minister of religion

[Raj5]

Minister of religion was granted in 2007 for 6 years but on account of being out of the country for more than 6 months, ILR can not be applied. Is it possible to seek extension under Tier 2?

[manci]

Since your entry clearance was granted before 5 April 2011, and provided you comply with the requirements in Immigration Rule 245HE, you are eligible to apply for an extension
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Regarding the rule for allowable absence when applying for ILR read p19:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Check if by the judicious timing of the ILR application you can break up the absences in the 12 month periods counted backwards from the date of application so that none is more than 180 days.

[Raj5]

Since your entry clearance was granted before 5 April 2011, and provided you comply with the requirements in Immigration Rule 245HE, you are eligible to apply for an extension
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Regarding the rule for allowable absence when applying for ILR read p19:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Check if by the judicious timing of the ILR application you can break up the absences in the 12 month periods counted backwards from the date of application so that none is more than 180 days.

Thanks for your prompt reply, it is much appreciated. It is a problem of a friend.The application is to be made in September and the absence from the UK was from January 2009 to July 2009 (195 days), therefore it seems that 180 days problem can not be come around. I take it there is no discretion if the absence is more than 180 days even if employer gives the letter.
Once again thanks for explaining things so well.

[manci]

Subject to satisfying the requirements he can apply for an extension before his current leave expires and for ILR from February 2014 onwards.

[onlooker]

Absences for work reasons were allowed in 2009, so theoretically this shouldn't be a problem. If you do find out, please let the forum know.

[Raj5]

Since your entry clearance was granted before 5 April 2011, and provided you comply with the requirements in Immigration Rule 245HE, you are eligible to apply for an extension
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Regarding the rule for allowable absence when applying for ILR read p19:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Check if by the judicious timing of the ILR application you can break up the absences in the 12 month periods counted backwards from the date of application so that none is more than 180 days.

Thanks for your prompt reply, it is much appreciated. It is a problem of a friend.The application is to be made in September and the absence from the UK was from January 2009 to July 2009 (195 days), therefore it seems that 180 days problem can not be come around. I take it there is no discretion if the absence is more than 180 days even if employer gives the letter.
Once again thanks for explaining things so well.

As the minister of religion was granted in 2007 and now extension is being sought under Tier 2, is the requirement of testing local resident market through advertisement is to be fulfilled? Is there any requirement of income to be satisfied as per the Code of Practice for such an extension of minister of religion visa under Tier 2? Looking forward to hear from you. Your previous advice was very helpful.

[manci]

RLMT is not required for extension applications (see para 204 in the T2 policy guidance)

Also read para 111 onwards in the guidance

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[manci]

see above