Do I have to extend my TIER1 due to new rules ?

New rule:
From 6 April 2015 it will be closed to applicants who want to extend their visa.

My Status:
1st issued - 15-11-2010
Entered UK - 11-03-2011
Current extension valid till - 30-01-2016

Shortfall for ILR (2016 being a leap year !!) - 40 days

Will I have to extend TIER1 before April 2015 ? Can anyone please advice ?

Yes you need another extension

Thanks. Please can you tell me which document / site you referred to be so sure ?

Go through this link
https://www.gov.uk/government/uploads/s ... eriods.pdf

From and including: Thursday, November 11, 2010
To, but not including Friday, March 11, 2011

Result: 120 days
It is 120 days from the start date to the end date, but not including the end date

So your qualifying period will start from 11-03-2011

From Friday, March 11, 2011
Added 4 years, 11 months, 2 days
Result: Saturday, February 13, 2016

You will be eligible for ILR on February 13, 2016

From and including: Saturday, January 30, 2016
To, but not including Saturday, February 13, 2016

Result: 14 days
It is 14 days from the start date to the end date, but not including the end date


So you are short of 14 days.
I would suggest you to save your money on extension and apply by post just before Feb 13, 2016 (may be on 11 Feb)

Hi,
Thanks for the wonderful analysis ! Can I apply after expiry i.e. 30th Jan ? I did not get the last part.

Also, If I have to apply for TIER1 extension, then it has to be before 6 April 2015. That is the dilemma. Its like I have to know the decision 1 yr in advance whether I am really eligible for ILR ?

Can you help again please ?

Angshuman wrote:Hi,
Thanks for the wonderful analysis ! Can I apply after expiry i.e. 30th Jan ? I did not get the last part.

Sorry my mistake. Read

So you are short of 14 days.
I would suggest you to save your money on extension and apply by post just before Feb 13, 2016 (may be on 11 Feb)

as
So you are short of 14 days.
I would suggest you to save your money on extension and apply by post just before Jan 30, 2016 (may be on 28 Jan 2016).

Angshuman wrote: Also, If I have to apply for TIER1 extension, then it has to be before 6 April 2015. That is the dilemma. Its like I have to know the decision 1 yr in advance whether I am really eligible for ILR ?

Can you help again please ?

You can apply for extension whenever you want even tomorrow but you will get extension from the date of decision

Thanks again so much for your patience. One last doubt (hopefully).

So, if I apply on 28th Jan, 2016, won't that imply I am still short of 14 days ? I am little confused here (as I will still be short of days for proper eligibilty).

Thanks for your help.

Angshuman wrote:Thanks again so much for your patience. One last doubt (hopefully).

So, if I apply on 28th Jan, 2016, won't that imply I am still short of 14 days ? I am little confused here (as I will still be short of days for proper eligibilty).

Thanks for your help.

As long as you qualify on the day of decision you should be ok. Bio-metric enrollment for the postal application can easily take you to the qualifying period.

UKBALoveStory wrote:
As long as you qualify on the day of decision you should be ok. Bio-metric enrollment for the postal application can easily take you to the qualifying period.

I think this is quite high risk probability. The option to overstay on current visa and apply for ILR on Friday 12 February 2016, this is due to the fact that we are allowed to lodge an application up to 28 days after your visa expiry date. Note that this ruling is under current Immigration Rules and this will still be allowed in 2016, we do not know. Also, if I go down this route, I will have to stop working on 30 January 2016 and will only be able to start work again once my ILR has been granted.

What do you say? Looks like one more extension is the safe option ?

Angshuman wrote: I think this is quite high risk probability. The option to overstay on current visa and apply for ILR on Friday 12 February 2016, this is due to the fact that we are allowed to lodge an application up to 28 days after your visa expiry date. Note that this ruling is under current Immigration Rules and this will still be allowed in 2016, we do not know. Also, if I go down this route, I will have to stop working on 30 January 2016 and will only be able to start work again once my ILR has been granted.

I would suggest you to re-read my response.
- I have not suggested you to apply on Friday 12 February 2016. Have I?
- I have suggested you to apply on 28th Jan 2016 and your visa is valid til Jan 30, so how come you become over stayer?

Angshuman wrote: What do you say? Looks like one more extension is the safe option ?

At the end of the day, its your money and your decision