Tier 1 Extension - Employment & Rules before 6th April 2

[nero_4]

Hello everyone,

I am planning to extend my T1 within the next couple of weeks and would like to ask you for clarification on three points.

A bit of background first: I was on a company sponsored work permit, but switched to a T1 Visa in Early 2010. See post by nero_44 here:
http://www.immigrationboards.com/viewto ... ht=#331725
N.b. Had to reregister as the forget-password-function did not work...

I will have my full 5 years in mid April 2013. Despite the 3 month rule, I decided to extend my visa, just to be on the safe side to have the full 5 years for my ILR application. Given that I already received a 3 year T1 on my first application, I am looking to extend for another two years.

Now to the three questions

1. I am currently out of a job. I understand that for an extension of a T1 (unlike an ILR app) I do not need to be in employment at the time of applying, given that I fulfil all earnings requirements et. al?

2. Age requirement. See application form page 30. Give that I received my first T1 on the 26-01-2010, I would be one of those Rules-before-6th-of-April-2010 applicants and the date of my first grant (i.e. 26-01-2010) would be relevant? I am 30 now, but I was 28 during my first t1 app. This means I can claim 10 age points?

3. Earnings requirements. See application form page 37. Again, I am assuming that the rules before 6th of April 2010 apply in my case and therefore the max earnings / points I can claim are £40k gross / 45 points?

Thank you for reading my post.

[silent_warrior]

Replies are in dark blue

Hello everyone,

I am planning to extend my T1 within the next couple of weeks and would like to ask you for clarification on three points.

A bit of background first: I was on a company sponsored work permit, but switched to a T1 Visa in Early 2010. See post by nero_44 here:
http://www.immigrationboards.com/viewto ... ht=#331725
N.b. Had to reregister as the forget-password-function did not work...

I will have my full 5 years in mid April 2013. Despite the 3 month rule, I decided to extend my visa, just to be on the safe side to have the full 5 years for my ILR application. Given that I already received a 3 year T1 on my first application, I am looking to extend for another two years.
If you have received your Tier 1 in early 2010, then you would have your visa validity of 3years till early 2013. So I am assuming you are extending because you fall short of the continuos 5 year if you apply for ILR in early 2013.
Now to the three questions

1. I am currently out of a job. I understand that for an extension of a T1 (unlike an ILR app) I do not need to be in employment at the time of applying, given that I fulfill all earnings requirements et. al?
How will you fulfill your immediate previous 12 months earnings criteria then? If you show earnings for the immediate 12 months, whether by employment of self-employment, it would mean that you are employed. So I don't understand the statement 'I do not need to be in employment at the time of applying, given that I fulfill all earnings requirements et. al', when you are proposing to fulfill the requirement? Please elaborate more if you can on this point

2. Age requirement. See application form page 30. Give that I received my first T1 on the 26-01-2010, I would be one of those Rules-before-6th-of-April-2010 applicants and the date of my first grant (i.e. 26-01-2010) would be relevant? I am 30 now, but I was 28 during my first t1 app. This means I can claim 10 age points?
Yes,Age requirements will be as per what you claimed in your initial Tier 1 application i.e 28 years= 10 points (as per the information you have given)

3. Earnings requirements. See application form page 37. Again, I am assuming that the rules before 6th of April 2010 apply in my case and therefore the max earnings / points I can claim are £40k gross / 45 points?
Yes, if you have submitted your initial Tier 1 General application before 6th April 2010

Thank you for reading my post.

[nero_4]

Replies are in dark blue

Hello everyone,

I am planning to extend my T1 within the next couple of weeks and would like to ask you for clarification on three points.

A bit of background first: I was on a company sponsored work permit, but switched to a T1 Visa in Early 2010. See post by nero_44 here:
http://www.immigrationboards.com/viewto ... ht=#331725
N.b. Had to reregister as the forget-password-function did not work...

I will have my full 5 years in mid April 2013. Despite the 3 month rule, I decided to extend my visa, just to be on the safe side to have the full 5 years for my ILR application. Given that I already received a 3 year T1 on my first application, I am looking to extend for another two years.
If you have received your Tier 1 in early 2010, then you would have your visa validity of 3years till early 2013. So I am assuming you are extending because you fall short of the continuos 5 year if you apply for ILR in early 2013.
Now to the three questions

1. I am currently out of a job. I understand that for an extension of a T1 (unlike an ILR app) I do not need to be in employment at the time of applying, given that I fulfill all earnings requirements et. al?
How will you fulfill your immediate previous 12 months earnings criteria then? If you show earnings for the immediate 12 months, whether by employment of self-employment, it would mean that you are employed. So I don't understand the statement 'I do not need to be in employment at the time of applying, given that I fulfill all earnings requirements et. al', when you are proposing to fulfill the requirement? Please elaborate more if you can on this point

2. Age requirement. See application form page 30. Give that I received my first T1 on the 26-01-2010, I would be one of those Rules-before-6th-of-April-2010 applicants and the date of my first grant (i.e. 26-01-2010) would be relevant? I am 30 now, but I was 28 during my first t1 app. This means I can claim 10 age points?
Yes,Age requirements will be as per what you claimed in your initial Tier 1 application i.e 28 years= 10 points (as per the information you have given)

3. Earnings requirements. See application form page 37. Again, I am assuming that the rules before 6th of April 2010 apply in my case and therefore the max earnings / points I can claim are £40k gross / 45 points?
Yes, if you have submitted your initial Tier 1 General application before 6th April 2010

Thank you for reading my post.

Thanks for your replies.

In regards to point no.1:

My contract was ended on 1st of feb 2012 and I have been unemployed since. However, I can claim earnings in a 12 month consecutive period during the past 15 months. So If I send out my application beginning of may (currently w/out any employment), I can still claim my earnings from Feb 2011 until Jan 2012 (just before my contract terminated).

Does this make sense?

[silent_warrior]

1. I am currently out of a job. I understand that for an extension of a T1 (unlike an ILR app) I do not need to be in employment at the time of applying, given that I fulfill all earnings requirements et. al?
How will you fulfill your immediate previous 12 months earnings criteria then? If you show earnings for the immediate 12 months, whether by employment of self-employment, it would mean that you are employed. So I don't understand the statement 'I do not need to be in employment at the time of applying, given that I fulfill all earnings requirements et. al', when you are proposing to fulfill the requirement? Please elaborate more if you can on this point


Thanks for your replies.

In regards to point no.1:

My contract was ended on 1st of feb 2012 and I have been unemployed since. However, I can claim earnings in a 12 month consecutive period during the past 15 months. So If I send out my application beginning of may (currently w/out any employment), I can still claim my earnings from Feb 2011 until Jan 2012 (just before my contract terminated).

Does this make sense?

Yes, then you are right. You can submit your earnings in a 12 month consecutive period during the past 15 months

[hsmp1412]

Yes, you can do that. You dont necessarily have to be in employment at the time of applying if you satisfy the earnings requirements (which based on the info you have supplied you do).