Do I need Second Tier 1 Extension ?

Hi all,

Can you please help me if I am eligible for ILR or I have to go for second Tier 1 General extension.

Below are my details

Initial Tier 1 Issued : 21-March-2011
Initial Tier 1 Expiry : 21-March-2013

First Tier 1 extension Issued : 01-March-2013
First Tier 1 extension Expiry : 01-March-2016

For ILR,
1) Do we have to be in the country for total period of 5 year or it is ok to apply 28 day in advance (i.e. 4 years, 11 months and 2 days) ?

2) With my current visa dates, what would be the start date on which I will be able be eligible to apply for ILR application ?

3) After my first extension my visa validity was cut short by 20 days because it has the date when I made my extension application. Do I have to go for second Tier 1 extension or I am ok for ILR extension in Feb 2016?


Thanks

Depends on what date you actually entered the uk. If you entered within 90 days of 1st grant, Mar 2011 in your case, you are good to apply in Feb 2016.

Hi O_Relly,

Thank you for responding to my query.

I was under PSW visa before I switched to Tier 1 General. I switch to Tier 1 within UK and there was no gap after I got my 1st Tier 1 visa.

My only worry is, in my 2nd grant my visa was cut short by 20 days.

#1. ILR requirement is to be in country for total period of 5 years and because my visa was cut shot in my 2nd grants by 20 days, do I have to go for second extension to cover my missing 20 days?

#2. Also, if I don't need a second extension, from what date / month I will be eligible to apply for my ILR in 2016?

Any feedback will be appreciated.

Thanks

Time spent in Tier 1 PSW visa is not counted towardz ILR. The date you switched to Tier 1 General is the start date of your ILR counter.

Read Calculating Continuous period for ILR in the UKVI site.

In such cases, I would apply for a second extension and have time in hand. It is extremely expensive, but worth the mental peace. Why cut it so close?

OP appears to be incorrectly counting his time spent in PSW towards ILR. If you remove that from the equation, he is not even cutting it close, and would definitely need another extension to be able to settle.

O_Relly wrote:OP appears to be incorrectly counting his time spent in PSW towards ILR. If you remove that from the equation, he is not even cutting it close, and would definitely need another extension to be able to settle.

Incorrect, IMHO.

You can apply for ILR on or after Tuesday, February 23, 2016

From Monday, March 21, 2011
Added 4 years, 11 months, 2 days
Result: Tuesday, February 23, 2016

His visa is valid till 01-March-2016, so why he needs a second extension?

UKBALoveStory wrote:

O_Relly wrote:OP appears to be incorrectly counting his time spent in PSW towards ILR. If you remove that from the equation, he is not even cutting it close, and would definitely need another extension to be able to settle.

Incorrect, IMHO.

You can apply for ILR on or after Tuesday, February 23, 2016

From Monday, March 21, 2011
Added 4 years, 11 months, 2 days
Result: Tuesday, February 23, 2016

His visa is valid till 01-March-2016, so why he needs a second extension?

That was what I first originally thought and hence my 1st response,

O_Relly wrote:Depends on what date you actually entered the uk. If you entered within 90 days of 1st grant, Mar 2011 in your case, you are good to apply in Feb 2016.

But since OP came back with the response, saying he was on PSW and switched in-country to Tier 1 General,

I was under PSW visa before I switched to Tier 1 General. I switch to Tier 1 within UK and there was no gap after I got my 1st Tier 1 visa.

I am under the impression his initial Tier 1 was PSW and he was referring to his switching into Tier 1 General as an extension. If this is not the case, then yes he will be eligible for ILR in Feb 2016.