Tier Visa Extension - New Rule from 2015

Dear Forum

My Tier 1 visa is valid till next year May 2015.
However as per new rules issued by UKBA, after Apr 5, 2015, no further tier 1 extension would be done.

Q: May I go for VISA extension in month May 2014 for further visa extension?
Since I have enough points on earnings made from last year June - till date.

Details of my Tier 1 are as follows.
First T1 issued: May 2010 - valid May 2013
First visa extension: May 2013 - valid May 2015.

Stay in UK
09 Apr 2011 - 07 May 2011
16 July 2011 - 24 Aug 2011
20 May 2012 – Till date

Out of UK
08 May 2011 – 15 July 2011
25 Aug 2011 - 19 May 2012

Q: May I know when am I eligible for ILR?

Request your suggestion please.

Thanks in advance.

sanind8 wrote:Dear Forum

My Tier 1 visa is valid till next year May 2015.
However as per new rules issued by UKBA, after Apr 5, 2015, no further tier 1 extension would be done.

Q: May I go for VISA extension in month May 2014 for further visa extension?
Since I have enough points on earnings made from last year June - till date.

Details of my Tier 1 are as follows.
First T1 issued: May 2010 - valid May 2013
First visa extension: May 2013 - valid May 2015.

Stay in UK
09 Apr 2011 - 07 May 2011
16 July 2011 - 24 Aug 2011
20 May 2012 – Till date

Out of UK
08 May 2011 – 15 July 2011
25 Aug 2011 - 19 May 2012

Q: May I know when am I eligible for ILR?

Request your suggestion please.

Thanks in advance.

If you consider 9th Apr 11 to 8th Apr 12 in this 1 year you have 7 months 15 days out of UK. So your eligibility start date will be considered as 20th May 2012.

So you will be eligible on or after 23rd Apr 2017 i.e 28 days before.

Regards,
Suresh

Dear all
I have been reading your post and have a very important question, my husband was in tier 1general and I came to the country on June 2013 as pbs dependant. My husband has got his ILR on June 2014, now I need to apply for my visa for extension. If I do it under pbs it will give me extension till 2017 but if the category itself is closing down what will be my status under that in 2017. Shall I be eligible for ilr or do you think I shall consider applying under FLR m for my extension.
Please reply urgently...
Thanks

Hi,

Could you please check my case and advise when I will be eligible for ILR.
1) Entered UK through Tier-2 (ICT) visa in 8th Aug’2010
2) Applied for Tier-1 (General) visa and same issued to me on - 19th July 2011
3) Returned to offshore (India) on 21st Nov 2011 to work for UK based client till Feb-2012 and for birth of my child.
4) Returned to UK on 1st Jun 2012 to work as a freelancer. (after 6 months 10 days)
5) My current Tier-1 (General) visa is valid upto 19th July 2016. (2+3 yrs)

My question is
a) Shall I be eligible for ILR in July’2016 or do I need to apply for Tier-1 (General) visa extension by 6th Apr’2015 (as per new rule)?
b) As per point-3 I can provide the required document from my ex-employer. This would be cover 120 days of 190 days. Can you please confirm If I can use those 70 days as absence for ILR processing.

I will appreciate an early response and guide me on the above process.

Kind Regards,
S.P DASH

Hi

Could you please check my case and advise when I will be eligible for ILR.

1) Entered UK through Tier-2 (ICT) visa in 8th Aug’2010
2) Applied for Tier-1 (General) visa from UK and same was issued to me on - 19th July 2011
3) Returned to offshore (India) on 21st Nov 2011 to work for same UK based client till Feb-2012 and for birth of my child
4) Returned to UK on 1st Jun 2012 to work as a freelancer. (after 6 months 10 days)
5) My current Tier-1 (General) visa is valid upto 19th July 2016. (2+3 yrs) .

My questions are
1. Shall I be eligible for ILR in July’2016 or do I need to apply for Tier-1 (General) visa extension by 6th Apr’2015 (as per new rule)?

2. As per point-3 I can provide the required document from my ex-employer. This would be cover 120 days of 190 days. Can you please confirm If I can use those 70 days as absence for ILR processing.

3. And also if I consider Tier-2(ICT), I would be eligible for ILR by Aug 2015 as per the below dates mentioned

Tier 2 - ICT.

08-Aug-10 to 18-Jul-11 = 11 months

Tier 1 - GENERAL.

19-Jul-11 to 19-Jul-13 = 2 years (with 190 days absences which 120 days working for UK based client from offshore and child birth as per point 3)

19-Jul-13 to 19-Jul-16 = 3 years

As per the above dates I am eligible to apply for ILR by Aug'2015?

I will appreciate an early response and guide me on the above process.

Awaiting for your update.

Kind Regards,
S.P DASH

spdash12, your continuous residence for ILR may have been broken in 4) (245AAA). Suggest that you extend Tier 1 (General) before the route is closed.

spdash12 wrote:Hi

Could you please check my case and advise when I will be eligible for ILR.

1) Entered UK through Tier-2 (ICT) visa in 8th Aug’2010
2) Applied for Tier-1 (General) visa from UK and same was issued to me on - 19th July 2011
3) Returned to offshore (India) on 21st Nov 2011 to work for same UK based client till Feb-2012 and for birth of my child
4) Returned to UK on 1st Jun 2012 to work as a freelancer. (after 6 months 10 days)
5) My current Tier-1 (General) visa is valid upto 19th July 2016. (2+3 yrs) .

My questions are
1. Shall I be eligible for ILR in July’2016 or do I need to apply for Tier-1 (General) visa extension by 6th Apr’2015 (as per new rule)?

2. As per point-3 I can provide the required document from my ex-employer. This would be cover 120 days of 190 days. Can you please confirm If I can use those 70 days as absence for ILR processing.

3. And also if I consider Tier-2(ICT), I would be eligible for ILR by Aug 2015 as per the below dates mentioned

Tier 2 - ICT.

08-Aug-10 to 18-Jul-11 = 11 months

Tier 1 - GENERAL.

19-Jul-11 to 19-Jul-13 = 2 years (with 190 days absences which 120 days working for UK based client from offshore and child birth as per point 3)

19-Jul-13 to 19-Jul-16 = 3 years

As per the above dates I am eligible to apply for ILR by Aug'2015?

I will appreciate an early response and guide me on the above process.

Awaiting for your update.

Kind Regards,
S.P DASH

Technically your continuous period was broken, But if you approach a solicitor they can help you. I am not sure, how the solicitor will manage the case (supporting evi). But one of my friend got it similar way. You need to tweak your start date in such a way that, any of the consecutive years should not have more than 180 days absence. like below your case

your actual start date will be 8th Aug 2010, But if you claim from 4th Dec 2010, then you will be eligible on 07th Nov 2015(28 days before).

Let me know if you need more info

04/12/2010 04/12/2011 13 days
04/12/2011 04/12/2012 180 days
04/12/2012 04/12/2013
04/12/2013 04/12/2014
04/12/2014 04/12/2015


Thanks,
Suresh

Since you had one long absence of more than 180 days, I think, you broke your continuous residence period. It will restart after you came back. I would assume that ILR eligibility will reset till June 2017.