Page 1 of 1
Tier-1 General Extenstion or ILR application?
Posted: Mon Nov 05, 2012 4:00 pm
by pvivekrao
Friends,
I got Tier-1 General visa on 05/01/2009 and it valid till 05/01/2012. I have travelled to UK on 02/04/2009(88 days after I got the visa).
I have extended my visa on 25/11/2011 and it has been extended till 05/01/2014. I have a short of 88 days to finish 5 years in the UK. My question is do I need to extend my visa again before apply for PR? or Can I apply PR without having another extension?
T,
Rao
Re: Tier-1 General Extenstion or ILR application?
Posted: Mon Nov 05, 2012 4:09 pm
by madhumesh
You can apply for ILR as you are within 3 months limit. However it is on discretion of caseworker.
pvivekrao wrote:Friends,
I got Tier-1 General visa on 05/01/2009 and it valid till 05/01/2012. I have travelled to UK on 02/04/2009(88 days after I got the visa).
I have extended my visa on 25/11/2011 and it has been extended till 05/01/2014. I have a short of 88 days to finish 5 years in the UK. My question is do I need to extend my visa again before apply for PR? or Can I apply PR without having another extension?
T,
Rao
Posted: Mon Nov 05, 2012 4:29 pm
by uksettlement
Hi Rao,
You willl be OK as you are within 3 months.
Thanks!
Sohel
Posted: Tue Nov 06, 2012 9:12 am
by pvivekrao
Thanks for reply,
I think as per the new rules, we have to apply 28days before the visa expires by person or post. If I apply 28 days before then I will be short of 116 days. How this will consider?
Thanks,
Vivek
Posted: Tue Nov 06, 2012 9:17 am
by Greenie
There is no new rule requiring you to apply 28 days before your leave expires.
Posted: Tue Nov 06, 2012 9:42 am
by wpilr_nov12
There are two critical dates you need to be aware of, if you want your application in-time:
Date when your qualifying period (5 years, in your case) completes.
Then you have a 28 day window immediately before the 5 year completion date when you can submit your application. You can appear at a PEO or Post your application on any of these 28 days.
Posted: Tue Nov 06, 2012 11:43 am
by madhumesh
No necessity to apply before 28 days, You can apply any time before your Visa expire.
As said earlier, it is still on caseworker discretion to accept the gap. lots of people here on this forum have good experience.
"In some cases, applicants may have been granted five years continuous leave, but due to travel will not have spent five years continuously in the UK before their current leave . You 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."
link
pvivekrao wrote:Thanks for reply,
I think as per the new rules, we have to apply 28days before the visa expires by person or post. If I apply 28 days before then I will be short of 116 days. How this will consider?
Thanks,
Vivek
Posted: Fri Mar 15, 2013 3:35 pm
by pvivekrao
As you said it depends on the caseworker then do I need to prepare for both options? I think ILR and extension got different forms fill. We are planning to apply by person in second week of November 2013(my visa expires on 05/01/2014).
Posted: Fri Mar 15, 2013 9:53 pm
by [iD]
Let's clarify this.
According to the rules, If you came to this country within 90 days of getting Entry Clearance then you can count those days towards your 5 years.
In OP's case, he came 88 days after getting EC which means he can count those 88 days towards his 5 years.
As the rules stand today, OP can apply for ILR 28 days from 05/01/2014.
ILR - SET(O) Section 7.11
Posted: Sat Mar 16, 2013 12:50 pm
by Raju TLN
What should we enter in Section 7.11 how long have you lived in the UK?
if we entered into UK first time late by 2 months is it 4 Years 11 Months or 4 Years 9 months
Posted: Sat Mar 16, 2013 5:14 pm
by rommy
[iD] wrote:Let's clarify this.
According to the rules, If you came to this country within 90 days of getting Entry Clearance then you can count those days towards your 5 years.
In OP's case, he came 88 days after getting EC which means he can count those 88 days towards his 5 years.
As the rules stand today, OP can apply for ILR 28 days from 05/01/2014.
Are you sure about this as I have not come across this before? Isnt the lawful residence only starts when you enter the country and not when you were granted the visa on?
Posted: Sat Mar 16, 2013 11:56 pm
by [iD]
rommy wrote:[iD] wrote:Let's clarify this.
According to the rules, If you came to this country within 90 days of getting Entry Clearance then you can count those days towards your 5 years.
In OP's case, he came 88 days after getting EC which means he can count those 88 days towards his 5 years.
As the rules stand today, OP can apply for ILR 28 days from 05/01/2014.
Are you sure about this as I have not come across this before? Isnt the lawful residence only starts when you enter the country and not when you were granted the visa on?
100% sure.
Read the following snippet from Page 11 of Guidance –ILR – calculating continuous period in the UK
Code: Select all
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
[/color]
Posted: Sun Mar 17, 2013 2:48 am
by rommy
[iD] wrote:rommy wrote:[iD] wrote:Let's clarify this.
According to the rules, If you came to this country within 90 days of getting Entry Clearance then you can count those days towards your 5 years.
In OP's case, he came 88 days after getting EC which means he can count those 88 days towards his 5 years.
As the rules stand today, OP can apply for ILR 28 days from 05/01/2014.
Are you sure about this as I have not come across this before? Isnt the lawful residence only starts when you enter the country and not when you were granted the visa on?
100% sure.
Read the following snippet from Page 11 of Guidance –ILR – calculating continuous period in the UK
Code: Select all
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.
[/color]
Thank you very much coming back to me on this. Am I correct to say that this does not apply to 10 year long residence ILR though?
I am on tier 1 General right now and my visa expires on 07/07/2013. I complete my 10 years in UK on 05th October this year and initial EC was granted on 02/09/03 so I travelled to UK after one month. I am trying to figure out a way to avoid the hassle and expense of Tier 1 extension. But really do not see any option right now
Posted: Sun Mar 17, 2013 7:53 am
by [iD]
rommy wrote:
Thank you very much coming back to me on this. Am I correct to say that this does not apply to 10 year long residence ILR though?
I am on tier 1 General right now and my visa expires on 07/07/2013. I complete my 10 years in UK on 05th October this year and initial EC was granted on 02/09/03 so I travelled to UK after one month. I am trying to figure out a way to avoid the hassle and expense of Tier 1 extension. But really do not see any option right now
From what I've read in vinny's post, 10 long resident can also apply 28 days in advance.
Problem is, even if you can apply 28 days in advance, your 10 years (minus 28 days) complete a couple of months after your expiry of your visa. How are you going to cover those days?
Posted: Sun Mar 17, 2013 1:02 pm
by rommy
[iD] wrote:rommy wrote:
Thank you very much coming back to me on this. Am I correct to say that this does not apply to 10 year long residence ILR though?
I am on tier 1 General right now and my visa expires on 07/07/2013. I complete my 10 years in UK on 05th October this year and initial EC was granted on 02/09/03 so I travelled to UK after one month. I am trying to figure out a way to avoid the hassle and expense of Tier 1 extension. But really do not see any option right now
From what I've read in vinny's post, 10 long resident can also apply 28 days in advance.
Problem is, even if you can apply 28 days in advance, your 10 years (minus 28 days) complete a couple of months after your expiry of your visa. How are you going to cover those days?
It seems I will have to go for Tier 1 extension first for which I do enough points. The problem is I am not keen on paying twice first for extension and then for ILR and also I might not have my passport with me for up to 6-8 months
Posted: Mon Mar 18, 2013 2:00 pm
by pvivekrao
Thank You All,
Final word, I can apply for ILR anytime after 07/12/2013(28 days before my visa expires on 05/01/2014).
Thanks,
Vivek