisions are needed for indefinite leave to remain applications once all extension applications have been processed after April 2015,and will consider making adjustments in a future Statement of Changes"

i think Home office will put some transitional steps for existing t1 holders if in case someone doesn't qualify for ilr in 2018.

iubus2005 · Post by **iubus2005** » Thu Nov 06, 2014 11:57 am

Yes. For example, there is no change in the form to enter entry / exit dates etc. to determine how much time you need to qualify for ILR. I wonder why they didn't just give everyone 5 years and not have it open to interpretation of case workers?

naveediiqbal · Post by **naveediiqbal** » Thu Nov 06, 2014 12:13 pm

iubus2005 wrote:Yes. For example, there is no change in the form to enter entry / exit dates etc. to determine how much time you need to qualify for ILR. I wonder why they didn't just give everyone 5 years and not have it open to interpretation of case workers?

They wont as UK GOV Tier 1 team just follow the guidance based on statement of changes so I think they will give standard 3 years to every one.

dandm · Post by **dandm** » Thu Nov 06, 2014 5:29 pm

It's good to see that our reading was right.

The new rule is now there in the updated Immigration Rules, so that we can cite it to the UKBA staff if necessary:

245CB. Period and conditions of grant
(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.

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

naveediiqbal · Post by **naveediiqbal** » Fri Nov 07, 2014 10:18 am

dandm wrote:It's good to see that our reading was right.

The new rule is now there in the updated Immigration Rules, so that we can cite it to the UKBA staff if necessary:

245CB. Period and conditions of grant
(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.

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

Credit goes to the original poster of this post Thanks svuk for your heads up

iubus2005 · Post by **iubus2005** » Fri Nov 07, 2014 1:31 pm

245CB. Period and conditions of grant
(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,

It seems 5 years is not linked to ILR. It is the time granted in the category. Since everyone got Tier 1 at least 3 years ago, this clause is either not worded correctly or will be useless.

naveediiqbal · Post by **naveediiqbal** » Fri Nov 07, 2014 2:25 pm

iubus2005 wrote:
245CB. Period and conditions of grant
(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,
It seems 5 years is not linked to ILR. It is the time granted in the category. Since everyone got Tier 1 at least 3 years ago, this clause is either not worded correctly or will be useless.

Minimum you will get 3 years. I think that should be sufficient for most of us all left for ILR in this category.

iubus2005 · Post by **iubus2005** » Fri Nov 07, 2014 4:07 pm

Everyone was anyway getting 3 years extension, before this change. Why not give everyone 5 years extension from the date of application? Everyone is paying the same amount of fees, and meeting similar criteria. Does not make great sense to have VISA duration different for different people.

naveediiqbal · Post by **naveediiqbal** » Fri Nov 07, 2014 4:45 pm

iubus2005 wrote:Everyone was anyway getting 3 years extension, before this change. Why not give everyone 5 years extension from the date of application? Everyone is paying the same amount of fees, and meeting similar criteria. Does not make great sense to have VISA duration different for different people.

I personally think at least it give a fair chance to most. and the few ones who need more the 3 may get by showing why to case worker through a cover letter etc. So eventually all will get time needed to fulfill 5 years period.

dandm · Post by **dandm** » Fri Nov 07, 2014 5:14 pm

I don't think they were giving 3 years to everyone previously. I've seen plenty of reports of 2 year extensions, and when we called the help line they said they alternate extension lengths, you get 3 then you get 2 then you get 3 etc. By that logic we were due a 2 year extension, so I'm very pleased they've changed it to a minimum of 3.

I agree that the way it is worded it's hard to see many people getting more than 3 years, though that is the intention if you look at the explanatory memorandum.

shahge45 · Post by **shahge45** » Sun Nov 09, 2014 11:29 pm

is Tier 1 General Visa can be extended for more than 5 years ? like if some out of country for more than 6 months or he got conviction so i want to know is there any 1 who got extension of Tier 1 after 5 years normally after 5 years is ILR but if some 1 not eligible can his visa be extended?

iubus2005 · Post by **iubus2005** » Mon Nov 10, 2014 1:55 pm

[quote="dandm"]I don't think they were giving 3 years to everyone previously. I've seen plenty of reports of 2 year extensions, and when we called the help line they said they alternate extension lengths, you get 3 then you get 2 then you get 3 etc. By that logic we were due a 2 year extension, so I'm very pleased they've changed it to a minimum of 3.

I agree that the way it is worded it's hard to see many people getting more than 3 years, though that is the intention if you look at the explanatory memorandum.[/quote]

I think everyone was getting five years. Those who didn't were able to contest, and change to 5 years. (Of course, some didn't bother because they were eligible sooner for ILR and didn't care for 3 years!!)

UpendraBestha · Post by **UpendraBestha** » Wed Nov 12, 2014 8:15 pm

Hi,

Is this rule applied to Tier 1 General Migrant as well?

My Wife first joined me in the Year Aug 2012, went On Maternity leave to India and came back to UK in January 2014; In total, she spend in uK for nearly 1 Year 5 Months and we are planning to go for 2nd visa extension in the month of December 2014.

1) My wife was away for 1 Year, will her absence considered for 5 Year Calculation?

2) If UKVI consider her absence, then my wife will be shortage of 3 Year 7 Months and my Son will be shortage of 4 Years to be eligible for ILR( 5 Years completion).

3) Will they be extended for more than 3 and Half Years to be eligible for ILR?

Can anyone please clarify me on this, please.

Regards,
Upendra.

naveediiqbal · Post by **naveediiqbal** » Thu Nov 13, 2014 9:52 am

UpendraBestha wrote:Hi,

Is this rule applied to Tier 1 General Migrant as well?

My Wife first joined me in the Year Aug 2012, went On Maternity leave to India and came back to UK in January 2014; In total, she spend in uK for nearly 1 Year 5 Months and we are planning to go for 2nd visa extension in the month of December 2014.

1) My wife was away for 1 Year, will her absence considered for 5 Year Calculation?

2) If UKVI consider her absence, then my wife will be shortage of 3 Year 7 Months and my Son will be shortage of 4 Years to be eligible for ILR( 5 Years completion).

3) Will they be extended for more than 3 and Half Years to be eligible for ILR?

Can anyone please clarify me on this, please.

Regards,
Upendra.

I think the rules only covers the main applicant and dependents only get extension up to what main gets (so she will get either minimum three years or more based on what you gets).

Somebody with more experience please correct me if I am wrong

khan_80 · Post by **khan_80** » Thu Nov 13, 2014 3:22 pm

Hi All
I got my Tier1 in 2010 but I was abroad on job and my continuous period was broken 2 times, but since January 2014 I am here in the UK and doing permanent job and paying the tax every thing. But next year 2015 April they are closing extension and April 2018 closing ILR.
As I will need another 4 years to complete 5 years for ILR.

1)what does this Rule mentioned in HC793 that an extension will be either 3 years or the balance the applicant need to complete their 5 years. So according to this rule can I get 4 year visa.
2) If I get 4 years visa in March 2015 it means it will be ending in 2019 March but ILR is closing in 2018 April. so what will be the benefit of getting 4 years visa if we can't apply for ILR or may be the HO will make some change after 2015 april for ILR, as the home office mentioned that home office will consider future change of statements for ILR once all the applications for Extension has been processed in April 2015.

Please support to answer my queries.

khan_80 · Post by **khan_80** » Thu Nov 13, 2014 5:20 pm

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

Postby MACY » Fri Oct 17, 2014 12:36 am

Hi MACY
I came in feb 2014 and start again my job here and before I got a break of 1 year in continuous period. So it means my time will again count from feb 2014. so until april 2015 it will be just like I spend 13 months here and will need an extension for 3 years and 11 months. So it it possible that I will get visa extension for 3 years 11 months or 4 years.

naveediiqbal · Post by **naveediiqbal** » Fri Nov 14, 2014 3:59 pm

khan_80 wrote:Re: New rules to Tier 1 (general): 3-5 years for 2nd extensi

Postby MACY » Fri Oct 17, 2014 12:36 am

Hi MACY
I came in feb 2014 and start again my job here and before I got a break of 1 year in continuous period. So it means my time will again count from feb 2014. so until april 2015 it will be just like I spend 13 months here and will need an extension for 3 years and 11 months. So it it possible that I will get visa extension for 3 years 11 months or 4 years.

By the rules it seem YES!

dinusha · Post by **dinusha** » Sun Nov 16, 2014 10:50 pm

Hi,

I have a question regarding Tier 1 General 2nd Extenstion.
Can I apply Tier 1 General 2nd Extension according to the new rule (Policy Guidance - 6th November 2014).

Thanks,
Dinusha.

naveediiqbal · Post by **naveediiqbal** » Mon Nov 17, 2014 10:24 am

dinusha wrote:Hi,

I have a question regarding Tier 1 General 2nd Extenstion.
Can I apply Tier 1 General 2nd Extension according to the new rule (Policy Guidance - 6th November 2014).

Thanks,
Dinusha.

I dont see why you can't? please provide enough details why don't you think so?

dinusha · Post by **dinusha** » Mon Nov 17, 2014 2:19 pm

Thank you very much for your reply.

In "https://www.gov.uk/tier-1-general/overview"

It says

"How long you can stay

You can extend or switch to a Tier 1 (General) visa for 3 years. However in all cases you’ll be given enough leave to take the total leave granted in Tier 1 (General) to 5 years.

You may be able to apply for settlement once you’ve been in the UK for 5 years."

What it does mean? Can you please explain me.

naveediiqbal wrote:
dinusha wrote:Hi,

I have a question regarding Tier 1 General 2nd Extenstion.
Can I apply Tier 1 General 2nd Extension according to the new rule (Policy Guidance - 6th November 2014).

Thanks,
Dinusha.
I dont see why you can't? please provide enough details why don't you think so?

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