Immigrationboards.com

Hi,

I'm running my Ltd. Company and I am sole share holder (director) of my company drawing salaries + dividends as normal (per requirements)
I got my tier-1 visa in 6th Sept-10 and entered to UK on 21st Nov-10 (Within time). I got my first extension in July-12 which was for another 3 years till 6th Sep-15 (3+2 Rule) - I've aware that now rule for OUT OF UK is 180 days/year.

My questions is that I had been out of uk for the following duration (all trips were due to personal/family reasons)

YEAR 2011 77 Days
YEAR 2012 75 Days
YEAR 2013 96 Days
YEAR 2014 (Till date) 46 Days

All above absences are less than 180 days.

Should I need to apply for another (2nd extension before april 15) as per new rule changes OR SHOULD I GO STRIGHT FOR ILR IN SEP-15?

Thanks,

Salman

No Absence is more than 90 days..

What are you referring to salmans1?

Should I need to apply for another (2nd extension before april 15) as per new rule changes OR SHOULD I GO STRIGHT FOR ILR IN SEP-15?

we don't understand why would you think you need a second extension? as it stands now, you are perfect to go straight to ILR.
by the way 90 days at a time no longer matters. people are now getting ILR with even more than 180 days at a a time, while splitting it in half with a cleverly selected application date

that being said, you must keep in mind that should anything happen to you between April and September 2010, such as for instance a traffic incident that results in a conviction etc, you may be in a precarious situation as a Tier 1 extension will no longer be possible, so you may want to consider that if you have application money to spare come April 15. They may also adopt any number of new changes before then..

i dont know how many years your visa is for but it seems for 4 years what i understand.
I guess rules works as X years times 90 so in your case 4 x 90 : 360 days. You were not absence more than 360 days. So it should be ok.

Dont apply for extension. Just go for ILR

For PBS applications, absences should be no more than 180 days per any 12 month period.

The 90 days period relates to the concession between EC and subsequent Entry.

Hi,

@ Moderators: EUsmileWEallsmile, ca.funke, Amber_, sushdmehta, John, ChetanOjha, batleykhan, push, JAJ, Casa, archigabe, vinny, Obie, sbrennan

Can any senior member / guru check my above case and confirm that I dont need any 2nd Extension. Thanks

You should be eligible to apply from 28 days before 6th Sept-15 subject to meeting the requirements. Thus, you shouldn't need to extend.

Thanks Amber.

Can you explain last part of your answer 'YOU NEED TO EXTEND'

You mean I should take 2nd extension before april-15

OR

I should go staraight for ILR in Sep-15?

Please response. thanks

Shouldn't need to extend, a typo.

CAN ANY SNEIOR GROUP MODERATOR TELL

IF I NEED TO GO FOR EXTENSION OF MY VISA BEFORE 15TH APRIL 2015?

THANS A LOT.

As far as I understand your query about either apply for ILR or an extension
You mentioned that you got your visa 6th September 2010 and valid up to 6th September 2015. Your all absences are within 180 days of the relevant 12 month period i.e. not more than 180 days in consecutive 12 month period

No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application
Year 1
11 November 2012
to 12 November 2011
Year 2
11 November 2011
to 12 November 2010
Year 3
11 November 2010
to 12 November 2009
Year 4
11 November 2009
to 12 November 2008
Year 5
11 November 2008
to 12 November 2007
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. The period of delay will not be counted as an absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period between entry clearance being issued and the applicant entering the UK can be included in the continuous period calculation.
The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.

@ razi.khan: What you have provided I already know..... Where is the answer of my question.. Dont start eating food when you are not invited!

CAN ANY SENIOR MEMBER REPLY TO MY QUERY, SHOULD I GO FOR 2ND ENXTENSION OR NOT IN 2015?

NO NEWBIE PLEASEE!!!

Thanks

Amber is senior so please follow her advise

You should be fine salmans1

First you should learn how to serve the food and later think about the invitation, Its a matter of manner

razi.khan wrote:First you should learn how to serve the food and later think about the invitation, Its a matter of manner

Well said Razi.Khan.