Advise on Tier 1 General further extension of 2 years and IL

[tammurao]

Hi,

I am an Indian national holding Indian Passport. I have a granted Tier 1 General (formerly HSMP) on Oct 16th 2008 and valid until Oct 16th 2011

Currently I am in India working in one of the company in India, which has a branch in UK as well.

I was using this Tier 1 Visa in my current company in India travelling to UK to execute my assigned responsibilities at my UK branch Company. Due to my company policy restrictions, the assigments at my UK branch company are short term period assignments. Basically, I am originally employed in my India company branch. Hence I am travelling in and out to UK with multiple entries as on demand basis whenever required for my UK branch company.

Importantly note that from now onwards, My origin company in India dont have any short term assignments to travel to UK until my visa expiry date i.e Oct 16th 2011. However I am OK to travel to UK with my own personal expenses, only for the purpose to apply for an extension in UK as an in-country application visiting in-person to UK Boarder agency at Durham.

Now that my Visa is expiring on Oct 16th 2011, and I would like to act in advance to prepare for my extension of my PBS General Tier 1 visa for next 2 years (from Oct 2011 till Oct 2013). And also I want to apply ILR after the 2 year extension

See the following travel dates and my work dates history. Finally, please advise how best I can apply for an extension.

I have travelled to UK (in & out) with multiple entries on the following dates as PBS General Tier 1 visa:

1. Nov 24th 2008 = Entered UK Port Entry (initial first entry)

2. Nov 25th 2008 until May 20th 2009 = Worked in UK as PBS General Tier 1 (having UK currency Payslips, UK bank statements salary credit and letter from my UK Company).

3. May 22nd 2009 until July 2nd 2010 = Worked at my Home country India branch company (having India currency payslips, India bank statements salary credit)

4. July 5th 2010 until Sept 10th 2010 = Worked in UK as PBS General Tier 1 (having UK currency Payslips, UK bank statements salary credit and letter from my UK Company).

5. Sept 15th 2010 to Till date (current date) = Currenlty working at my Home country India branch company (having India currency payslips, India bank statements salary credit)

My questions are as follows:

1. Am I eligible to apply for further two year extension? so in my case the period would be from Oct 2011 till Oct 2013. If not eligible please advise any alternatives.

2. Am I eligible to apply for ILR at the end of two year which is 2013, if the extension of two year granted in my question 1? As per to my knowledge not eligible, however any alternatives please advise.

3. As per rule the Tier 1 general initial visa is 3 years and then 2 years extension. So total is 5 years and then the immigrant is eligible to apply for ILR if continously stayed in UK for 5 years legally. However my case is different, which clearly stated above that I am not in UK continous 5 years, so I know that I am not eligible for ILR. So to achieve this continous 5 year, At the end of my two year extension period which is 2013, will the UK Boarder agency allows my Tier 1 visa for further additional years if my Employer supports me with a letter?

[geriatrix]

1. You may be able to extend if you qualify (based on your overseas earnings).
2. No. See also Chapter 6A - Settlement
3. Under current rules, if not eligible for settlement, one may extend his stay in the UK in the same immigration category or switch to another immigration category (provided he qualifyies for either).


regards

[rajaram20]

You won't be eligible for ILR as Moderator pointed out.