Changing Tier 1 to ILR, very tricky scenario

kmittal82 · Post by **kmittal82** » Sat Jul 17, 2010 2:04 am

Hi Guys,

I got a work permit from a company, valid from Nov'06 - Nov'11.

Thereafter, I applied for a Tier 1 visa, and got that stamped, valid from Sept'08-Sept'11.

Now, I would like to apply for ILR, and really do not wish to first get a Tier 1 extension from Sept'11-Nov'11 and then apply for ILR. If I had stuck with my work permit, I would've been eligible to apply for ILR in Nov'11 directly. However, I now have a "valid" visa only till Sept'11, which is just 2 months less than the 5 years from the date I got my first working visa.

I would like to know if I can still apply directly for ILR, or will I have to apply for extension of Tier 1, basically to cover myself from Sept'11-Nov'11 and then apply for ILR in Nov'11. Its quite expensive to apply for a visa for effectively 2 months only.

Hope my question is clear. Any help is highly appreciated.

Thanks,
Kunal

Sky_High · Post by **Sky_High** » Sat Jul 17, 2010 9:18 am

I am afraid the answar is yes. There is 28 days rule but never seen some one getting ILR 2 months early.

Post by **geriatrix** » Sat Jul 17, 2010 1:22 pm

Won't call it tricky, but inevitable.

regards

Backer · Post by **Backer** » Sat Jul 17, 2010 2:50 pm

Not that in any case it is most liley the rules will change by July 2011 and you will not be able to apply for ILR anymore anyway

need_a_tier1 · Post by **need_a_tier1** » Thu Jul 29, 2010 1:20 pm

Kunal, I also had a WP from Nov 06 to Nov 11 and planned to switch to Tier 1 in 2008.

However, in my case My Tier 1 was granted in Nov 08 (to Nov 11) - exactly two years after my initial WP approval.

I my case I received advice from friends who did point out that if I apply for Tier 1 early, I will need to get an extension in 2011.

However, as 'Backer' clearly pointed out that as the rules are going to change in July 2011, either of us will not be able to apply for ILR anyway and will need to go through the Probationary/Earned citizenship route - unless there is some unavoidable delay - the one which I am praying for is the LibCon alliance breaking in June 2011 and the UK going to elections in July 2011.

hsmp_victory · Post by **hsmp_victory** » Fri Jul 30, 2010 11:24 am

need_a_tier1: I am praying for is the LibCon alliance breaking in June 2011 and the UK going to elections in July 2011.

Even if your wish is granted, it is the Labour which started the earned citizenship route not current coallation government. So I dont see it getting any easier for you.

.

need_a_tier1 · Post by **need_a_tier1** » Fri Jul 30, 2010 12:36 pm

hsmp_victory wrote:need_a_tier1: I am praying for is the LibCon alliance breaking in June 2011 and the UK going to elections in July 2011.

Even if your wish is granted, it is the Labour which started the earned citizenship route not current coallation government. So I dont see it getting any easier for you. .

You are correct and surely it is not going to get any easier.

Waiting to see what July 2011 brings now - just hoping that the earned/probationary citizenship rule is delayed by 4-6 months in case of a mid-term election.

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Changing Tier 1 to ILR, very tricky scenario

Changing Tier 1 to ILR, very tricky scenario