New rules to Tier 1 (general): 3-5 years for 2nd extension?

dinusha · Post by **dinusha** » Mon Nov 17, 2014 2:20 pm

Thank you very much for your reply.

In "https://www.gov.uk/tier-1-general/overview"

It says

"How long you can stay

You can extend or switch to a Tier 1 (General) visa for 3 years. However in all cases you’ll be given enough leave to take the total leave granted in Tier 1 (General) to 5 years.

You may be able to apply for settlement once you’ve been in the UK for 5 years."

What it does mean? Can you please explain me.

naveediiqbal wrote:
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.
I dont see why you can't? please provide enough details why don't you think so?

naveediiqbal · Post by **naveediiqbal** » Mon Nov 17, 2014 3:34 pm

Hi,

in case of Tier 1 extension it will be minimum 3 years and maximum to the time you need to complete 5 years stay in UK. so vary from 3 to 5 years on case by base basis

naveediiqbal · Post by **naveediiqbal** » Mon Nov 17, 2014 3:34 pm

Hi,

in case of Tier 1 extension it will be minimum 3 years and maximum to the time you need to complete 5 years stay in UK. so vary from 3 to 5 years on case by base basis

dinusha · Post by **dinusha** » Mon Nov 17, 2014 5:06 pm

Thank you very much for your explanation.
I can apply my tier 1 General 2nd extension now.

Thanks,
Dinusha.

naveediiqbal wrote:Hi,

in case of Tier 1 extension it will be minimum 3 years and maximum to the time you need to complete 5 years stay in UK. so vary from 3 to 5 years on case by base basis

iffi786 · Post by **iffi786** » Mon Nov 17, 2014 6:19 pm

Hello all
Due to safe side can I apply for 2nd ext my . 5 years r completing in end of May 2015 is it traffics offence effect on my ilr
Thanks

iffi786 · Post by **iffi786** » Mon Nov 17, 2014 6:23 pm

Hell

My 5 years r completing end of my May 2015 due to safe Side can I apply for tier 1 general 2nd ext and how along before I can apply .. One mor question
Is it traffics offence effect on my ilr

Thanks

khan80 · Post by **khan80** » Mon Nov 17, 2014 9:35 pm

Unread postby naveediiqbal » Fri Nov 14, 2014 3:59 pm

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.

By the rules it seem YES!

Hi All
But the Home office saying on the other hand that the ILR for Tier1 G will be closed from April 2018, So If I get visa of 4 years from March 2015 to March 2019, but we can't apply for ILR in 2019,unless the Home office change their decision for closing of the ILR in April 2018.

abhijeet01 · Post by **abhijeet01** » Tue Nov 18, 2014 1:08 pm

Hello All,

One quick clarification / help please:

I fall short of 2 month and 21 days to qualify for the ILR. 1st extension was for 3 years and expiring in 1st March 2016 but would complete 5 years in UK on Tier 1 on the May 21st 2016. So my only option is to apply for another extension before April 2015 and cover the 81 days shortfall.

1. Can I apply for an early extension before April 2015 closure - meaning almost 1 yr in advance - am I allowed to do this?

2. As per the new amendment being referred to, would I be just given an extension of 2 month and 21 days now or will they give 2 or 3 years extension till April 2017 or April 2018 lets say if I apply for an early extension on the last day of the extension closure ie april 06 2015

3. For ILR processing, are points on Driving Licence also considered grounds of refusal??

Kindly help..

Regards
K

iffi786 · Post by **iffi786** » Tue Nov 18, 2014 5:41 pm

How did u get points

haiksuresh · Post by **haiksuresh** » Wed Nov 26, 2014 11:01 am

This link will be useful

https://www.gov.uk/government/uploads/s ... _6a_01.pdf

Page no 3

"On 6 April 2014 the Immigration Rules were amended to announce the closure of the
route to extension applications from 5 April 2015 and to settlement applications from
5 April 2018.
On 6 November 2014, the Immigration Rules were amended to ensure all Tier 1
(General) applicants submitting an extension application were granted sufficient
leave to take them to settlement. Caseworkers were not required to assess any
absences from the United Kingdom when considering the correct length of leave to
grant, as extended absences from the UK do not alter total the period of leave the
applicant was granted."

dandm · Post by **dandm** » Wed Nov 26, 2014 1:49 pm

What does that even mean?

Is that saying that they will be not trying to work out the time to settlement eligibility as all that matters is that the applicant be granted 5 years all up, irrespective of absences? That is how I read it. In which case no one will get more than the alternative 3 years (which they do not mention) as nobody was granted a Tier 1 (general) visa after April 2011 anyway. I suppose there may be one or two cases where there were appeals and the decision came in late? Is that what they are covering?

tier1extend · Post by **tier1extend** » Wed Nov 26, 2014 4:45 pm

we did always wonder how the caseworker will consider the absence and grant leave accordingly. I think this confirms that HO only wants to ensure tier 1 applicants get atleast/minimum 5 years of stay.
Hopefully they stick to the minimum 3 year extension as per 6th Nov change.

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
year

tier1extend · Post by **tier1extend** » Wed Nov 26, 2014 4:47 pm

we did always wonder how the caseworker will consider the absence and grant leave accordingly. I think this confirms that HO only wants to ensure tier 1 applicants get atleast/minimum 5 years of total leave.
Hopefully they stick to the minimum 3 year extension as per 6th Nov change.

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
year

tier1extend · Post by **tier1extend** » Wed Nov 26, 2014 4:48 pm

we did always wonder how the caseworker will consider the absence and grant leave accordingly. I think this confirms that HO only wants to ensure tier 1 applicants get atleast/minimum 5 years of total leave.
Hopefully they stick to the minimum 3 year extension as per 6th Nov change.

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
year

khan_80 · Post by **khan_80** » Thu Nov 27, 2014 2:17 pm

[quote]applicant was granted.

Code: Select all

Re: New rules to Tier 1 (general): 3-5 years for 2nd extensi

Post by haiksuresh » Wed Nov 26, 2014 11:01 am 

This link will be useful 

https://www.gov.uk/government/uploads/s ... _6a_01.pdf

Page no 3 

"On 6 April 2014 the Immigration Rules were amended to announce the closure of the
route to extension applications from 5 April 2015 and to settlement applications from
5 April 2018.
On 6 November 2014, the Immigration Rules were amended to ensure all Tier 1
(General) applicants submitting an extension application were granted sufficient
leave to take them to settlement. Caseworkers were not required to assess any
absences from the United Kingdom when considering the correct length of leave to
grant, as extended absences from the UK do not alter total the period of leave the
applicant was granted."[quote][/quote][/quote]

Hi I have break of 1 year in 2013, so my time will start from 2014 again till need 2019 Jan. First do we need to clear this to the case worker that I need visa of more then 3 years as I was away for 1 years which brokes my continuous period and I need to calculate form 2014 till 2019.
But as the home office plan is closing ILR in 2018, so if we get visa until 2019, what will be the benefit as ILR going to be closed in April 2018. 
Can you guys explain to me.
Thanks

khan_80 · Post by **khan_80** » Thu Nov 27, 2014 2:18 pm

Hi all
What is the email contact for Home office to make some query regarding the Tier1 Extension with new Rules under 6th November 2014.

thanks

argus7 · Post by **argus7** » Thu Nov 27, 2014 2:47 pm

As I understand this, HO will give extensions of max 3 years. as the CW will not know whether you had a break in between or not.

Also ILR ceases to exist for Tier 1(G), so they will not give extensions beyond 2018 . So effectively 5th April 2018 will be the last day for anyone to get ILR

argus7 · Post by **argus7** » Thu Nov 27, 2014 2:47 pm

As I understand this, HO will give extensions of max 3 years. as the CW will not know whether you had a break in between or not.

Also ILR ceases to exist for Tier 1(G), so they will not give extensions beyond 2018 . So effectively 5th April 2018 will be the last day for anyone to get ILR

dandm · Post by **dandm** » Thu Nov 27, 2014 7:35 pm

The rules read as 3 years or the balance of what you need to be granted enough time for settlement, which ever is longer. So it's not a maximum of 3 years, it's a minimum of 3 years. In almost all cases it will be 3 years.

khan_80 · Post by **khan_80** » Thu Nov 27, 2014 10:25 pm

Unread postby argus7 » Thu Nov 27, 2014 2:47 pm

As I understand this, HO will give extensions of max 3 years. as the CW will not know whether you had a break in between or not.

Also ILR ceases to exist for Tier 1(G), so they will not give extensions beyond 2018 . So effectively 5th April 2018 will be the last day for anyone to get ILR

Hi Argus
But according to Tier1_G_guidance06-11, Ter1 General Extension will be granted for either 3 years or the balance the applicant need to complete 5 years.
So it means 3 years will be minimum and can get more then 3 years if needed. Also HO saying that after all the extension process complete in april 2015, HO will consider some adjustment for changes.
So this thing is confusing that on one end they saying to Issue visa 3 years or more, but on other hand currently ILR will be closing april 2018.

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