Entry to UK after effective date

habx · Post by **habx** » Mon Apr 06, 2009 8:20 am

Whats the latest I can enter the UK on a Tier1 Entry Clearance AFTER the effective date without jeopardising my ILR or FLR application in the future?

Can I enter 2 years after the effective date and get two FLR extensions (2years each)? Afetr my entry, I'll work and earn the points in one year required for the FLR. Eventually, I'll have 5 years for the ILR application.

Can this be done? Any advice? The only reason for such an alternative is the bad job market in the UK at the moment.

maheshnair · Post by **maheshnair** » Mon Apr 06, 2009 8:31 am

habx wrote:Whats the latest I can enter the UK on a Tier1 Entry Clearance AFTER the effective date without jeopardising my ILR or FLR application in the future?

Can I enter 2 years after the effective date and get two FLR extensions (2years each)? Afetr my entry, I'll work and earn the points in one year required for the FLR. Eventually, I'll have 5 years for the ILR application.

Can this be done? Any advice? The only reason for such an alternative is the bad job market in the UK at the moment.

Not possible .

If absent for 3 months , ILR counter = 0

habx · Post by **habx** » Mon Apr 06, 2009 8:39 am

Yeah the 3 months rule is for every year after I enter the UK and my Entry Clearance-Leave to Enter is activated?

In my case, I'm activating my Entry Clearance-Leave to Enter after 2 years. It'll be my first trip to the UK using the Entry Clearance.

suds19 · Post by **suds19** » Mon Apr 06, 2009 8:55 am

habx wrote:Yeah the 3 months rule is for every year after I enter the UK and my Entry Clearance-Leave to Enter is activated?

In my case, I'm activating my Entry Clearance-Leave to Enter after 2 years. It'll be my first trip to the UK using the Entry Clearance.

Yes, it should work.

habx · Post by **habx** » Mon Apr 06, 2009 9:24 am

Thanks for your comments Suds19. Do you know of any case which has been worked like this or is it from personal experience?

Suds19, don't get me wrong but I would appreciate if you could provide me with links from the UKBA website or extracts from the Immigration Law. I tried looking at those places and I couldn't find anything.

Any OISC registered solicitors here who can help out??

maheshnair · Post by **maheshnair** » Mon Apr 06, 2009 10:18 am

suds19 wrote:
habx wrote:Yeah the 3 months rule is for every year after I enter the UK and my Entry Clearance-Leave to Enter is activated?

In my case, I'm activating my Entry Clearance-Leave to Enter after 2 years. It'll be my first trip to the UK using the Entry Clearance.
Yes, it should work.

Yes, it should work.[/quote]

Are you guys sure of what you guys are saying or doing ....

As per your mail and my understanding i can make out that you just keep extending without being in UK for 2 years and come in the 4 th year and apply ILR ...

Who will extend your visa if you are not in UK fist of all and if have never in UK , first of all how do u extend ?

habx · Post by **habx** » Mon Apr 06, 2009 10:58 am

No maheshnair. You have got me wrong.

I'll give you an example. They are all assumptions, but this the situation I'm trying to get advice on.

PART-1
Effective date of Entry Clearance: 01-Jul-2009
Valid upto: 01-Jul-2012

PART-2
Entry to UK: 01-Jan-2011 (After 18 months)
Time to look for job while in UK: 3 months (Jan/Feb/Mar)
Job start: 01-Apr-2011

PART-3
Work in UK and claim earnings points: 01-Apr-2011 to 01-Jun-2012
Time resident and working in UK for ILR: 13 months
Application for first FLR: 01-Jun-2012 (1 month before expiry of
01-Jul-2012)
FLR Valid upto: 01-Jun-2014

PART-4
Work in UK and claim earnings points: 01-May-2012 to 01-May-2014
Time resident and working in UK for ILR: 24 months
Apply for second FLR: 01-May-2014 (1 month before FLR expiry of)
FLR valid upto: 01-May-2016

Part-5
Work in UK and claim earnings points: 01-Apr-2014 to 01-Apr-2016
Time resident and working in UK for ILR: 24 months
Apply for ILR: 01-Apr-2016 (1 month before expiry of second FLR)

Total time resident and working in UK: 61 months.

After the initial entry to the UK, at no point of time will a person be outside the UK for more than the allowed 90 days per year.

What's your advice on this scenario? As mentioned earlier, the only reason for considering such a scenario is the devastated UK financial sector, recession and no jobs.

Waiting to hear advice from the OISC guys??

bruceb · Post by **bruceb** » Mon Apr 06, 2009 11:15 am

correct me if wrong, can you apply for FLR twice?
i'm a tier1 visa holder, i'm not eligible with the new format.
But with the old format am I eligible for 3+2yr ext(flr)+2yrs ext (flr)
and can I apply for ILR?
Sorry if I sound very ill-informed here. I would like to clarify with you on this

habx · Post by **habx** » Mon Apr 06, 2009 11:19 am

From info that I have gathered from discussions on another forum, it seems that you can apply for FLR twice. But we need some concrete opinion on this from a OISC registered member or someone one who been through it or someone who has read up the Immigration Law.

ashishashah · Post by **ashishashah** » Mon Apr 06, 2009 11:24 am

You can apply for FLR n no. of times...Its not documented any where,but i know my friends who have done it...
Initially HSMP was given only for 2 years ,and then ILr was moved to 5 years,so my friends had to apply for FLr twice

habx · Post by **habx** » Mon Apr 06, 2009 12:41 pm

Thanks ashishashah. Well I know you could do it before because HSMP was initially valid only for 2 years.

Now, the new Tier-1 Entry Clearance is valid initially for 3 years and each FLR for 2 years.

ashishashah · Post by **ashishashah** » Mon Apr 06, 2009 12:53 pm

Well, looks like that ILR would be given after 7 years (not 5 years as it stands today).So every one has to apply for FLR at least twice to reach 7 years..So yes, you can extend you visa n no. of times till you reach ILR

habx · Post by **habx** » Mon Apr 06, 2009 12:56 pm

No I guess you don't have to wait to complete the entire validity period of the last FLR.

The moment you are eligible for ILR, you can apply. Then the ILR will supersed the existing FLR.

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Entry to UK after effective date

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