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I would really appreciate some advice or thoughts on that as I am seriously considering doing that too.theroyale wrote:My Tier-1 expires Feb 2012. In the current uncertain climate would it make sense for me to apply for an extension before April 2011? Are there others who are thinking about doing this?
HSAG1D wrote:I think it is still very ambigous. It may mean both of the following:
1. even if application date - expiry date < 30 days, the new visa will start from the expiry date
2. even if application date - expiry date < 30 days, the new visa will start from the application date
so my question: if someone applies 29 days before their visa expires, as it is recommended, might there be a risk of becoming short for ILR?
You should not have applied. Infact you just wasted good money on your visa applicationsharjeelpk wrote:I applied 21 months earlier, My Tier 1 visa is till 3 jan 2013 but because of short of only 8 days for ILR i applied in this march because I just need 8 days. I dont trust HO because they say "Case worker may consider or may not" plus now I applied with my 3 dependant and paid 1600 and this gonna be 2500 after 6 april. I am sure its not possible for anybody to spend 2500 for extention and 3000 for ILR in the same year.
There are 2 problems with this..push wrote:See thisWe encourage applications to be made at least a month before the applicant's
extant (still existing) leave expires. Applicants should note however that if the application is made significantly earlier than one month before the expiry of their leave, there is a risk of a shortfall in the required period of leave should they subsequently make an application for settlement. This is because any further leave to remain (for example Indefinite Leave to Remain or Settlement) is granted from the date that we make the decision, not the date the applicant's extant leave expires.
Your assumptions are completely incorrect.tirfk wrote:secondly, if incase due to carelessness by case worker (which is happening a lot these days) if its rejected, then they will directly ask you to come n collect the passport from airport and then all appeal process from india..
I thought if the visa expired while it is with home office and of they reject it, do they still post it and give you time to leave the UK?sushdmehta wrote:Your assumptions are completely incorrect.
The use of the word "significantly" in the policy really needs to be clarified, as it just doesn't sound fair to leave it as a judgement call on a case by case basis. I know there is a solution to all this, i.e. apply exactly 28 days before current visa expiry, but surely they should allow and specify a little more of a window, e.g. apply between 1-2 months or 1-3 months before current visa expiry.HSAG1D wrote:Is there anybody who applied 2-3 months before their visa expiry date and issued a visa from the date of their initial visa's expiry recently?
sounds like people have got money to wastetheroyale wrote:Yep. I'm going with the same idea - don't care that I have to extend for the 2nd time.If we can apply a 2nd extension to make up the 5 years after the 1st extension, then we do not need to worry about short of years to get settlement anymore.
I am NOT considering the extra cost here.
Any thoughts?
no. 245CD c)nealsu wrote:Does anyone know if having spent time in the UK under the working holiday visa then switching to the tier 1 (general) when time comes for settlement can I claim the 6months i was residing in the UK under the working holiday visa to make up for the 5 year residence requirement for indefinite leave to remain?
Thanks for pointing that out. That is a bummer. Reading the bit that says indefinite leave to remain is only granted after spending 5 years continuously in the UK, does this mean you could never have left the country, say on holiday or for work/volunteer work, say for 2-3 months?.Greenie wrote: no. 245CD c)
Yes that does help indeed! Thank you very much for this reply!QuickSam wrote:The total period that you could be away from UK in the 5 yr period is 180 days and you cannot be outside UK for a continuous period of 3 months or 90 days whichever is shorter.
In case you've come late to UK, you would have to extend your visa 2-3 times till you complete the 5 yr continuous period in UK and the leaves cannot exceed the 3 month period at a single time.
Hope this helps.