ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Can I stay overseas for another year after I get the Tier1 ?

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

Locked
chenzz
Newly Registered
Posts: 22
Joined: Wed Dec 01, 2010 5:19 pm

Can I stay overseas for another year after I get the Tier1 ?

Post by chenzz » Mon Jan 10, 2011 2:44 am

I know it sounds ridiculous.
I am having a very satisfying job in Sydney currently, the contract of which is finishing in May this year. It's very likely to get extended for another year.
How long can I stay overseas after I got the visa?
I am aiming for the settlement after 5 or 6 years.
The regulation is that the time i left UK has to be less than 180 days, right?
How exactly is the date being counted? Can I apply for the extension for another 3 years of tier1 2 years from the arriving date?
Thanks a lot for your reading and answering.

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 7:10 am
Location: London

Post by mulderpf » Tue Jan 11, 2011 6:30 am

There is no specified time that you need to move after granting of your visa, however, it may have an effect on your settlement application.

You can and need to apply for an extension shortly before you current visa expires if you have moved to and want to remain in the UK.

In order to apply for ILR, you would have had to have been in the UK for a minimum of 5 years (you can apply up to 28 days before your 5 years come up). ILR is based on being physically present in the UK, not based on visa dates. Therefore, in your situation this is how it will work (from the info you have given):

Initial visa: 15 January 2011 - 15 January 2013 (you haven't said that it has been approved yet, but let's assume it is approved in the next couple of days).
Your current contract gets extended to May 2012 and you move to the UK in June 2012.
You apply for an extension around 15 January 2013 and this is then extended to January 2016.
By January 2016, you would have only been in the UK for 3.5 years and therefore need to extend once again before you can apply for ILR. This would then take you to January 2019 and in this period sometime you can apply for ILR.

If I were you, the issue I would be worried about is the extension in January 2016. I hate speculation, but it's something that you have to consider whether it's worth it or not. People already in the UK are panicking and applying for early extensions because they don't know what will happen after April 2011. For people like us, I'm speculating (making it very clear that it's speculation), that we will still be allowed to apply for extensions when our time comes up. But I don't think they will do it indefinitely (still pure speculation). It's up to you whether you want to take the chance - you have made it clear that you want to settle, so this would be the route you would have to take.

On that note though, this is speculation on something that hasn't happened yet, so nobody can tell you what's going to happen (people can tell you what they think might happen, but it's not been announced yet, so nobody knows the facts). I am also of the opinion that by January 2016 when you want to renew, there might be other options available to you.

We don't know what the future may hold - 6 years ago, many of the existing visa options were not available (and now some are even being discontinued!!), so there may very well be other options to choose from too. One door closes and another might open later...

chenzz
Newly Registered
Posts: 22
Joined: Wed Dec 01, 2010 5:19 pm

Post by chenzz » Tue Jan 11, 2011 7:08 am

Thanks a loooooooooooooooooooooooooooooooooooT!
this is a very very very very very helpful reply.
though i have figured out yesterday similar speculation.
as u said, the think i should be worrying about is the extention at 2016, which I've read a little bit.
for current policies, the points system to issue the remain to stay visa for people under Tier1 General is similar to the points system as issuing Tier1 general.
I guess if they keep the policy similar, there shouldn't be too much problem
and based on the immigration policy history (i.e. HSMP), it's keeping quite good consistency.
I guess I'll have to deal with it.


thanks again!

Locked
cron