Immigrationboards.com

hello,

just want to get your opinion on my sitution. I will be applying for ILR on the same day as my Tier 1 (G) visa is due to expire.

but hv left the KOLL test too late and could only find a slot prior to one week before I am due to apply for ILR.

given I hv to wait 7 days before re-sitting , what happens if I fail the test as then I wud nt hv time to re-sit again before my current visa
expires.


any idea ? thanks

Apply for an extension or apply ILR by post and send LITUK test result later

I will suggest application for extension by post and Vary to ILR, once exam is passed.

New evidence may not be accepted.

thanks guys...but

a) am I allowed to extend Tier 1 (G) given I have already had 5 yrs in that.


b) if i make the application and vary , do I hv to pay the fee for ILR again as well ?


thanks

a) Yes, if the extension application is made prior to 6 April 2015.

b) you may have to pay the difference in fees, depending on which application costs more.

Hi Vinny,

Thanks for the reply..

a ) are you aware of any such cases just to be sure ? because the link you hv given does not categorically state that more than 5 yrs is possible on Tier 1 (G)

2 ) So, I take the the first application has to be valid for it to be varied later and the variance should be done before a decison is reached on the first application ?
2a) if decision is made on the Tier 1(G) and I hv not varied, can I re-apply later for ILR given my visa has expired ?

2b) I f so, I beleive I should be ok If I apply within 28 days of visa expiry ? or 28 days from the date when decision is made ?

Thanks

a) Does it say more than 5 years is prohibited?
2) Yes.
2a) Depends on decision.
2b) Maybe ok.

Preferably, you would want to make an application prior to expiry of leave or vary an application before a decision, to preserve your rights of appeal.

Hi Vinny,

Thanks again..I am also aware that new evidence are not accepted.

so, presumably you can submit new evidence when varying because you are making a new application ?

so, if I understand this correctly, when I make an application (could be anything) that extends my Visa
and hv all the rights as when I hv a valid visa before a deciison is made ? what that rule is called - section c or something right ?

and how do I make sure my rights are preserved when varying the application ?

thanks

any update any one ?