Late Entry: Tier 1 Second Extension for ILR

[starmit]

Dear All,

1) I got Tier 1 visa in Oct 2008, valid for 3 years (till Oct 2011). But entered UK in June 2009, 7.5 months late due to recession.
2) This month, applied for extension (with family) at Cardiff in person. All got 2 years extension till Oct 2013.
3) In Oct 2013, for ILR I will fall short of 7.5 months (233 days precisely) for 5 years continuous stay in UK

Can someone please answer questions below?

Questions:

1) At end of Oct 2013 should I reapply for 2 years extension to cover 233 days?
2) Will same fees be applicable? 1300+650+650 (Its expensive for the whole family)
3) Will the same rules apply (as during 1st extension) for 2nd Extension Eg: Past 12 months Salary (from 15 months band), Maintainance, Age, etc to get 75 points?
4) Came to know for ILR you cannot have more than 450 days (90days/year X 5years) leave outside UK. Does that mean I can now only have 217 days leave til I get ILR?
5) My dependants (wife and son) arrived to UK in Jan 2010. Will they also have to complete contiuous 5 years for ILR?

Expert advice is really appreciated and I shall be really thankful. Many thanks for your time.

[geriatrix]

Please don't make multiple posts on the same topic.

[starmit]

Dear Sush,
Apologies for this...can you please post/unlock this thread on relevant Index of 'Indefinite Leave to Remain' and Lock this one please? I think its more a question for ILR.

[geriatrix]

1. You'll need to apply for an extension. The period of grant is fixed, even if you may need it for 1 day.
2. Fees applicable on the day of such application(s).
3. Hopefully yes, but no one can tell you day what the rules may be in 2013.
4. No, 2 years - so they may be eligible for settlement at the same time as you.

[starmit]

Dear Sush,

Thanks for your reply.

1) So I understand that I have to again apply for Tier 1 extension and as you say I should get it for 2 years as the duration for extension is fixed.
2) Fees are not predictable and it will be as in year 2013
3) Extension rules as in 2013 for Tier 1 need to be followed. Hoping we would have to follow the same rules as earlier extension i.e. under the same rule that we got this month

Question 4) Can you please answer this? Regarding the feasibility of ILR, I was checking the PDF from this link dated April 2011:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It guides the Case worker to count the days from the day I got my visa till I entered the UK which should not be greater than 90 days.


Caseworkers may count the period between entry clearance being granted and the date the
applicant entered the UK towards the five years, provided this period was not longer than
three months.

Now for my case the days outside UK are 233 days. So do I stand a chance for ILR later even if I complete continuous 5 years in UK after my 2nd extension (hoping I get through the second one)?

5) 2 years for dependants is correct.. I read in the rules. Thanks for this.

Can you please confirm the above ? Many thanks.

Kind Regards,
AP

[geriatrix]

Absence = "absences from UK" after entering UK.

So the period between the date of issue of entry clearance and the date you entered UK first time as Tier 1 (General) migrant cannot be considered as "absence from UK", as you are assuming. Your ILR clock started only in June 2009 and therefore the earliest you may become eligible for settlement is in June 2014.

[starmit]

Thats the answer I was looking for!
Many thanks Sush for providing some peace of mind for these coming 2 lovely years...hoping that all your answers are correct.
Coming late to UK has become dearer now as we will again have to pay the visa fees...and the increase in 2013 if any ..
But thanks for your answers.

[arajkumar82]

Seniors of the Forum please help,

I got my initial HSMP Visa on 16th January 2008 but i entered in to UK on 10th April 2008 (almost 94 days after the grant of the Visa) and i applied for my extension and visa got extended to 2013 January.
As I am short of the 94 days for ILR. I am going for furthur extension in August 2012.

my questions are:

1) Which Application form i need to fill for my extension. is it a Tier 1 general extension form or FLR(O).

2) My daughter was born in India in Janury 2011 and she has Tier1 dependent visa which is going to expire in 2013 January. She came to UK for a month in May 2012. Due to some health problems she went back to india and she is with her grand parents. We are planning to bring her once we got an ILR in May 2013. My query is ..
Once I got the ILR , Will my daughter be eligible for ILR (ie applying ILR from India)or i need to go for an extension?

3) Does "2 years as dependent in UK" rule apply for children?

Can you please guide me.

Thanks in advance
Raj