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They wont as UK GOV Tier 1 team just follow the guidance based on statement of changes so I think they will give standard 3 years to every one.iubus2005 wrote:Yes. For example, there is no change in the form to enter entry / exit dates etc. to determine how much time you need to qualify for ILR. I wonder why they didn't just give everyone 5 years and not have it open to interpretation of case workers?
Credit goes to the original poster of this post Thanks svuk for your heads updandm wrote:It's good to see that our reading was right.
The new rule is now there in the updated Immigration Rules, so that we can cite it to the UKBA staff if necessary:
245CB. Period and conditions of grant
(a) Leave to remain will be granted for:
(i) a period of 3 years, or
(ii) the period the applicant needs to take his total leave granted in this category to 5
years,
whichever is the longer.
https://www.gov.uk/government/uploads/s ... _final.pdf
It seems 5 years is not linked to ILR. It is the time granted in the category. Since everyone got Tier 1 at least 3 years ago, this clause is either not worded correctly or will be useless.245CB. Period and conditions of grant
(a) Leave to remain will be granted for:
(i) a period of 3 years, or
(ii) the period the applicant needs to take his total leave granted in this category to 5
years,
Minimum you will get 3 years. I think that should be sufficient for most of us all left for ILR in this category.iubus2005 wrote:It seems 5 years is not linked to ILR. It is the time granted in the category. Since everyone got Tier 1 at least 3 years ago, this clause is either not worded correctly or will be useless.245CB. Period and conditions of grant
(a) Leave to remain will be granted for:
(i) a period of 3 years, or
(ii) the period the applicant needs to take his total leave granted in this category to 5
years,
I personally think at least it give a fair chance to most. and the few ones who need more the 3 may get by showing why to case worker through a cover letter etc. So eventually all will get time needed to fulfill 5 years period.iubus2005 wrote:Everyone was anyway getting 3 years extension, before this change. Why not give everyone 5 years extension from the date of application? Everyone is paying the same amount of fees, and meeting similar criteria. Does not make great sense to have VISA duration different for different people.
I think the rules only covers the main applicant and dependents only get extension up to what main gets (so she will get either minimum three years or more based on what you gets).UpendraBestha wrote:Hi,
Is this rule applied to Tier 1 General Migrant as well?
My Wife first joined me in the Year Aug 2012, went On Maternity leave to India and came back to UK in January 2014; In total, she spend in uK for nearly 1 Year 5 Months and we are planning to go for 2nd visa extension in the month of December 2014.
1) My wife was away for 1 Year, will her absence considered for 5 Year Calculation?
2) If UKVI consider her absence, then my wife will be shortage of 3 Year 7 Months and my Son will be shortage of 4 Years to be eligible for ILR( 5 Years completion).
3) Will they be extended for more than 3 and Half Years to be eligible for ILR?
Can anyone please clarify me on this, please.
Regards,
Upendra.
By the rules it seem YES!khan_80 wrote:Re: New rules to Tier 1 (general): 3-5 years for 2nd extensi
Postby MACY » Fri Oct 17, 2014 12:36 am
Hi MACY
I came in feb 2014 and start again my job here and before I got a break of 1 year in continuous period. So it means my time will again count from feb 2014. so until april 2015 it will be just like I spend 13 months here and will need an extension for 3 years and 11 months. So it it possible that I will get visa extension for 3 years 11 months or 4 years.
I dont see why you can't? please provide enough details why don't you think so?dinusha wrote:Hi,
I have a question regarding Tier 1 General 2nd Extenstion.
Can I apply Tier 1 General 2nd Extension according to the new rule (Policy Guidance - 6th November 2014).
Thanks,
Dinusha.
naveediiqbal wrote:I dont see why you can't? please provide enough details why don't you think so?dinusha wrote:Hi,
I have a question regarding Tier 1 General 2nd Extenstion.
Can I apply Tier 1 General 2nd Extension according to the new rule (Policy Guidance - 6th November 2014).
Thanks,
Dinusha.