ILR or Extension ?

[saurabhk]

Hello experts,

I have a query.

I hold a Tier 1 General work visa - valid from 25 March 2009 to 25 March 2012.

I came to UK from India on 16 May 2009 - 51 days after my visa validity start date

I left UK on 10 Nov 2009 and came back to UK again on 30 March 2010 (after 139 days). My ILR clock has started ticking now.

I would be making my Tier 1 extension in March 2012 for 2 years.

I won't be able to qualify for ILR. I want to know that:

Q1)Would I be able to make a second extension to Tier 1 General in March 2014 or are there any restrictions to this ?

Q2)Would this be an extension for 2 years/3 years or until the time I am eligible for ILR ?

Q3)How many times can i extend my Tier 1 General visa?

Q4)Eligibility requirements for second extension would be same as my first visa application(made in 2009) or requirements existing at the time of second extension(coming in 2014)?

Awaiting expert advice.

Thanks
Saurabh

[dimsav]

You are on the work route to earned citizenship to be introduced after July 2011.

Current vision is that your temporary residence as Tier 1 may be extended up 5 years, when you become a probation citizen. Then:
- After being a PC for 1 year and showing active citizenship (doing some voluntary work, etc., don't ask now how and where), you may become a full BC.
- Alternatively, after 3 years of PC, you may get permanent residency (a-la ILR) or BC (if you wont demonstrate active citizenship).
- Anyone being a PC for 5 years must choose between PR or BC, otherwise leave the UK.

Q1) Yes, provided you satisfy all the criteria/rules in action at that time.
Q2) Extension that should be enough to switch to a PC.
Q3) I am not aware of such restrictions.
Q4) No. "The immigration rules are subject to change and you must meet the rules that are in place at the time that you apply for settlement" is now stated explicitly for Tier 1/2 (unless you are subject to some transitional agreements that could be at that time).

[saurabhk]

Thanks Dimsav.

That was a great advice.

[dimsav]

You are welcome !