ILR or 2nd extension of Tier 1?

bullseye81 · Post by **bullseye81** » Tue Sep 04, 2012 10:10 pm

Hi

I have found this board to be very useful, but as I could not find a situation that is the same as mine, I would like to receive advice from others.

My timeline is as follow:

1 July 2008: received EC as part of HSMP
7 July 2008: entered UK
24 July 2008: left UK to return home to finish my old job
30 Sep 2008: returned to UK and started new job in the UK
1 Jul 2010: renewed my leave to remain after converting to Tier 1 (general)
1 Jul 2013: my current leave to remain will expire

Other than the 96 days that I was away between 24 July and 30 Sep 2008, I have not been away for more than 90 days, and have been away in the UK for less than 180 days.

My question is: do I meet the 5 year continuous period to apply for ILR when my current leave expires on 1 July 2013, or do I need to apply for a second extension of my leave under Tier 1?

Thank you.

uksettlement · Post by **uksettlement** » Tue Sep 04, 2012 10:14 pm

You do not need a 2nd extension...

bullseye81 · Post by **bullseye81** » Tue Sep 04, 2012 10:26 pm

uksettlement wrote:You do not need a 2nd extension...

Thank you for your quick response. Why do you say that I don't need a 2nd extension? I thought the rules are each visit outside of the UK must not be more than 3 months, otherwise the 5 years continuous residence is broken. I could be wrong, and this is the point I'd like clarification on.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Sep 05, 2012 8:56 am

bullseye81 wrote:Hi

I have found this board to be very useful, but as I could not find a situation that is the same as mine, I would like to receive advice from others.

My timeline is as follow:

1 July 2008: received EC as part of HSMP
7 July 2008: entered UK
24 July 2008: left UK to return home to finish my old job
30 Sep 2008: returned to UK and started new job in the UK
1 Jul 2010: renewed my leave to remain after converting to Tier 1 (general)
1 Jul 2013: my current leave to remain will expire

Other than the 96 days that I was away between 24 July and 30 Sep 2008, I have not been away for more than 90 days, and have been away in the UK for less than 180 days.

My question is: do I meet the 5 year continuous period to apply for ILR when my current leave expires on 1 July 2013, or do I need to apply for a second extension of my leave under Tier 1?

Thank you.

Please check your dates again, as highlighted above. 24Jul to 30Sep cannot be 96 days.

bullseye81 · Post by **bullseye81** » Wed Sep 05, 2012 1:15 pm

wpilr_nov12 wrote:
bullseye81 wrote:Hi

I have found this board to be very useful, but as I could not find a situation that is the same as mine, I would like to receive advice from others.

My timeline is as follow:

1 July 2008: received EC as part of HSMP
7 July 2008: entered UK
24 July 2008: left UK to return home to finish my old job
30 Sep 2008: returned to UK and started new job in the UK
1 Jul 2010: renewed my leave to remain after converting to Tier 1 (general)
1 Jul 2013: my current leave to remain will expire

Other than the 96 days that I was away between 24 July and 30 Sep 2008, I have not been away for more than 90 days, and have been away in the UK for less than 180 days.

My question is: do I meet the 5 year continuous period to apply for ILR when my current leave expires on 1 July 2013, or do I need to apply for a second extension of my leave under Tier 1?

Thank you.
Please check your dates again, as highlighted above. 24Jul to 30Sep cannot be 96 days.

Sorry I meant 24 July to 30 October, so excluding the 2 days that I was travelling, it was 96 days. Does this meant that I do not meet the 5 year continuous period?

wpilr_nov12 · Post by **wpilr_nov12** » Wed Sep 05, 2012 1:21 pm

For a smoother ILR application later on, an extension to cover at least until October 2013 is recommended.

uksettlement · Post by **uksettlement** » Wed Sep 05, 2012 10:38 pm

if the total number of days are 96 and the dates specified earlier were wrong then you wont qualify for ILR as the absence wasn't work related hence Oct 2013 is more realistic date.

bullseye81 · Post by **bullseye81** » Thu Sep 06, 2012 8:13 pm

uksettlement wrote:if the total number of days are 96 and the dates specified earlier were wrong then you wont qualify for ILR as the absence wasn't work related hence Oct 2013 is more realistic date.

Thank you both kindly for your advice. I have resigned myself to spending lots of money again to apply for a Tier 1 extension before applying for ILR.

wpilr_nov12 · Post by **wpilr_nov12** » Thu Sep 06, 2012 10:55 pm

bullseye81 wrote:
uksettlement wrote:if the total number of days are 96 and the dates specified earlier were wrong then you wont qualify for ILR as the absence wasn't work related hence Oct 2013 is more realistic date.
Thank you both kindly for your advice. I have resigned myself to spending lots of money again to apply for a Tier 1 extension before applying for ILR.

When you eventually complete your 'clean' five years, you will be in much better position for ILR, and no amount of money can buy you that comfort. Don't be disheartened by the money now.

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ILR or 2nd extension of Tier 1?

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