Tier 1 to ILR a Tricky Question

[Aqeel]

Hi,

I've got a very simple yet a tricky question, since i couldn't find the answer on this forum.

I'm on Tier 1 general (HSMP initially and then 3 years extension) I will be completing my five years on 13th June 2013 in the UK, however, my visa is running out in March 2014 due to first extension was granted on appeal and it took one year to come through.

I know you can apply 28 days before completion of 5 years but can I apply after one month of completing the 5 years because thats how I'm meeting the 12 months salary threshold.

This forum has always been a great help and I'm sure it will be again

Thanks

[cs95tdg]

I know you can apply 28 days before completion of 5 years but can I apply after one month of completing the 5 years because thats how I'm meeting the 12 months salary threshold.

Yes, you can so long as you have valid LTR at the time you make your ILR application (which I understand you will as your current LTR expires in March 2014).

[Aqeel]

I know you can apply 28 days before completion of 5 years but can I apply after one month of completing the 5 years because thats how I'm meeting the 12 months salary threshold.

Yes, you can so long as you have valid LTR at the time you make your ILR application (which I understand you will as your current LTR expires in March 2014).

that was some quick response guru, now one more question there is a gap between the initial visa and extension vignette will that be an issue when applying at PEO Sheffield?

Thanks once again

[cs95tdg]

What was the reason for the gap? And how long was it?

So long as the gap was not as a result of a out-of-time application by you, then it will have no bearing on your lawful residence in the UK. I.e. if it was due to a delay in UKBA visa processing times then you have nothing to worry about.

[Aqeel]

What was the reason for the gap? And how long was it?

The reason for gap was getting extension on appeal, let me rephrase my question for betting understanding, my initial hsmp was running out in May 2010 I applied in April for extension which was refused and then allowed in appeal and extension was stamped from March 2011 to March 2014, so what about that gap between May 2010 to March 2011 there is no stamp on the passport but i was working and present in the UK as i was legally allowed to.

Thanks in Advance guru

[cs95tdg]

Not an issue, as you would have been covered by S3C during your appeal, because the initial extension application was submitted in-time. I presume you submitted your appeal in-time according to the time period stipulated in your original refusal letter?

[Aqeel]

I presume you submitted your appeal in-time according to the time period stipulated in your original refusal letter?

Yes I certainly did, but now im meeting the salary threshold after a month of 5 years completion, so you think it shouldnt be an issue applying at PEO is it a straightforward case you reckon? since I've been working for the same employer for 5 years and will have 12 months salary slips and p60 in July this year? I read many people are confused that which case is straight forward and which is not and let down at PEOs so was bit concerned.

Thanks Guru

[cs95tdg]

From what you have mentioned in this topic you haven't broken your lawful residence requirement. So IMO you have no issues on that count. Just make sure you have your appeal related documents handy, to provide/explain in the event a question arises when you apply for ILR.

You will need to take a look to see whether you meet all other ILR requirements including absence thresholds and your PBS score as you will be applying as a Tier 1 General Migrant.

I can't comment on what I don't know, but from what you have mentioned so far, I don't see anything to suggest that your case is complex. But it won't fit the category of the most straight-forward cases, due to your appeal. Whether or not you want to apply by post or PEO, is a decision you will need to make based on your individual needs.

You may want to prepare by reading the SET(O) form, guidance and immigration rules for Tier 1 General applicants. Additionally the following sticky will also be useful: http://www.immigrationboards.com/viewtopic.php?t=79378

[Aqeel]

You will need to take a look to see whether you meet all other ILR requirements including absence thresholds and your PBS score as you will be applying as a Tier 1 General Migrant.

http://www.immigrationboards.com/viewtopic.php?t=79378

yeah I've never been absent from the country for more than 35 days in total in last five years, and I meet all other requirements of PBS as tier 1 general migrant, and the reason i was refused due to non submission of a simple document.

so in your opinion getting extension on appeal makes it a complex case? and i should apply by post or else i will lose my hard earned money and will still get response after 4-6 months?

Thanks

[kiranchinnu]

You will need to take a look to see whether you meet all other ILR requirements including absence thresholds and your PBS score as you will be applying as a Tier 1 General Migrant.

http://www.immigrationboards.com/viewtopic.php?t=79378

yeah I've never been absent from the country for more than 35 days in total in last five years, and I meet all other requirements of PBS as tier 1 general migrant, and the reason i was refused due to non submission of a simple document.

so in your opinion getting extension on appeal makes it a complex case? and i should apply by post or else i will lose my hard earned money and will still get response after 4-6 months?

Thanks

Can you pls explain : refused due to non submission of a simple document.

[cs95tdg]

so in your opinion getting extension on appeal makes it a complex case? and i should apply by post or else i will lose my hard earned money and will still get response after 4-6 months?

Thats not what I said in my previous response below. My personal opinion is that your application is one that sits in between straight-forward and complex. The reason being, the case worker who looks at it will need to look at additional records on your appeal, and verify that you maintained lawful residence etc... But I obviously cannot comment on whether thats something a case worker would/could do within a relatively short time, if you go for a PEO appointment. It's not the complexity of the case, but rather the length of time it would take to look at your background that makes me think so. So hence, the reason I suggested, depending on your inidivdual circumstances you should decide how you'd like to apply.

from what you have mentioned so far, I don't see anything to suggest that your case is complex. But it won't fit the category of the most straight-forward cases, due to your appeal. Whether or not you want to apply by post or PEO, is a decision you will need to make based on your individual needs.

[Aqeel]

so in your opinion getting extension on appeal makes it a complex case? and i should apply by post or else i will lose my hard earned money and will still get response after 4-6 months?

Thats not what I said in my previous response below. My personal opinion is that your application is one that sits in between straight-forward and complex. The reason being, the case worker who looks at it will need to look at additional records on your appeal, and verify that you maintained lawful residence etc

[/quote]

Thanks guru, yeah I know what you mean, I've got everything in file, so if asked I'm well prepared to reply.

[Aqeel]

Can you pls explain : refused due to non submission of a simple document.[/color]

Registeration letter from HMRC as self employed since I had two sources of income at the time of my extension. though I submitted proof of my NI contributions as self employed but case worker still wanted the letter hence refused my application, by the way im now salaried professional and meet the salary threshold and can provide them with 12 months bank statement, salary slips, p60 etc


Thanks,
Aqeel