Tier 1 Genernal

[ankur6006]

Hi

I am in UK since September 2004 and conver to Tier 1 Genernal visa in July 2009, I had my extension in July 2012. Then I visited India as my wife was pregnant as well. During the travel she had some medical complication and I have decided to stay with her and not to leave her. Now we have baby. Now I like to take my wife and daughter with me. Me & my wife have visa valid until 2014.

My question is
1) Do I face any problem while I return to UK at airport as I am outside Uk for around 8 months.
2) Can I get my daughter's visitor visa from here in India and then convert visa while in UK.

Regards

[Lucapooka]

You won't have a problem returning if it's your intention to be a Tier 1 migrant worker. You can try for a visit visa but I doubt it will be issued and, in any case, you can't switch having entered as a visitor; the child would have to leave and apply for a PBS dependant visa from the home country.

Basically, if you want to apply for a visit visa for the child, you have to show the strong social ties that motivate the child's return. They won't issue a visit visa to a child whose parents have residence permits, as it will not be clear and obvious that the child will leave the UK after the visit. However, if the mother is also visiting with the child, it's more likely that the child would leave and so would be easier for a visit visa to be issued to that child. Therefore, if you really don't wish to get a PBS dependant visa for the child, I suggest that the mother will have to apply for a visit visa also (thus voiding her PBS dependant leave).

[vinny]

Hi Friends

I entered UK in September 2004 and convert to Tier 1 General in July 2009 and got extension in July 2012. Then I visit India and I stayed here for more than 8 months due to my wife's complex pregnancy.

I have ILR due in July 2014. I know I should not be outside UK for more than 180 days. Therefore I won't get ILR and I need to get extension.

Do I need to wait anothert 5 years for ILR? or I have wait 8 months more?

Thanks

[ankur6006]

Hi Friends

I entered UK in September 2004 and convert to Tier 1 General in July 2009 and got extension in July 2012. Then I visit India and I stayed here for more than 8 months due to my wife's complex pregnancy.

I have ILR due in July 2014. I know I should not be outside UK for more than 180 days. Therefore I won't get ILR and I need to get extension.

Do I need to wait anothert 5 years for ILR? or I have wait 8 months more?

Thanks

[Manka10]

Hi Friends

I entered UK in September 2004 and convert to Tier 1 General in July 2009 and got extension in July 2012. Then I visit India and I stayed here for more than 8 months due to my wife's complex pregnancy.

I have ILR due in July 2014. I know I should not be outside UK for more than 180 days. Therefore I won't get ILR and I need to get extension.

Do I need to wait anothert 5 years for ILR? or I have wait 8 months more?

Thanks

It will be 5 more years from the date you enter again

[hussainkothari]

It will be 5 more years from the date you enter again

Not completely true. You can be out of the country for 180/year. You can split your year such that you are NOT out of the country for more than 180/year. Refer to page 9/18 - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Manka10]

It will be 5 more years from the date you enter again

Not completely true. You can be out of the country for 180/year. You can split your year such that you are NOT out of the country for more than 180/year. Refer to page 9/18 - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

That may not be always possible depending on when they are eligible for ILR and when they apply, a second extension may be required

[hussainkothari]

That may not be always possible depending on when they are eligible for ILR and when they apply, a second extension may be required

Right. So you would require one more ext but you do not have to wait for 5 years again.

I think once you are back, you should post all your dates again and we will be able to advice then about when you can apply for ILR.

[Manka10]

Right. So you would require one more ext but you do not have to wait for 5 years again.

not exactly, continuous residence is broken if you stay out of UK for more than 90 days at a stretch

[Manka10]

Right. So you would require one more ext but you do not have to wait for 5 years again.

not exactly, continuous residence is broken if you stay out of UK for more than 90 days at a stretch

I guess that 90 day rule is now gone under the new rules for ILR

[ankur6006]

Many Thanks for all your great advice.