Tier1 Extension for ILR Issue

[Omo1978]

Hello,

I have a situation whereby It seem I have no other option but to apply for extension before ILR. See visa details below:-

Visa Type:- Tier 1
Issued Date:- 20th May 2010 Expired 20th May 2012
Landed:- 4th Nov 2010 (168 days after issuance due to pregnancy. Gave birth in Jul 2010)
Renewed visa:- 2nd July 2012 to Expire 2nd July 2015

On my visa expiry in July 2015, I will be about 40 days less to qualify for ILR. So I am trying to see if the plan I am putting together can work and save me some money (About 5k).

I plan to apply for extension sometime in June 2015 with my 3 dependants. Once I get our passports back, I should be qualified for ILR which I intend to apply for in person for myself only as soon as possible.

After a year on ILR, I should be able to apply for naturalization and get my british passport. I plan not to apply for ILR for my dependants as thier renewed visa (after Jul 2015) will be valid for a further 2 years from Jul 2015 which is enough time for me to fulfil the 12 Months naturalization requirement after ILR.

When I get my British passport, I will then apply for naturalization for my dependants. Is this possible and legal? This will mean that they wont apply for ILR but move from Tier1 dependants to naturalization?
I will really appreciate your contribution

[shace318]

I don't think your dependents can apply for naturalisation from Tier-1 dependent visa, they need to be in ILR for at least a year.

[Omo1978]

Thanks for the response. Can I also ask this question? I planned to enter the UK within the 90 days period for first entry but I could not as I had my baby through caesarean section and could not travel and ended up spending 168 days.

Is there any chance that this can be considered under the discretion rule?

[shace318]

you haven't been in UK for the absence to start, suppose if you have landed within 90 days and left UK
immediately and were absence for 168 days due to pregnancy then the answer is yes.

however you have absence of 168 days before your 1st entry. I believe one has to be in UK for the
absence clock to start. my opinion answer is NO however seniors members can advise on this.

shace

[Omo1978]

Thanks Shace. Any other comment please

[sagareva]

look, if dependants = kids less than 18, then yes they CAN be registered as citizens directly from Tier1 dependant or any other status for that matter. the rules do not encourage, but do not prohibit it, and it is addressed in MN1 guidance as a possibility. it can be done, provided they meet other requirements. remember, registration of children is at discretion.

any adult needs to be free from immigration control first, hence needs ILr

[sagareva]

and yes you do need a second extension, inevitably IMHO

[Omo1978]

Thanks Sagareva, its looking more and more like I just have to extend for all first then ILR later

[Trickytok]

Please apply before april 2015 coz after that they are closing extensions forntier 1

[Omo1978]

Thanks for the information Dozywalia. I can not read the message you sent me as I don't have access to the functionality yet as I just registered. Please can you let me know where you got the information? I just want to know but I will definitely make sure I apply before April 2015.

[Trickytok]

Its everywhere.. Read it in the sticky topics . No more extensions for tier 1 general after april 2015 so apply it sooner than later.

[VijayUK]

Hi Omo1978,

How are you doing ? What is your take ?

Will you apply for second extension and then go for ILR ? If so when are you planning ?

Regards
Vijay

[Omo1978]

Hello Vijay,
It seem like the only option I have is to extend again. I am planning to apply at the end of march 2015. I plan to apply for ILR later in 2015