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Need Help on ILR or Tier 1 Extension

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tkk2011
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Posts: 11
Joined: Tue Dec 06, 2011 8:47 am
Location: London
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Need Help on ILR or Tier 1 Extension

Post by tkk2011 » Wed Apr 18, 2012 10:41 am

Hello Forum Members,

I need some advice as I have got lot of grey areas which is kind of creating doubts as to what is the best approach forward.

Following are the grey areas, please advise:

a) Business Trips: I have about 223 Days of Business Trips since Aug 2011(I am due for ILR in Aug/ Sept 2012). None of the absences have been over 90 days (In fact all of them are below 20 days (Except for one of 48 days). I have about 50 Days of Leave (In Last 5 Years) on account of personal trips to home country. I am Director for a Limited Company and doing mostly contract work. Can the forum member advice what documentation should i take with me for explaining that these are purely business trips (Contract Document, Letter from Client/ Agent, A Letter explaining myself (As Director) Why I had to make this trip?

b) Falling Short of 8 Days: I have got my first Work Permit Visa as 10 Sept 2007. I entered the country on 16 Sept 2007. In between, I switched to Tier 1 Visa, which is now valid upto 02 Sept 2012. Am I allowed to apply straight for ILR as normally Home OFfice advices that ILR Application should be made 28 Days before the current Leave to Remain Expires? (I am falling short of only 8 Days to complete the 5 Year Duration)

c) PEO Appointment: Can I take a PEO Appointment for ILR (Which is going to cost approx. 3500 GBP) in last week of August ( 27 Aug 2012 to 31 Aug 2012). In case case worker says that he cannot grant ILR because of 8 Days Short, Can I present my Tier 1 Extension Application there and then and ask them to process Tier 1 Extension instead of ILR. Will they refund the fees for ILR and take a new fee for Tier 1 Extension?

d) Senior Case Worker: During PEO Appointment for ILR, if the case worker doesnt give me an option and straight way refers my case to Senior Case Worker - What Should I Do? As by the time PEO Office decides upon application (Which I beleive they donot have any SLA for the same) Should I withdraw my application and Make a Postal Application for Tier 1 Extension (Assuming that They dont allow Tier 1 Extension on the same appointment). Will they refund the fees in such a scenario upon I withrawing application for ILR as they cannot give me a decision on the day.

Best Regards
Tushar Kansara

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: Need Help on ILR or Tier 1 Extension

Post by selva » Wed Apr 18, 2012 11:18 am

tkk2011 wrote:Hello Forum Members,

I need some advice as I have got lot of grey areas which is kind of creating doubts as to what is the best approach forward.

Following are the grey areas, please advise:

a) Business Trips: I have about 223 Days of Business Trips since Aug 2011(I am due for ILR in Aug/ Sept 2012). None of the absences have been over 90 days (In fact all of them are below 20 days (Except for one of 48 days). I have about 50 Days of Leave (In Last 5 Years) on account of personal trips to home country. I am Director for a Limited Company and doing mostly contract work. Can the forum member advice what documentation should i take with me for explaining that these are purely business trips (Contract Document, Letter from Client/ Agent, A Letter explaining myself (As Director) Why I had to make this trip?

b) Falling Short of 8 Days: I have got my first Work Permit Visa as 10 Sept 2007. I entered the country on 16 Sept 2007. In between, I switched to Tier 1 Visa, which is now valid upto 02 Sept 2012. Am I allowed to apply straight for ILR as normally Home OFfice advices that ILR Application should be made 28 Days before the current Leave to Remain Expires? (I am falling short of only 8 Days to complete the 5 Year Duration)

c) PEO Appointment: Can I take a PEO Appointment for ILR (Which is going to cost approx. 3500 GBP) in last week of August ( 27 Aug 2012 to 31 Aug 2012). In case case worker says that he cannot grant ILR because of 8 Days Short, Can I present my Tier 1 Extension Application there and then and ask them to process Tier 1 Extension instead of ILR. Will they refund the fees for ILR and take a new fee for Tier 1 Extension?

d) Senior Case Worker: During PEO Appointment for ILR, if the case worker doesnt give me an option and straight way refers my case to Senior Case Worker - What Should I Do? As by the time PEO Office decides upon application (Which I beleive they donot have any SLA for the same) Should I withdraw my application and Make a Postal Application for Tier 1 Extension (Assuming that They dont allow Tier 1 Extension on the same appointment). Will they refund the fees in such a scenario upon I withrawing application for ILR as they cannot give me a decision on the day.

Best Regards
Tushar Kansara
Hi, I think, I am able to answer your 2nd and 3rd questions

8 days short is not an issue(I had same issue 3 days short, but UKBA said it is not an issue when I phoned them)

you can book appointment from 5th anniversary - 28 days (10 Sep 2012 - 28 days)

tkk2011
Newly Registered
Posts: 11
Joined: Tue Dec 06, 2011 8:47 am
Location: London
Contact:

Need Help on ILR or Tier 1 Extension

Post by tkk2011 » Fri Apr 20, 2012 10:49 am

Hello Selva,

Many Thanks for your reply.

Do you reckon that any shortfall of upto 28 Days, Homeoffice would allow to apply for ILR.

Could you explain your case in little bit more details. (If it is Okay with you).

Best Regards
Tushar Kansara

tkk2011
Newly Registered
Posts: 11
Joined: Tue Dec 06, 2011 8:47 am
Location: London
Contact:

Need Help on ILR or Tier 1 Extension

Post by tkk2011 » Fri Apr 20, 2012 10:51 am

Hello Forum Members,

Please advice on query C & D (Above). If Forum members have visited the PEO Office and they have encountered similar situation, did PEO Case Worker allow the same appointment to be converted into Tier 1 Extension Appointment. And How were the Fees aspect dealt with?

Best Regards
Tushar Kansara

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