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Extension rules before 6th April 2015 and ILR

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

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hsmp_apr2010
Member
Posts: 137
Joined: Sun Mar 28, 2010 9:26 am

Extension rules before 6th April 2015 and ILR

Post by hsmp_apr2010 » Mon Mar 02, 2015 10:12 am

Hello All,

I do know about the changes that were announced by the home office that from 6th April 2015, Tier 1 (General) migrants will no longer be able to apply for an extension of their leave to remain in the UK.

I'll be completing my 5 years of continuous residence in June 2015 and will be eligible for my ILR. But as the time is approaching I'm just getting over cautious and felling worried (probably human tendency).

I have no bad records against me and everything is in place for the ILR application in June 2015.

I have been recently wondering, to be on safe side if I apply for a Tier1 general extension now (before 6th April 2015) will I get an extesnion for 3 years (till March 2018) or UKBA will reject my application saying I have enough leave to take me through to 5 years and hence will not give me any extension?

I do underartand some of you will be thinking why even I'm asking about this but with such stringent rules in place for ILR, I jsut wanted to explore my options.

Many thanks in advance...

hsmp_apr2010
Member
Posts: 137
Joined: Sun Mar 28, 2010 9:26 am

Re: Extension rules before 6th April 2015 and ILR

Post by hsmp_apr2010 » Mon Mar 02, 2015 10:56 am

Guys further to my original post after doing some more looking around I found this two contradicting rules

1.
How long you can stay (Source: https://www.gov.uk/tier-1-general/overview)
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.



And

2.
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

As far as I can infer..

From First statement ----
I am not eligible for a 2nd extension as I am will already be eligible for ILR due to 5 years of continuous residence...

From the second statement....
As 3 years is longer I should be able to get 2nd extension until March 2018..

Please guys could you help me undersrtand this better?

hsmp_apr2010
Member
Posts: 137
Joined: Sun Mar 28, 2010 9:26 am

Re: Extension rules before 6th April 2015 and ILR

Post by hsmp_apr2010 » Mon Mar 02, 2015 1:58 pm

Experienced people, gurus, moderators please reply...

nks
Member
Posts: 230
Joined: Thu Jul 01, 2010 2:08 pm

Re: Extension rules before 6th April 2015 and ILR

Post by nks » Mon Mar 02, 2015 3:15 pm

I was in similar situation and got my extension done without any issues. It was extended for 3 years.

hsmp_apr2010
Member
Posts: 137
Joined: Sun Mar 28, 2010 9:26 am

Re: Extension rules before 6th April 2015 and ILR

Post by hsmp_apr2010 » Mon Mar 02, 2015 4:14 pm

Thanks nks,

So as in my case I don't have any shortfall (I have a valid visa to cover 5 years of continuous residence) if I apply for second extension
I will still get further 3 years from vsia end date?

Will UKBA ask as to why I need this extension as they might think it as reduntant?

Thanks

abhisheks9
Member of Standing
Posts: 266
Joined: Fri May 11, 2012 9:16 am
Location: Aberdeen
India

Re: Extension rules before 6th April 2015 and ILR

Post by abhisheks9 » Tue Mar 03, 2015 8:12 am

@ hsmp_apr2010
if you don't really care much about visa fees, then go for extention for complete piece of mind
alternatively ILR is not that rough as you imagine it to be, based on other's experience here, if prepare yourself now for the application
OR another alternative is to hire a Solicitor for ILR for less amount of money you will be spending on extension visa fees
I was forced to go for earlier extention myself :(
Disclaimer: This post does not contain legal advice

thikkals
Newly Registered
Posts: 6
Joined: Wed Mar 11, 2015 3:36 pm

Re: Extension rules before 6th April 2015 and ILR

Post by thikkals » Wed Mar 11, 2015 5:00 pm

Hi hsmp_apr2010, I am in a similar situation. Did you apply for your extension? what was the outcome?

Thanks
ST

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