2nd extension of Tier 1 General instead of applying for ILR

[sarrial]

Hi

I shall complete my five years in the UK inJuly 2013. My current leave expires in May 2013.

I may not be in the country in April / May 2013 due to some personal reasons. So I may not be able to apply for ILR.


Can I apply 2nd extension of Tier 1 General? As per PBS, I do qualify for the points. If I apply, how long would be the leave to remain?

Details of my Visa:

HSMP Visa stamped on = 1st May 2008
First Entry in UK = 6th July 2008
Extension under Tier 1 (General) = 6th May 2010
Tier 1 General visa expires = 6th May 2013

Thanks in advance for your advice.

[tier1_aspirant_del]

I think you can apply directly for ILR. As per ILR guidelines if you can discard delay of upto 3 months for entering into UK after you get your first Tier1/HSMP stamped.

Your HSMP was stamped on 26th May 2008 and you enter UK on 6th July 2008. So you can treat your entry to UK as 26th may 2008 for ILR purposes (discard delay of less than 3 months). So you can directly apply for ILR.

But you would be eligible to apply for ILR from 28th April only (within 28 days of your visa expire). So I would suggest to try for PEO appointment same day service, prepare all documents and get it.

Now if you can't be here in April due to personal reasons then extend your visa as Tier1 now and get ILR stamped if you come back.

[tier1_aspirant_del]

Here is the abstract from the ILR guidance -

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. You may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years.