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Extension or settlement

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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hsmp0804
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Joined: Tue May 01, 2007 1:10 pm
Location: London
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Post by hsmp0804 » Sat Feb 26, 2011 12:30 am

Hello,
Could you please suggest my case.

I came to UK on 14th Sept 2007 however my HSMP visa was granded on 6th Aug 2007. So I arrived 38 days after my visa was granted. After that on 6th Aug 2009, I was granted Tier-1 extension till 6 Aug 2012.

Do I need to apply for Tier-1 extension or I would be allowed to apply for ILR in Aug 2012?

Thanks in advance.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Sat Feb 26, 2011 7:21 pm

hsmp0804 wrote:Hello,
Could you please suggest my case.

I came to UK on 14th Sept 2007 however my HSMP visa was granded on 6th Aug 2007. So I arrived 38 days after my visa was granted. After that on 6th Aug 2009, I was granted Tier-1 extension till 6 Aug 2012.

Do I need to apply for Tier-1 extension or I would be allowed to apply for ILR in Aug 2012?

Thanks in advance.
You may apply 28 days before 6th August 2012, if you meet all other standard conditions. However it appears that home office is intent on chaging rules so you may need an extension if they increase the time period for ILR. but your ILR is at least a year and half away, so dont worry.

bani
Senior Member
Posts: 796
Joined: Thu Oct 28, 2004 10:01 am
Location: UK
Contact:

Post by bani » Sun Feb 27, 2011 5:37 pm

hsmp0804 wrote:Hello,
Could you please suggest my case.

I came to UK on 14th Sept 2007 however my HSMP visa was granded on 6th Aug 2007. So I arrived 38 days after my visa was granted. After that on 6th Aug 2009, I was granted Tier-1 extension till 6 Aug 2012.

Do I need to apply for Tier-1 extension or I would be allowed to apply for ILR in Aug 2012?

Thanks in advance.
Unfortunately, you need another HSMP extension. Had you arrived within 28 days, not 38 days, of your HSMP visa stamp you would have been OK.

Anyway, it is a year and a half away. And by then this government might change the qualifying time for ILR to 6 or 7 years so I wouldn't lose sleep over those 10 extra days and added fees you need.

kunald
Junior Member
Posts: 83
Joined: Sun Feb 13, 2011 1:13 pm

Post by kunald » Sun Feb 27, 2011 6:40 pm

xyz123 wrote: However it appears that home office is intent on chaging rules so you may need an extension if they increase the time period for ILR. but your ILR is at least a year and half away, so dont worry.
Who told you that time period for ILR is increasing or atleast the UKBA intends to do that? .......Or are you just speculating? Be careful with what you say as this can be seen as passive scare mongering and lots of people here are already having sleepless nights.....We know you got your ILR recently....

bani
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Post by bani » Sun Feb 27, 2011 7:34 pm

kunald wrote: Who told you that time period for ILR is increasing or atleast the UKBA intends to do that? .......Or are you just speculating? Be careful with what you say as this can be seen as passive scare mongering and lots of people here are already having sleepless nights.....We know you got your ILR recently....
I don't think the intent was for you to be scared and not sleep at night.

I said that myself in my post because it is something to keep in mind and be prepared for. If you have been keeping yourself informed about immigration – Remember the last government wanted to introduce Probationary Citizenship? It would have amounted to another 1 to 3 years before ILR. This government is going to make ILR tougher from April 2011 with additional requirements for Tier 1 and Tier 2 holders, and they said in their latest transitional arrangements announcement that there is more to come.

So please just be prepared, keep yourself economically active, stay out of trouble (remember even careless driving offences may lead to immigration problems), save up for increasing fees, count your days absent from the UK, don't lose your payslips, P60s etc. There is no reason to panic when you are prepared.

Good luck to all.

hsmp0804
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Posts: 134
Joined: Tue May 01, 2007 1:10 pm
Location: London
Contact:

Post by hsmp0804 » Thu Mar 10, 2011 11:01 am

Hello Thanks for your answer.
So I know now I would have to apply for Tier-1 extension at the end(in Aug 2010) to cover up 10 days.
Hello,
Could you please suggest my case.

I came to UK on 14th Sept 2007 however my HSMP visa was granded on 6th Aug 2007. So I arrived 38 days after my visa was granted. After that on 6th Aug 2009, I was granted Tier-1 extension till 6 Aug 2012.

Do I need to apply for Tier-1 extension or I would be allowed to apply for ILR in Aug 2012?

Thanks in advance.

Need another suggestion,
At the moment, my employer is happy to provide me everything to switch to Tier-2 visa(Sponsored skilled workers) http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/
and as rules are changing from 6th April 2011,

1) Do you suggest me to switch to Tier-2 (Sponsored skilled worker) NOW in order to get easy Tier-2 extension in Aug 2012?
2) Or should I be with my Tier-1 (General) visa which is valid till Aug 2012 and then seek extension?
3) How possible is that rules changes by Aug 2012 not to give extension to Tier-1(General) visa holder which came initially on HSMP visa?

Thanks in advance

cheshiregoan
Member of Standing
Posts: 273
Joined: Tue Aug 11, 2009 6:45 pm

Post by cheshiregoan » Thu Mar 10, 2011 7:38 pm

bani wrote:Anyway, it is a year and a half away. And by then this government might change the qualifying time for ILR to 6 or 7 years so I wouldn't lose sleep over those 10 extra days and added fees you need.
The government wont change the rule retrospectively, especially as they have already lost a court case once. Everyone knows what happened when they tried to force the HSMP holders who were promised eligibility for PR after 4 years to wait an extra year!
Please do not send me any Private Messages as I do not check these.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Fri Mar 11, 2011 12:20 pm

kunald wrote:
xyz123 wrote: However it appears that home office is intent on chaging rules so you may need an extension if they increase the time period for ILR. but your ILR is at least a year and half away, so dont worry.
Who told you that time period for ILR is increasing or atleast the UKBA intends to do that? .......Or are you just speculating? Be careful with what you say as this can be seen as passive scare mongering and lots of people here are already having sleepless nights.....We know you got your ILR recently....
Do you bother to read properly? There is a big IF in front of words saying"increase the time period". Everyone knows UKBA wants to change rules but no one knows firm details of changes. That's exactly what i wrote in my post i.e. UKBA changes rules and IF these changes mean increase in ILR qualifying period than OP need sextension.

There is no scare mongering here. Its just fact that if they increase the time period (last last government proposed to do) then OP will need an extension.

kunald
Junior Member
Posts: 83
Joined: Sun Feb 13, 2011 1:13 pm

Post by kunald » Sat Mar 12, 2011 9:10 am

xyz123 wrote:
kunald wrote:
xyz123 wrote: However it appears that home office is intent on chaging rules so you may need an extension if they increase the time period for ILR. but your ILR is at least a year and half away, so dont worry.
Who told you that time period for ILR is increasing or atleast the UKBA intends to do that? .......Or are you just speculating? Be careful with what you say as this can be seen as passive scare mongering and lots of people here are already having sleepless nights.....We know you got your ILR recently....
Do you bother to read properly? There is a big IF in front of words saying"increase the time period". Everyone knows UKBA wants to change rules but no one knows firm details of changes. That's exactly what i wrote in my post i.e. UKBA changes rules and IF these changes mean increase in ILR qualifying period than OP need sextension.

There is no scare mongering here. Its just fact that if they increase the time period (last last government proposed to do) then OP will need an extension.
What is the point of writing IFs? That "IF" thing is called scare mongering. I can add anything after an "IF" and then give excuse that there was an if and it might not happen at all. What "IF" the ILR route is stopped all together? If YOU bother to read this forum properly you will see there were numerous threads where mods requested people not to SPECULATE. Besides...if you want to get respect in the forum brush up your knowledge on immigration and give some constructive advice to the people instead of giving evasive and "may be", "may not be" or "depends on your luck" sort of answers. Thats what you have been doing since you got your own ILR.......Sorry mods and others if I sound rude but here is an example where mods specifically mentioned NO to any speculation and in plain english anything preceded with an "IF" is mere speculation. Everytime a rule change becomes imminent the self styled so called experts start speculating.

mfwales
Newbie
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Joined: Mon Jan 11, 2010 11:53 am

Post by mfwales » Sat Mar 12, 2011 9:32 am

I would second that..... At this point when there is so much anxiety regarding the imminent rule changes members should avoid any speculation on what the changes might be as they might be adding to others anxiety although un-intentionally.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Sat Mar 12, 2011 11:35 am

I would suggest that rather than speculating a specific imaginary requirement that has / may have the tendency to create panic / rumour etc. amongst migrants that members should instead make use of statements to the effect "subject to changes in immigration rules in the future".

Has the same effect, with no risk of hangover!



regards

bani
Senior Member
Posts: 796
Joined: Thu Oct 28, 2004 10:01 am
Location: UK
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Post by bani » Sat Mar 12, 2011 7:22 pm

cheshiregoan wrote:
bani wrote:Anyway, it is a year and a half away. And by then this government might change the qualifying time for ILR to 6 or 7 years so I wouldn't lose sleep over those 10 extra days and added fees you need.
The government wont change the rule retrospectively, especially as they have already lost a court case once. Everyone knows what happened when they tried to force the HSMP holders who were promised eligibility for PR after 4 years to wait an extra year!
And everyone knows it's because of just one section on the HSMP guidance notes pre Nov 2006, that didn't exist on the WP guidance notes so all WP holders were affected retrospectively.

They have removed that section since 2007 so HSMP/Tier 1 holders so this group will be susceptible to every retrospective change.

If you are the panicky sort and will have cardiac arrest at every "IF" you read, we/ every message board on the internet/ tabloids/ newspapers are not responsible.

bani
Senior Member
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Location: UK
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Post by bani » Sat Mar 12, 2011 7:25 pm

There is no advantage in switching to Tier 2. If your company is willing to spend the money on the Tier 2, maybe you can ask them to pay for your Tier 1 extension when the time comes for that.
hsmp0804 wrote:Hello Thanks for your answer.
So I know now I would have to apply for Tier-1 extension at the end(in Aug 2010) to cover up 10 days.
Hello,
Could you please suggest my case.

I came to UK on 14th Sept 2007 however my HSMP visa was granded on 6th Aug 2007. So I arrived 38 days after my visa was granted. After that on 6th Aug 2009, I was granted Tier-1 extension till 6 Aug 2012.

Do I need to apply for Tier-1 extension or I would be allowed to apply for ILR in Aug 2012?

Thanks in advance.

Need another suggestion,
At the moment, my employer is happy to provide me everything to switch to Tier-2 visa(Sponsored skilled workers) http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/
and as rules are changing from 6th April 2011,

1) Do you suggest me to switch to Tier-2 (Sponsored skilled worker) NOW in order to get easy Tier-2 extension in Aug 2012?
2) Or should I be with my Tier-1 (General) visa which is valid till Aug 2012 and then seek extension?
3) How possible is that rules changes by Aug 2012 not to give extension to Tier-1(General) visa holder which came initially on HSMP visa?

Thanks in advance

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Sat Mar 12, 2011 8:33 pm

kunald wrote:
xyz123 wrote:
kunald wrote:
xyz123 wrote: However it appears that home office is intent on chaging rules so you may need an extension if they increase the time period for ILR. but your ILR is at least a year and half away, so dont worry.
Who told you that time period for ILR is increasing or atleast the UKBA intends to do that? .......Or are you just speculating? Be careful with what you say as this can be seen as passive scare mongering and lots of people here are already having sleepless nights.....We know you got your ILR recently....
Do you bother to read properly? There is a big IF in front of words saying"increase the time period". Everyone knows UKBA wants to change rules but no one knows firm details of changes. That's exactly what i wrote in my post i.e. UKBA changes rules and IF these changes mean increase in ILR qualifying period than OP need sextension.

There is no scare mongering here. Its just fact that if they increase the time period (last last government proposed to do) then OP will need an extension.
What is the point of writing IFs? That "IF" thing is called scare mongering. I can add anything after an "IF" and then give excuse that there was an if and it might not happen at all. What "IF" the ILR route is stopped all together? If YOU bother to read this forum properly you will see there were numerous threads where mods requested people not to SPECULATE. Besides...if you want to get respect in the forum brush up your knowledge on immigration and give some constructive advice to the people instead of giving evasive and "may be", "may not be" or "depends on your luck" sort of answers. Thats what you have been doing since you got your own ILR.......Sorry mods and others if I sound rude but here is an example where mods specifically mentioned NO to any speculation and in plain english anything preceded with an "IF" is mere speculation. Everytime a rule change becomes imminent the self styled so called experts start speculating.
First of all, i am not after so called respect from your people like you. this is a public forum and i can say whatever i like as long as it is not abusive to others. There are a lot of people of cases whose cases really depend on luck as technically they are in breach of rules and my answers have been accordingly.

There is a difference between speculation and warning people of possible changes. Speculation is something like saying "i heard UKBA will increase ILR period to 7 years" but i clearly didnt say that. all i said that if rules change you will need to meet new requirements. there is nothing wrong in that. maybe you are taking out your frustration with UKBA.


good

mfwales
Newbie
Posts: 37
Joined: Mon Jan 11, 2010 11:53 am

Post by mfwales » Sat Mar 12, 2011 8:58 pm

sushdmehta wrote:I would suggest that rather than speculating a specific imaginary requirement that has / may have the tendency to create panic / rumour etc. amongst migrants that members should instead make use of statements to the effect "subject to changes in immigration rules in the future".

Has the same effect, with no risk of hangover!



regards
PEACE guys ! ! I think sushdmehta has already mentioned that we need to be careful in what we say and more imporatntly how we say it. Hope ALL (irrespective of forum status) will follow that. Lets now concentrate on more constructive comments.

Thanks and Regards...

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