Tier 1 General Ext only until 2014

alxale · Post by **alxale** » Thu Sep 12, 2013 9:30 am

Hi guys,

See this
http://icinspector.independent.gov.uk/w ... ations.pdf

It is for T1 Ent and Investor but there is a table in it which mentions that Tier 1 Geneal Extension will only be allowed until 2014

Tier 1 General For highly skilled workers. This category was closed in April
2011. However, extensions under this category are allowed up
until 2014.

Now, I wonder what will happen then to those who has a shortage of days and needs an extension for ILR after the visa category is completely closed ?

Alex

abhisheks9 · Post by **abhisheks9** » Thu Sep 12, 2013 10:04 am

scary

params0073 · Post by **params0073** » Thu Sep 12, 2013 11:08 am

I think this was expected from them they can't really allow tier 1 go for indefinite extensions as it would be overhead on home office. So I think according to HO all the tier 1 should have got their ILR till 2014 or need the last extension in 2014 to be eligible for ILR.

So they want people to apply for either ILR or leave the county. Just wait for more guidance from Home office.

AUHS · Post by **AUHS** » Thu Sep 12, 2013 12:37 pm

It was closed in April 2011.Most of the people who applied even on the last date got their visa by the end of 2011.

I think UKBA is thinking to close the extensions after guessing in this way.Most of the people will be ok but problem for those who will need second extensions.

Go12 · Post by **Go12** » Thu Sep 12, 2013 1:45 pm

Omg,
But which month of 2014?
This is really scary and uncertain,where will the other applicants go
Who are lagging by few months for ILR....

dandm · Post by **dandm** » Thu Sep 12, 2013 1:54 pm

Very worrying. We entered nine months after the start of our visa (August 2011). We did our first extension last year and it runs until Nov 2015. Need a second extension to cover the gap to ILR.

I was always worried they would do this.

sts96508 · Post by **sts96508** » Thu Sep 12, 2013 2:05 pm

dandm wrote:Very worrying. We entered nine months after the start of our visa (August 2011). We did our first extension last year and it runs until Nov 2015. Need a second extension to cover the gap to ILR.

I was always worried they would do this.

You should get 3 years on your extension, so you should be fine if you extend in 2014.

dandm · Post by **dandm** » Thu Sep 12, 2013 2:14 pm

sts96508 wrote:
dandm wrote:Very worrying. We entered nine months after the start of our visa (August 2011). We did our first extension last year and it runs until Nov 2015. Need a second extension to cover the gap to ILR.

I was always worried they would do this.
You should get 3 years on your extension, so you should be fine if you extend in 2014.

That was what I was wondering. We just need to get to August 2016, but I thought second extensions were 2 rather than 3 years? So far we've had 2 years (initial) + 3 years (first extension).

I am presuming (guessing really) that they will close extensions in April 2014. This info is not given, the document simply states they will close in 2014. I'm sure they are keen to avoid an avalanche of extensions so this info is being kept under their hats for now. Perhaps it was not meant to get out at all which is why it is mentioned in an audit document.

Go12 · Post by **Go12** » Thu Sep 12, 2013 2:16 pm

I need second extension in aug 2014,since I have visa valid
Till oct 2015.how can they just suddenly stop in April 2014.this is horrible.
For ILR I have shortfall of 150 days for ILR:(

Moderators please shed some light on this issue.

sts96508 · Post by **sts96508** » Thu Sep 12, 2013 2:31 pm

dandm,

Extensions after April-2010 are for three years.

http://immigrationboards.com/viewtopic.php?t=143477

Some case workers have misinterpreted Section 245CB discussed in the above thread to grant 2 years extension, but they are in the minority.

Anybody granted 2 years' extension should contact UK BA for correction.

dandm · Post by **dandm** » Thu Sep 12, 2013 2:57 pm

sts96508 wrote:dandm,

Extensions after April-2010 are for three years.

http://immigrationboards.com/viewtopic.php?t=143477

Some case workers have misinterpreted Section 245CB discussed in the above thread to grant 2 years extension, but they are in the minority.

Anybody granted 2 years' extension should contact UK BA for correction.

That's contrary to what our immigration solicitor just told us, unfortunately.

params0073 · Post by **params0073** » Thu Sep 12, 2013 3:08 pm

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CB. Period and conditions of grant
(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

(b) in all other cases, leave to remain will be granted for a period of 3 years.

So if your last extension is done after 6 April 2010 you will get 3 years extension.

Param

dandm · Post by **dandm** » Thu Sep 12, 2013 3:24 pm

Hmm. Our advisor's view was that in his experience second extensions are always 2 years. But there are clearly people on this forum who have got 3 year second extensions, so it's confusing.

Whatever, this appears to be a concerning development.

abhisheks9 · Post by **abhisheks9** » Thu Sep 12, 2013 4:06 pm

dandm wrote:Hmm. Our advisor's view was that in his experience second extensions are always 2 years. But there are clearly people on this forum who have got 3 year second extensions, so it's confusing.

Whatever, this appears to be a concerning development.

It should no longer be confusing topic, as params0073 already highlighted that everyone now is eligible for 3 years extension.
i have also posted reasoning behind 3 yrs extension in following thread
http://www.immigrationboards.com/viewto ... 178#906178

Go12 · Post by **Go12** » Thu Sep 12, 2013 4:20 pm

But the point is how about for people who need 2nd extension after aug 2014.
It's not clear till which month are extensions allowed!!!
This more scary....
I got a valid visa from 6th oct 2010,entered uk on oct12th 2010,but had to leave on November 12th 2010.I again entered on april9th 2011 and i am present in uk till date.we got our extension and valid visa till oct2015.Can i apply for ILR in 2015?please advice.we are really worried about this issue.
Thanks again

dandm · Post by **dandm** » Thu Sep 12, 2013 4:33 pm

abhisheks9 wrote:
dandm wrote:Hmm. Our advisor's view was that in his experience second extensions are always 2 years. But there are clearly people on this forum who have got 3 year second extensions, so it's confusing.

Whatever, this appears to be a concerning development.
It should no longer be confusing topic, as params0073 already highlighted that everyone now is eligible for 3 years extension.
i have also posted reasoning behind 3 yrs extension in following thread
http://www.immigrationboards.com/viewto ... 178#906178

Well we have just called the UKBA and they say that they alternate for extensions. So if you got 2 + 3 then you would get + 2 and + 3 for your next two extensions. For us this means that our extension would be 2 years and we would fall short of ILR.

Having called our solicitor he says to take the document the OP links here seriously. Suspicion is it may have been decided internally to close applications next year (probably in April) but it has yet to be properly announced. We will see. He advises HSMP style litigation if this does turn out to be the case.

sts96508 · Post by **sts96508** » Thu Sep 12, 2013 4:43 pm

Yes, it sure looks like an accidental 'leak' of a decision already taken but not yet announced. That said - because it has not been announced it is not official yet and may change.

This alternate extension story has muddied the water even more. Nothing written supports this advice. From personal experience, UKBA helpline staff cannot be trusted to give out correct advise 100% of the time.

ouflak1 · Post by **ouflak1** » Thu Sep 12, 2013 4:46 pm

dandm wrote:He advises HSMP style litigation if this does turn out to be the case.

Unless you have a massive military to back you up, I don't know how you can force a nation to have foreign people stay in it against its will. The United Kingdom is a sovereign nation. Outside of losing that sovereignty, can they really be compelled to leave a visa category open even if they don't want to?

dandm · Post by **dandm** » Thu Sep 12, 2013 4:55 pm

ouflak1 wrote:
dandm wrote:He advises HSMP style litigation if this does turn out to be the case.
Unless you have a massive military to back you up, I don't know how you can force a nation to have foreign people stay in it against its will. The United Kingdom is a sovereign nation. Outside of losing that sovereignty, can they really be compelled to leave a visa category open even if they don't want to?

It's not a matter of expecting them to keep it open indefinitely, just to give some leeway to those who received some of the last batch of visas (ours was granted in Nov 2010) that did not travel instantly. In our case we wanted work lined up in advance, and that took some time. We are only talking about a second extension here, something many Tier 1 holders have enjoyed.

Go12 · Post by **Go12** » Thu Sep 12, 2013 5:00 pm

I agree with dandm
When all others can get 2nd extension in
Till 2013,why are we exempted?
This is not fair.we too have paid the same visa fees
Or even higher.

ouflak1 · Post by **ouflak1** » Thu Sep 12, 2013 5:04 pm

dandm wrote:
ouflak1 wrote:
dandm wrote:He advises HSMP style litigation if this does turn out to be the case.
Unless you have a massive military to back you up, I don't know how you can force a nation to have foreign people stay in it against its will. The United Kingdom is a sovereign nation. Outside of losing that sovereignty, can they really be compelled to leave a visa category open even if they don't want to?
It's not a matter of expecting them to keep it open indefinitely, just to give some leeway to those who received some of the last batch of visas (ours was granted in Nov 2010) that did not travel instantly. In our case we wanted work lined up in advance, and that took some time. We are only talking about a second extension here, something many Tier 1 holders have enjoyed.

That's perfectly reasonable. But I guess what I'm saying is, what if the UK government says April 6th, 2014 and not one day longer? You and others present your reasonable argument and they still says April 6th, 2014 and not one day longer. So you go the litigation route. My question then is what argument can you present that would convince a UK judge that his own nation can't decide what foreigners can stay in and on what conditions those foreigners can stay in, however that nation sees fit? I could see the UKBA having some special transitional allowances for certain circumstances, but I can't see anyway to force the UK to do anything, short of winning a war against them. I just don't see how litigation will be plausible.

dandm · Post by **dandm** » Thu Sep 12, 2013 6:24 pm

Well there is precedent for it. People who put down roots and have them taken away arbitrarily tend to have success with the courts.

The point is this could be avoided by them implementing clear transitional procedures so as to not disadvantage some Tier 1 holders over others purely through accident of their initial visa date.

sagareva · Post by **sagareva** » Thu Sep 12, 2013 6:40 pm

sts96508 wrote:
dandm wrote:Very worrying. We entered nine months after the start of our visa (August 2011). We did our first extension last year and it runs until Nov 2015. Need a second extension to cover the gap to ILR.

I was always worried they would do this.
You should get 3 years on your extension, so you should be fine if you extend in 2014.

he should be fine even if he extends in August 2014 for 2 years, actually ))

sagareva · Post by **sagareva** » Thu Sep 12, 2013 6:41 pm

ouflak1 wrote:
dandm wrote:
ouflak1 wrote:
dandm wrote:He advises HSMP style litigation if this does turn out to be the case.
Unless you have a massive military to back you up, I don't know how you can force a nation to have foreign people stay in it against its will. The United Kingdom is a sovereign nation. Outside of losing that sovereignty, can they really be compelled to leave a visa category open even if they don't want to?
It's not a matter of expecting them to keep it open indefinitely, just to give some leeway to those who received some of the last batch of visas (ours was granted in Nov 2010) that did not travel instantly. In our case we wanted work lined up in advance, and that took some time. We are only talking about a second extension here, something many Tier 1 holders have enjoyed.
That's perfectly reasonable. But I guess what I'm saying is, what if the UK government says April 6th, 2014 and not one day longer? You and others present your reasonable argument and they still says April 6th, 2014 and not one day longer. So you go the litigation route. My question then is what argument can you present that would convince a UK judge that his own nation can't decide what foreigners can stay in and on what conditions those foreigners can stay in, however that nation sees fit? I could see the UKBA having some special transitional allowances for certain circumstances, but I can't see anyway to force the UK to do anything, short of winning a war against them. I just don't see how litigation will be plausible.

wait, where does it say April 6th?

dandm · Post by **dandm** » Thu Sep 12, 2013 6:50 pm

sagareva wrote:
sts96508 wrote:
dandm wrote:Very worrying. We entered nine months after the start of our visa (August 2011). We did our first extension last year and it runs until Nov 2015. Need a second extension to cover the gap to ILR.

I was always worried they would do this.
You should get 3 years on your extension, so you should be fine if you extend in 2014.
he should be fine even if he extends in August 2014 for 2 years, actually ))

That depends on when exactly in 2014 they are stopping extensions. April would be most consistent with past practice and links back to the route being closed in Aprl 2011.

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Tier 1 General Ext only until 2014

Tier 1 General Ext only until 2015