Can I apply for Tier One extension rather than ILR?

[queryquery]

Hi there,

Thanks very much to everyone on this forum - it's answered a lot of questions for me!

I have one further one I hope you can help me with. Can I apply for a Tier One extension even though I have passed the qualifying period for the ILR?

The reason I ask is that I was on a Work Permit and have now changed to a Tier One HSMP. I'm coming up for my 5 years with a combination of those two visas, but have just found out that I will likely have a problem applying for the ILR.

The reason for this is that I received a good payrise (20 percent) while I was with my Work Permit employer, and I didn't know that this wasn't allowed without permission from the government! I've just discovered that this means that my time on the Work Permit won't be valid and won't count toward the 5 years required for the ILR application.

As a result of this, I want to extend my Tier One, and thankfully I seem to be eligible according to the points system.

Should I be ok to extend this Tier One visa even if I've passed the 5 year mark required for ILR?

Many thanks for any advice you can offer.

[tbbcuk]

Really?? payrise need to get home office permission? where did you get this info from?
In my case, I had pay rise too after the first year, going to apply ILR soon.

[rnr79]

Are you sure pay rise will cause the issue? where is it mentioned? I got pay rise (15%) on WP status. and recently i got my ILR approved ................

[queryquery]

I know - I didn't think of it at all at the time! I'm gutted. But this is what the lady at the immigration advice agency said...

"Small differences in pay should not have any affect on your application for ILR, however if your salary varied greatly from the one stated on your Work Permit, this may create a risk for your application."

After a bit of web research on forums etc today, rumour has it that an acceptable increase is just in line with inflation - ie. around 5 per cent per year. That seems small but then that might be in line with the 'small differences' that the advice chick mentioned.

I hope I'm wrong about this...

Can anyone clarify this for us? Thank you!

[queryquery]

Are you sure pay rise will cause the issue? where is it mentioned? I got pay rise (15%) on WP status. and recently i got my ILR approved ................

Ok - that sounds positive! Do you mind if I ask whether that was a cumulative 15 per cent over the 5 years, or was it all in one go?

My pay rise came about a year in, all at once...

Thank you.

[Wanderer]

I know - I didn't think of it at all at the time! I'm gutted. But this is what the lady at the immigration advice agency said...

"Small differences in pay should not have any affect on your application for ILR, however if your salary varied greatly from the one stated on your Work Permit, this may create a risk for your application."

After a bit of web research on forums etc today, rumour has it that an acceptable increase is just in line with inflation - ie. around 5 per cent per year. That seems small but then that might be in line with the 'small differences' that the advice chick mentioned.

I hope I'm wrong about this...

Can anyone clarify this for us? Thank you!

Think she might have meant say getting a WP approval on salary A and the actual salary being A less 40%, which would be illegal. ie a reduction.

Increase is fine!

[queryquery]

Well that sounds good. Thank you. Right, will have to do some further investigations...

In the meantime, any thoughts on whether I would have any problem just extending my Tier One rather than applying for ILR?

Cheers.

[rnr79]

Are you sure pay rise will cause the issue? where is it mentioned? I got pay rise (15%) on WP status. and recently i got my ILR approved ................

Ok - that sounds positive! Do you mind if I ask whether that was a cumulative 15 per cent over the 5 years, or was it all in one go?

My pay rise came about a year in, all at once...

Thank you.

Well there was different percentage pay rise for other years but this one came in one year thoguh it was 10% in april and other one just over 5% in october same year

[rnr79]

Well that sounds good. Thank you. Right, will have to do some further investigations...

In the meantime, any thoughts on whether I would have any problem just extending my Tier One rather than applying for ILR?

Cheers.

I dont think you will have any issues getting Tier 1 extension if you fulfill all other terms ie points....After five years stay you are eligible for ILR that doesnt mean you must apply for ILR and not for any other category

[winber]

I reckon apply for ILR in person and don't worry about it.

To be honest, this is one of things I was vaguely worried about too. At one stage I was earning about 30% more than stated on my workpermit due to bonus, pay rises and overtime pay.

The caseworker seemed to be more interested in the letter from my employer that stated I had worked for them for 5 years and was still wanted (even though I was on Tier 1 too at the time I submitted the application for ILR).

I'm guessing that most people on Workpermit have had pay rises, and I'm also guessing that most employers didn't bother notifying the Home Office of those pay rises. Furthermore, if there is some problem relating to this, it is the employer that is responsible.

[geriatrix]

Can I apply for a Tier One extension even though I have passed the qualifying period for the ILR?

Applying for settlement is a choice and not a compulsion (at least for now).

regards

[queryquery]

I reckon apply for ILR in person and don't worry about it.

To be honest, this is one of things I was vaguely worried about too. At one stage I was earning about 30% more than stated on my workpermit due to bonus, pay rises and overtime pay.

The caseworker seemed to be more interested in the letter from my employer that stated I had worked for them for 5 years and was still wanted (even though I was on Tier 1 too at the time I submitted the application for ILR).

I'm guessing that most people on Workpermit have had pay rises, and I'm also guessing that most employers didn't bother notifying the Home Office of those pay rises. Furthermore, if there is some problem relating to this, it is the employer that is responsible.

That's great - thank you for your advice. I can definitely get a letter, so ILR might be the path for me after all...

Thank you to everyone for your comments and advice - I really appreciate it. If only this weren't all so complicated!

Cheers!