Tier 1 Extension ILR 5 year Query

[ranajagandeep]

I am on Tier 1 going for the extension on Feb 2013. My initial visa was granted on 12th mar 2010 and I arrived in UK on 27th May 2010, so I would say gap of 76 days.

1. 76 days will be counted as calendar days or will they exclude weekends out of it, I know it might sound silly !!

2. I am planning to go to my home country this year ,should I take 13 days which will be less than 90 days, so that when I go for ILR , I don’t have to apply for 2nd extension?

Kindly update.

[Manka10]

1) all days of the week are counted except date of leaving & entering the UK. CWs have discretion to write off 3 months shortfall in the qualifying 5 year ILR period
2) 90 day rule is for a single trip meaning you should not be out of UK for more than 90 days at a stretch. the total number of days you can be out in the 5 year period is 180 so you should be fine without any discretion applied to your case

[ranajagandeep]

Thanx Manka..

[QuickSam]

Sorry if I missed the party .... He clearly needs CW's discretion.

OP arrived 76 days late to UK and hence needs CW's discretion. In addition to this, if the OP applies for an extension well in advance he might fall short of the 5 yr period by more than 3 months.

In any case the CW's discretion would only allow 76 days to be written off when accounting for the 5 yr period. Any additional gap would mean that the OP needs a second extension before applying for ILR.

***Personal note: While applying for extension, apply as late as possible so that the shortfall doesn't get extended beyond 76 days. I would say, post your application 2-3 weeks before you visa expiry. In case you are going for a PEO application, book the PEO appointment as close to the expiry date as possible. (I would actually suggest, don't go via the PEO route if you don't want to extend twice before ILR)

[chandu_246]

Hi Experts,

After seeing this post, I wanted to check way forward for me to be eligible for ILR with out going to the second extension.

TIER1 Initial Grant : 1st June 2009(Visa Valid from)

UK Entered date : 29th Aug 2009(UK Entry Date)

TIER1 Expiry date : 1st June2012(Visa Expiry Date)

Holidays Till now : 2 months( 2 trips to India, 1 month each)

Till now I am under the impression that I entered UK with in 3 months.So I don't need second extension before going to ILR.I am planning to book PEO appointment in Mid may so that my Extension visa may be stamped to be valid from 2nd June2012 as there will be few days VISA validity left that time.

Am I missing any logic here? I mean will I fall short a few days for ILR,
even If my visa is extended from 2nd June2012 for another 2 years.

Please advise so that I can take the route suggested by QuickSam below.

Regards,
Chandra

Sorry if I missed the party .... He clearly needs CW's discretion.

OP arrived 76 days late to UK and hence needs CW's discretion. In addition to this, if the OP applies for an extension well in advance he might fall short of the 5 yr period by more than 3 months.

In any case the CW's discretion would only allow 76 days to be written off when accounting for the 5 yr period. Any additional gap would mean that the OP needs a second extension before applying for ILR.

***Personal note: While applying for extension, apply as late as possible so that the shortfall doesn't get extended beyond 76 days. I would say, post your application 2-3 weeks before you visa expiry. In case you are going for a PEO application, book the PEO appointment as close to the expiry date as possible. (I would actually suggest, don't go via the PEO route if you don't want to extend twice before ILR)

[ranajagandeep]

Hi Seniors,

So this means in my scenario I have to apply 1 week earlier for my first Tier 1 extension which is due Mar 2013 next year and then I have to apply less than a week for my ILR in Mar 2015, so that it should be less than 90 days and that still relies on CW's discretion.
And secondly I cannot go out of the country for Holidays till 2015.

TIER1 Initial Grant : 12th Mar 2010(Visa Valid from)

UK Entered date : 27th May 2010(UK Entry Date)

TIER1 Expiry date : 12th Mar 2013(Visa Expiry Date)

Holidays Till now : none but arrived late by 76 days but have plans to go India this year.

Please put some light on 180 days criteria.

Kindly update!

[maplaz]

Hi All

Quick question. First HSMP visa granted 1 Feb 2008. Extension application made February 2010 but initially refused. Appeal case won and then visa stamped for extension in Aug 2010 till Aug 2013.
1. Will the break on the visa stamps have any impact when i apply for ILR?
2. Is it ok if i apply for ILR in FEB 2013.

thanks

maplaz

[QuickSam]

Hi Experts,

After seeing this post, I wanted to check way forward for me to be eligible for ILR with out going to the second extension.

TIER1 Initial Grant : 1st June 2009(Visa Valid from)

UK Entered date : 29th Aug 2009(UK Entry Date)

TIER1 Expiry date : 1st June2012(Visa Expiry Date)

Holidays Till now : 2 months( 2 trips to India, 1 month each)

Till now I am under the impression that I entered UK with in 3 months.So I don't need second extension before going to ILR.I am planning to book PEO appointment in Mid may so that my Extension visa may be stamped to be valid from 2nd June2012 as there will be few days VISA validity left that time.

Am I missing any logic here? I mean will I fall short a few days for ILR,
even If my visa is extended from 2nd June2012 for another 2 years.

Please advise so that I can take the route suggested by QuickSam below.

Regards,
Chandra

Sorry if I missed the party .... He clearly needs CW's discretion.

OP arrived 76 days late to UK and hence needs CW's discretion. In addition to this, if the OP applies for an extension well in advance he might fall short of the 5 yr period by more than 3 months.

In any case the CW's discretion would only allow 76 days to be written off when accounting for the 5 yr period. Any additional gap would mean that the OP needs a second extension before applying for ILR.

***Personal note: While applying for extension, apply as late as possible so that the shortfall doesn't get extended beyond 76 days. I would say, post your application 2-3 weeks before you visa expiry. In case you are going for a PEO application, book the PEO appointment as close to the expiry date as possible. (I would actually suggest, don't go via the PEO route if you don't want to extend twice before ILR)

You should be okay as you are just bordering the 3 month threshold.

Hi Seniors,

So this means in my scenario I have to apply 1 week earlier for my first Tier 1 extension which is due Mar 2013 next year and then I have to apply less than a week for my ILR in Mar 2015, so that it should be less than 90 days and that still relies on CW's discretion.
And secondly I cannot go out of the country for Holidays till 2015.

TIER1 Initial Grant : 12th Mar 2010(Visa Valid from)

UK Entered date : 27th May 2010(UK Entry Date)

TIER1 Expiry date : 12th Mar 2013(Visa Expiry Date)

Holidays Till now : none but arrived late by 76 days but have plans to go India this year.

Please put some light on 180 days criteria.

Kindly update!

Rana....you can go on leaves, that's not restricted.... the total leaves that you take in 5 yrs cannot exceed 180 days. You should also not have a continuous leave period of 90 days.

You need to extend closer towards the expiry period to ensure that you don't get an earlier extension, the visa extension is from the date the decision is taken and not the current expiry date. It doesn't mean that you need to apply in the last week, you can apply 2-3 weeks in advance (by post) as the biometric process would take time.

Hi All

Quick question. First HSMP visa granted 1 Feb 2008. Extension application made February 2010 but initially refused. Appeal case won and then visa stamped for extension in Aug 2010 till Aug 2013.
1. Will the break on the visa stamps have any impact when i apply for ILR?
2. Is it ok if i apply for ILR in FEB 2013.

thanks

maplaz

You should be okay and you don't need second extension. You were covered by Section 3c and 3d of Immigration act during Feb 2010 to Aug 2010.

[mah]

1) all days of the week are counted except date of leaving & entering the UK. CWs have discretion to write off 3 months shortfall in the qualifying 5 year ILR period
2) 90 day rule is for a single trip meaning you should not be out of UK for more than 90 days at a stretch. the total number of days you can be out in the 5 year period is 180 so you should be fine without any discretion applied to your case

Hi Manka,
Regarding the days counted except the date leaving and entering the country:
As my visa was 14 May and my first arrival was 15 Aug can I use the CW discretion of writing off 3 months initial shortfall or do I need a second extension? How can I or anyone find in advance, before they submit application for ILR or extension?

Mah

[Manka10]

1) all days of the week are counted except date of leaving & entering the UK. CWs have discretion to write off 3 months shortfall in the qualifying 5 year ILR period
2) 90 day rule is for a single trip meaning you should not be out of UK for more than 90 days at a stretch. the total number of days you can be out in the 5 year period is 180 so you should be fine without any discretion applied to your case

Hi Manka,
Regarding the days counted except the date leaving and entering the country:
As my visa was 14 May and my first arrival was 15 Aug can I use the CW discretion of writing off 3 months initial shortfall or do I need a second extension? How can I or anyone find in advance, before they submit application for ILR or extension?

Mah

Hello mate, discretion is up to the CWs, you cannot say that you should be given ILR with discretion. CWs will take the whole picture in consideration like the total number of days you have been out plus other aspects of your case while deciding on discreetly giving ILR.

if you still havta apply for first extension then delay it as much as you can

[village]

Does the late entry into UK ie, below 3 months......includes in the 180 days or excluded.....

[QuickSam]

180 days is accounted as the leaves that you take after coming to UK.

You gotta be joking if you thought that they would include your shortfall as holidays and would count it with other leaves.

[village]

thanks sam...

[mah]

1) all days of the week are counted except date of leaving & entering the UK. CWs have discretion to write off 3 months shortfall in the qualifying 5 year ILR period
2) 90 day rule is for a single trip meaning you should not be out of UK for more than 90 days at a stretch. the total number of days you can be out in the 5 year period is 180 so you should be fine without any discretion applied to your case

Hi Manka,
Regarding the days counted except the date leaving and entering the country:
As my visa was 14 May and my first arrival was 15 Aug can I use the CW discretion of writing off 3 months initial shortfall or do I need a second extension? How can I or anyone find in advance, before they submit application for ILR or extension?

Mah

Hello mate, discretion is up to the CWs, you cannot say that you should be given ILR with discretion. CWs will take the whole picture in consideration like the total number of days you have been out plus other aspects of your case while deciding on discreetly giving ILR.

if you still havta apply for first extension then delay it as much as you can

Thanks Manka,
I applied for my first extention in Nov 2009 and my visa is valid till 14 May. But still don't know to apply for ILR directly or second extension as my first entry was 15 Aug. so the entry to the UK is 3 months and 1 or 2 days. (If they don't count the day the visa start and the day of arrival so what remains in between is 3 month. I was employed after 1 month and half and had been in full time employment till now (The same company which is very big and well known) and just been out for holidays about 45 days and business trips for about 45 days all paid salary. Do you think they will say it is definitely over 3 months and better not to take risk and apply for second extension?

[Manka10]

applying for 2nd extension just for 1 or 2 days over 3 months does sound ridiculous.

I wud suggest you talk to an immigration consultant & get their views as they may have handled such cases before

3 month discretion is up to the CW so dont take it for granted. I feel its better you go for 2nd extension to be on the safe side but speak to as many immigration experts as you can & take a calculated decision

[mah]

applying for 2nd extension just for 1 or 2 days over 3 months does sound ridiculous.

I wud suggest you talk to an immigration consultant & get their views as they may have handled such cases before

3 month discretion is up to the CW so dont take it for granted. I feel its better you go for 2nd extension to be on the safe side but speak to as many immigration experts as you can & take a calculated decision

Thanks Manka,
Any senior member and more experts with any other suggestions?
Thanks

[QuickSam]

As already said, having a shortfall and still getting an ILR is based on CW's discretionary power. If the CW feels he/she can discount the 3 month period, you get the ILR. It still doesn't guarantee that you will get the ILR.

The definitive criteria for ILR is: Complete 5 yrs with leaves less than 180 days in total and no continuous 90 day leave period.

**You cannot account for the late arrival to UK as leaves as the leaves are counted from the job start / uk arrival date, whichever is later.

[nmm]

I got visa on 5 Nov 2007 and I arrived on 24 Dec 2007 that is 49 Days Gap.

Can I rely on CW's discretionary and apply for ILR? What if CW rejects my ILR due to not qualifying the period due to late arrival, can this decision will be chalanged?

What is right way? Should I apply for extension now or wait for my current leaves expire?

My friend told me that last year Homeoffice offered free extension for people who shortfall 5 years period for less than three months due to late arrival. I tried to search on their website but can't get any information. Does anyone have information about this?

[varghesejim]

Sorry if I missed the party .... He clearly needs CW's discretion.

OP arrived 76 days late to UK and hence needs CW's discretion. In addition to this, if the OP applies for an extension well in advance he might fall short of the 5 yr period by more than 3 months.

In any case the CW's discretion would only allow 76 days to be written off when accounting for the 5 yr period. Any additional gap would mean that the OP needs a second extension before applying for ILR.

***Personal note: While applying for extension, apply as late as possible so that the shortfall doesn't get extended beyond 76 days. I would say, post your application 2-3 weeks before you visa expiry. In case you are going for a PEO application, book the PEO appointment as close to the expiry date as possible. (I would actually suggest, don't go via the PEO route if you don't want to extend twice before ILR)

CW's discretion? There is a document explicity covering delayed travel. As long as he entered within 90 days of visa start date he should be ok.


http://www.immigrationboards.com/viewto ... highlight=

I am sure I read a success story in the forum. I just cannot find the link.

[hsmp1412]

I thought the 90 days after the visa start date rule was only for T2 applicants and not T1. Am i right?

[varghesejim]

I thought the 90 days after the visa start date rule was only for T2 applicants and not T1. Am i right?

Both for tier1 and tier2

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[QuickSam]

CW's discretion? There is a document explicity covering delayed travel. As long as he entered within 90 days of visa start date he should be ok.


http://www.immigrationboards.com/viewto ... highlight=

I am sure I read a success story in the forum. I just cannot find the link.

Excerpts from the UKBA link that you posted on the other thread:

Applications that fall short of the five year continuous period

In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

Hence there is no guarantee but still the CW may allow you the ILR

[varghesejim]

CW's discretion? There is a document explicity covering delayed travel. As long as he entered within 90 days of visa start date he should be ok.


http://www.immigrationboards.com/viewto ... highlight=

I am sure I read a success story in the forum. I just cannot find the link.

Excerpts from the UKBA link that you posted on the other thread:

Applications that fall short of the five year continuous period

In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

Hence there is no guarantee but still the CW may allow you the ILR

If reaching late is your only shortcoming for ILR the case worker should allow the application. The "may" factor come into play if you have multiple shortcomings.

[nani_varaprasad]

HI,

At present am currently under Tier 1 General going to ILR in feb 2013. Can you please assist me inregards to days above 180 days for all the 5 years.

I have no problems with 3 months being away from the country but when i calculated for all the last 5 years it comes to 197 days excluding the travelling days. i visited 3 times to my home country in this 5 years time, 56 days, 86 days and 55 days every year (including weekends and excluding travelling days). i been to spend with my parents and learning courses. will this be any problem to my ILR?. i been unemployed during these days.

As i am unaware of 180 days, it happened so. can you please assist me on this. Thanks.

[QuickSam]

HI,

At present am currently under Tier 1 General going to ILR in feb 2013. Can you please assist me inregards to days above 180 days for all the 5 years.

I have no problems with 3 months being away from the country but when i calculated for all the last 5 years it comes to 197 days excluding the travelling days. i visited 3 times to my home country in this 5 years time, 56 days, 86 days and 55 days every year (including weekends and excluding travelling days). i been to spend with my parents and learning courses. will this be any problem to my ILR?. i been unemployed during these days.

As i am unaware of 180 days, it happened so. can you please assist me on this. Thanks.

The case is pretty straight fwd. You can apply for ILR claiming a period of 5 yrs in which you don't have leaves more than 180 days. I am assuming that your Tier 1 leave expires in Feb 2013 so you'd have to extend Tier 1 again.

You can apply for ILR later, claiming the most recent 5 yr period and should ensure that you don't have leaves more than 180 days in it.