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Tier 1 Extension 2015 and ILR Application Query

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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sns12345
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Joined: Thu Jan 07, 2010 3:31 am

Tier 1 Extension 2015 and ILR Application Query

Post by sns12345 » Thu Jan 15, 2015 8:51 am

Hi All,

I am writing to you to discuss my below queries for the Tier 1 (General Migrant) extension and ILR application this year.
Please find below the timelines for my Tier 1 Visa stamping
• Initial Tier 1 Visa Approved: April 2010 till April 2013
• Entry into UK: 22nd August 2010
• 1st Visa extension: April 2013 - April 2015

2nd Tier 1 Extension Query
I have lived in UK from August 2010 till June 2014. However from June 2014 till now (Jan 2015) I had to leave UK to support my parents. The reason for this long absence was that my mother was ill and I had to return to support her. I have the medical reports to substantiate this claim.
I am planning to return to UK in Feb and apply for my 2nd Tier 1 visa extension in March. As per my understanding as long as I meet the points (95 points) criteria I should be able to get the extension.

Q1 -> is there any clause or conditions which prohibits someone from applying for Tier 1 extension if they were away from UK for extended period of time? I could not find any such guideline in the application form. I would appreciate if you could confirm this ?

Q2 -> My wife has the Tier 1 dependent visa till April 2015. So do I need to apply for her Tier 1 extension in April 2015 along with me or can she directly apply for ILR with me on Oct 2015 ? She has a Singapore passport so can enter UK without needing a visa for up to 3 months. Would you recommend me spending 2,000 GBP for her application as well?

She has lived with me in UK for 2.5 years (Jan 2011 – June 2014) and as per the requirement mentioned below is eligible for ILR application. However I am not sure if she has to have the Tier 1 Visa during the period of April – Oct 2015

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

ILR Application Query
Once I get the Tier 1 extension I am planning to apply for ILR in October 2015. I have calculated the number of days of absence in each year and I fall within the 180 day limit.
YearNO to_date from_date Total days
Year 5 01-Oct-15 01-Oct-14 152 days
Year 4 30-Oct-14 01-Oct-13 117 days
Year 3 30-Oct-13 01-Oct-12 53 days
Year 2 30-Oct-12 01-Oct-11 23 days
Year 1 30-Oct-11 01-Oct-10 21 days

Q3 -> Continuous Residence – For my ILR application as long as I have proof for my above long leave of absence (compassionate grounds) which is within 180 days then it should be fine?

Q4 -> Overseas Income – During my absence from UK for 8 months (June 2014 – Feb 2015) I was working remotely for my UK employer. Since they did not have an office in Singapore they allowed me to work remotely. I was not on their payroll, instead they paid to my own private consulting company in Singapore and I paid taxes on that income in Singapore. Do you think that will be an issue for ILR application ?

Sorry for the long query but responses to these questions will really help me in planning the next steps for settlement in UK.
Look forward to your response.

Thanks

sns12345
Newly Registered
Posts: 7
Joined: Thu Jan 07, 2010 3:31 am

Re: Tier 1 Extension 2015 and ILR Application Query

Post by sns12345 » Mon Jan 19, 2015 9:49 am

Would request the moderators to please provide their valuable inputs on my below query. If you need any further information then please let me know.

Thanks,
sns

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