Tier 1 General Extension - Missed April Deadline

[Pranvayu]

Please help - I have just been made aware that I should have filed for Tier 1 (General) extension by 5 April.

My current visa is valid until January 2016 and requires another extension (for 8 months) to complete 5 years for ILTR.

I was planning on applying for the extension in Nov/Dec 2015 but have been informed that all extension applications should have been made by 5th April.

My fault that I didn't keep on top of things.

What do I do now? I've called a few immigration lawyers and everyone says nothing can be done.

Surely, there are others in similar situations. There must be a way around?

Any help will be greatly appreciated.

Kind regards,

[CR001]

Surely, there are others in similar situations.

Most Tier 1 applicants would have had enough leave or have applied before 5th April for extensions.

There must be a way around?

No, there isn't unfortunately.

The only option you would have, I think, is to apply in another category (Tier 2) if you can get a sponsor or Tier 1 Ent if you have the funds for investment.

[jayacpr]

@pranav ,
how come you require another 8 months ??
you will given 2 +3 years of visa which willl satisfy 5 years .?

[Pranvayu]

Hi Jaya,

I require another extension due to late entry to the UK.

My timeline is:

Tier 1 granted in December 2010 - for 2 years
Date entered UK: July 2011
1st extension granted in January 2013 - for 3 years
Next visa extension date: January 2016
In January 2016 I will have been in the UK for 4 years and 5 months hence the shortfall of 7 months.

The natural course was to apply in January 2016 for another extension and then apply for ILTR after 5 years of being in the UK.

The next logical solution is to apply for a Tier 2 but need to find a sponsor etc .

Questions re: Tier 2. If I am able to transfer to Tier 2: Will the time on Tier 2 count towards 5 years continuous residence and towards ILTR? (4 years 5 months on Tier 1 plus 7 months on Tier 2)

Is there an executive appeal? I have two young children who are dependent. Can humanitarian grounds be considered? I'm not from a war torn area but am from India.

[iubus2005]

Only if you are able to transfer to Tier 2 General, the period spent on Tier 1 will count towards ILR. Sorry to hear the situation. Talk to lawyers and may be to local MPs? The language in the form does say that they may consider further changes after April 5 deadline is passed and all tier 1 G are processed.

[O_Relly]

Sorry to hear mate. Speak to your employer and find out if they are able to sponsor your Tier2, and start looking at other Tier2 sponsors.

Good luck.

[Pranvayu]

Thanks everyone,

My employer is likely to agree to Tier 2 sponsorship but we will have to undergo the licencing process etc. Fingers crossed.

If Tier 2 isn't successful then the only other option is to apply for a "Discretionary Application" and hope my explanation is considered. I will also seek local MP's assistance etc.

Question: Does the time during Discretionary Application - or subsequent appeal as it's likely to require appeal to higher tribunal, count towards ILTR?

[CR001]

On what basis or reason will you make a discretionary application?

[Pranvayu]

Basis for Discretionary Application is that my Tier 1 extension is application was to be due in January 2016. I was not made aware by UKBA on change of rules and my application should be considered according to the timeline set by UKBA when I was granted the first extension.

I appreciate that this application is likely to result in a refusal but I will appeal and hope that common sense prevails.

What I am trying to ascertain is if the appeal period could be counted towards legal residence in UK and count towards ILTR ?

[CR001]

I was not made aware by UKBA on change of rules

It is not HO's responsibility to inform every single applicant. The onus is on the applicant to ensure they are aware of any changes, restrictions etc and to comply. The Tier 1 change has been known for quite some time and has been in the press. The majority of migrants know that HO changes things frequently.

Ignorance by the applicant is no excuse unfortunately.

You have been a member of the forum since 2010, a regular (monthly) check on here would have made you fully aware.

What I am trying to ascertain is if the appeal period could be counted towards legal residence in UK and count towards ILTR?

Unlikely because if you are successful, which I doubt, you will be on a new 5 or 10 year route to ILR, starting again from scratch. HO is aware of the abuse regarding applications based on what you are proposing as people just use it to 'cover their shortfall'. These applications now have a significant cost associated with them plus the NHS surcharge. If you don't qualify for this route, it will likely be an outright refusal and appeal rights might not be relevant as your justification is weak and by then your current leave will have expired.

The best advice you have been given is to find a Tier 2 sponsor on the list of approved sponsors and switch to Tier 2 General.

[Pranvayu]

Many thanks for the guidance and I will attempt the Tier 2 route first.

Would you be able to point me in the direction for the approved sponsors list please?

[abhisheks9]

Extremely sorry @pranvayu
I disagree with @cr001 that we had onus on checking, when home office gave validity till certain date they should not take away right to extend till that.
Check news for any case/judicial review against home office and join fb group in my signature where I am admin and other only admin knows legalities well to try something. But have no hopes and stick to best course of tier-2 as suggested by others here

[CR001]

Tier 2 sponsor list in the link below.

https://www.gov.uk/government/uploads/s ... -04-29.pdf

[CR001]

I disagree with @cr001 that we had onus on checking, when home office gave validity till certain date they should not take away right to extend till that.

You can disagree all you wish and have many petitions for this and that but HO, unfortunately for some, holds all the cards and can make changes as they see fit. This applies to any country in the world, situations change.

The Tier 1 closing was reported on for a long time before 5th April this year, so there is really no excuse.

[Petaltop]

Extremely sorry @pranvayu
I disagree with @cr001 that we had onus on checking, when home office gave validity till certain date they should not take away right to extend till that.

Many people rushed to get a Tier 1 General visa before that short lived, easy to get visa was closed, even thought they didn't intend to use that visa in the near future. It's not the Home Offices fault if people thought that extensions would continue forever on a defunct visa. There has been plenty of news on this and people have a duty to keep up with any changes and that includes any other law changes too.

[abhisheks9]

@cr001 and @petaltop
I agree to you guys, but I was protesting your attitude of blaming applicants rather than home office.
Same fate that home office decided on tier-1 couldn't apply to HSMP applicants. Check history of HSMP and how they never suffered ever increasing fee, and I am not sure but they can still go for extn.
Forget about petition, that was not my point of focus, and I know we can't do anything not because home office are powerful because we are always discouraged by like you already said nothing can be done and it's fault of applicants blah blah.
I do think that @pranavayu did mistake of not checking news, but it's not wholly his fault? Why the fck home office gave validity beyond 1yr of closure of extn?
I have been facing this pessimistic attitude from almost everyone and I don't blame home office but immigrants and other people who if cannot help at least should not demotivated.
If HSMP forum could win why couldn't tier-1 applicants? Answer is they are few and not united and no one else give shit.
My friend from same fb group has all legal means to win in judicial review but problem is money, and we are not as rich as HSMP members were.
In conclusion, home office are discriminatory towards PBS in general and totally against tier-1 general applicants in particular, and yes no one can do anything.

[CR001]

Many people rushed to get a Tier 1 General visa before that short lived, easy to get visa was closed, even thought they didn't intend to use that visa in the near future. It's not the Home Offices fault if people thought that extensions would continue forever on a defunct visa. There has been plenty of news on this and people have a duty to keep up with any changes and that includes any other law changes too.

Agree completely Petaltop - ignorance is no defence, particularly where HO is concerned.

[honey2008]

I totally disagree with abhisheks9 and totally agree with CR001.

There is no point in blaming home Office.

Also I think if we are so against the policy of UKVI there is always option for us to go back.There were a lot of countries for immigration but It was always our choice to come to this country not UKVI's.

I would request the applicant to make all efforts for tier 2 and Best of Luck.


Regards
Honey

[CR001]

home office are discriminatory towards PBS in general and totally against tier-1 general applicants in particular

Try telling this to the spouses and children of ILR/British Citizens who struggle to meet the new requirements post July 2012. There are cut backs and changes across ALL UK visa categories.

The OP is fortunate that there is an option for him if he can find a Tier 2 sponsor and he at least has time to try before his visa expires in January.

[O_Relly]

You can disagree all you wish and have many petitions for this and that but HO, unfortunately for some, holds all the cards and can make changes as they see fit.

@ CR001 - Just out of curiosity, what is your opinion on the HSMP forum Judicial Review and the high courts ruling in favour of the HSMP forum on 8th April 2008 against the changes to the new extention test brought in by the then UKBA/Home office ?

And on the basis of this court ruling people on HSMP JR can still today continue to extend their visas should they choose not to apply for an ILR.

Do you feel it was wrong for the HSMP forum to challenge the UKBA in a court of law?

Am not trying to justify the ignorance of the OP here, just trying to point out that the home office has been in the wrong in the past according to the high court.

[CR001]

@O_Relly - I am not familiar with the HSMP JR issues so would not be able to comment. There is a lot I feel that is wrong in terms of HO decisions and rules but I also understand the the reasonings, but they are what they are and migrants are urged to keep track of any changes in the rules to make sure they comply, apply in time etc.

[abhisheks9]

@O_relly thanks for coming up with some sense finally. happy someone at least understands my point of view.

@CR001 yes post July-2012 I am also suffering because my dependent had to leave Uk and get visa from outside and UkbA changed dependent rule suddenly from 2yrs to 5yrs while my dependent was out, and so totally know case of ILR dependants. now you are talking my language.
Try reading about HSMP and know for fact ukba had been discriminatory.

@honey2008 I won't go back now after paying taxes and huge fees till now, you got no right to ask me to go. Closing entry is something else and asking me NOW to go after sucking my money is other thing. If I have known this situation or ukba would have made it clear I had no fancy for this country. Show balls to tell asylum seekers, EU migrants to go out not me.

[honey2008]

@ abhisheks9 :- I never asked you to go back!!!My simple argument is if you don't like something it is your choice to reverse your decision.My point is if you are dependent on somebody ( UKVI ) then you have to accept their ruling AND you know the difference of quality of life/opportunity which UK offers with respect to our home country AND that's why we never want/DARE to go back home even if we have good degrees.

This is hard reality which we have to accept and sooner we do, better for us to enjoy rest of life.

Trust me UK has the most relaxed immigration policy in the past .

My above comments are my opinion which may be wrong in your point of view BUT it is NOT INTENDED TO HURT ANYBODY'S SENTIMENT.

Ta
Honey

[honey2008]

@abhisheks9 :- AND try to be more difnified in your comments without using offending words...

[CR001]

@abhisheks9 and @honey2008 - can we please be more respectful on the forum and stick to the subject of the original posters query. I have already had to edit comments out and don't wish to be monitoring this topic further to keep it 'clean'.

http://www.immigrationboards.com/announ ... ns-t3.html