4 years 11 month tier 1 visa and ILR

naqs · Post by **naqs** » Mon Sep 17, 2012 4:32 pm

Hello Folks,

This is my first post, i am currently on Tier 1 (General Visa) initially granted on 24th july 2009 and extended on 28th June 2012.

Tier 1 Background

First Grant of Tier 1 ( General ) - 24th July 2009 - 24th July 2012

Second Grant of Tier 1 ( General ) went for Extension a month earlier due to my employment obligations - 28th June 2012 - 28th June 2014

Earliest elgiible date to apply for ILR - 27th June 2014 ( 28 days before completing 5 years )

My visa accounts to only 4 years 11 months, i will have only one day thats 27th to apply for ILR.

Absences Background

I had been deputed twice to work offsite out of UK on a project , of which one trip got extended beyond 90 days . However, during all this period when i was out of UK, I Was getting my salary paid into my UK account, and i was paying all of my rent , utility bills, council tax here in UK.

First Trip - total 113 days out of UK
Second Trip - total 82 days out of UK

My Questions
1) can i apply for ILR before 27th june 2014 since i have only been given 4yrs 11 month in total instead of 5 years ?

2) I am palnning to go in person for ILR on 27th june 2014, seeing from the fact i have been away for more than 180 days , what will happen if my ILR is rejected , do i get any time to make a new application ( my tier 1 visa will expire next day on 28th june 2014 which is saturday).

would really apprecaite some advice and directions.

Regards
Naqs

Post by **geriatrix** » Mon Sep 17, 2012 4:41 pm

The date of first grant of leave is irrelevant unless it was an in-country application (i.e.- from within the UK).

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting.

naqs · Post by **naqs** » Mon Sep 17, 2012 4:48 pm

I have been on Tier 1 all the way through and it was from within UK.

My first grant was for three years and second for 1 year 11 months.

where do i stand as i don't fall under exception ( for people who applied from out of UK ) and ( for people who switched from other category ).

innocentdevil · Post by **innocentdevil** » Mon Sep 17, 2012 4:53 pm

extension and then ILR

Post by **geriatrix** » Mon Sep 17, 2012 4:53 pm

What was your immigration status in the UK before you applied for Tier 1 (General) in 2009?

Post by **geriatrix** » Mon Sep 17, 2012 4:56 pm

innocentdevil wrote:extension and then ILR

Why? What stops the OP from applying for settlement by post on 27th or 28th June 2014?

naqs · Post by **naqs** » Mon Sep 17, 2012 5:06 pm

Before Tier 1 , I was on two years work permit ( fresh talent working under scotland scheme) which has now expired.

Can i apply by post on the last date even though its on saturday ( 28th) and the documents would have not reached the home office then ?

Also, is thier any chance i can get the home office to extend my visa for a month , since it has only been given for 1 yr 11 months ?

innocentdevil · Post by **innocentdevil** » Mon Sep 17, 2012 5:16 pm

my mistake i misread the expiry as 2012. sushdmehta is right

Post by **geriatrix** » Mon Sep 17, 2012 5:50 pm

naqs wrote:Can i apply by post on the last date even though its on saturday ( 28th) and the documents would have not reached the home office then ?

Yes (34G). Use Royal Mail Special Delivery and keep the proof of posting in safe custody.

naqs wrote:Also, is thier any chance i can get the home office to extend my visa for a month , since it has only been given for 1 yr 11 months ?

The policy guidance explicitly states that applicants should not make an extension application more than 28 days before the expiry of first grant. If one does, they may find themselves in the same situation as you find yourself in.

naqs · Post by **naqs** » Tue Sep 18, 2012 10:09 am

The policy guidance explicitly states that applicants should not make an extension application more than 28 days before the expiry of first grant. If one does, they may find themselves in the same situation as you find yourself in.

Thanks sushd, but i fall within 28days period before my intital grant expires.

Initial Grant Expires = 24th july 2012

Extension Applied = 28th June 2012 ( i am within 28 days period )

Post by **geriatrix** » Tue Sep 18, 2012 10:41 am

In such case, an unfortunate mistake by the caseworker. Though the window is small, you still have enough leave to enable you to apply for settlement (27th & 28th).

No harm in writing to UKBA and getting the error rectified. The link points to EC guidance but don't worry as the same team is to be contacted for errors regarding leave to remain (in-country applications).

ldbright · Post by **ldbright** » Tue Sep 18, 2012 7:04 pm

sushdmehta wrote:In such case, an unfortunate mistake by the caseworker. Though the window is small, you still have enough leave to enable you to apply for settlement (27th & 28th).

No harm in writing to UKBA and getting the error rectified. The link points to EC guidance but don't worry as the same team is to be contacted for errors regarding leave to remain (in-country applications).

Hi everyone here

I am facing the similar problem.

My application is in country so my initial Tier 1 is granted
from 22/April/2009 -- 22/April/2012

On 02/April/2012, I went for an in-person extension, which is within 28 days limit. and my extension was give till 02/April/2014

My questions is:
Do I have to go through a 2nd extension as from the starting point of the 5 years which is 22/April/2009 to the end of my extension 02/April/2014, I am short of 20 days despite visa was extended within the 28 days rule.

Your advice is very much appreciated!

Post by **geriatrix** » Tue Sep 18, 2012 7:29 pm

Your query has already been answered. - where in it is explained that you have enough leave, like the OP (who has a smaller window though), to allow you to apply for settlement without needing an extension or correction.

ldbright · Post by **ldbright** » Tue Sep 18, 2012 7:54 pm

sushdmehta wrote:Your query has already been answered - where in it is explained that you have enough leave, like the OP (who has a smaller window though), to allow you to apply for settlement without needing an extension or correction.

Thank you Sam, you do have good memory/powerful search engine.

Who is OP? I thought I was OK still read this post and saw you suggested Naqs to write to UKBA as 'In such case, an unfortunate mistake by the caseworker.'

That is where the confusion comes from and the reason I replied in this post.
Maybe I missed something but thank you anyway!

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4 years 11 month tier 1 visa and ILR

4 years 11 month tier 1 visa and ILR