Jump to content




Photo
- - - - -

Tier 1 Extention - Dilema

Tier 1 General Maintenance IL Tier 1 General

  • Please log in to reply
30 replies to this topic

#1 watsa

watsa

    Senior Member

  • Active Members
  • 214 posts
  • uk

Posted 21 November 2012 - 12:50 PM

Hi guys,

I find myself in a tricky situation and looking for some help and advice on my particular case.

I got my initial Tier 1 (G) visa starting from the 15th of Feb 2010 (swtiched from PSW which was due to expire on the 30th of March 2010)

The Tier 1 (G) expires on the 15th of Feb 2013 and I am perfectly eligble for extention barring one problem.
I only started to hv £900 from the 19th of Nov 2012 leavign me few days short even if I apply on the 15th Feb 2013 which is the last day my visa is valid till

But I would like to leave the country in Jan 2013 and come back .

1 . is it likely to cause any problem if I return to UK on -lets say 14th Feb 2013 to extend my Tier (G)
(I suspect I will hv some problems at the airport)

2. also from 15th Feb 2010 to till I have only been away from the country for 33 days.so when would I hv satisfied the 5 years needed for ILR ?

3. How do I get around my maintenance issue which is 4 days short. (I hv good income and been employed throughout my visa - no problms there)

and given all these dates and my situation can you advice me on what is best course of action I can take and options available to me ?

Thanks fo reading and kindly expect some advice and guidance.



#2 ineedresidence

ineedresidence

    New Member

  • Members
  • 18 posts
  • Location:London
  • england

Posted 21 November 2012 - 01:15 PM

You will not have a problem on your return to the UK in Jan 2013 eventhough you haven't maintained funds for the 90 days. But you will certainly have problem for your visa extension as fund maintainence of £900 for 90 days is a must. Considering the current immigration situation i don't think they will be flexible to consider the 4 days short in your case. I think you can't even appeal as this option is ruled out. If you visa is extended, you will not have a problem for ILR for 33 days out of country. speak to immigration consultants and solicitors.. hope this is helpful..

#3 watsa

watsa

    Senior Member

  • Active Members
  • 214 posts
  • uk

Posted 21 November 2012 - 04:28 PM

thx ineedresidence for the reply.

I also hv the option to switch to Tier 2 as my employer is a trusted sponsor and will be more than happy to do so - but I dont like to waste the Tier 1 extention opportunity as I can use Tier 2 to make up for any absence to complete 5 yrs.

1.is maintenance requirements a must for Tier 2 as well ?

2.how do they calculate 5 yrs for ILR when people go out of the country once they hv been given visa when they were inside UK.

much appreciate any replies

#4 ineedresidence

ineedresidence

    New Member

  • Members
  • 18 posts
  • Location:London
  • england

Posted 21 November 2012 - 04:56 PM

I don't know about Tier 2.. for ILR UKBA calculate date of entry & exit in the 5 years period.. if you are travelling officially, make sure you get a letter from employer, so UKBA will waive off the days you were out of UK on a official trip...

#5 watsa

watsa

    Senior Member

  • Active Members
  • 214 posts
  • uk

Posted 22 November 2012 - 10:38 AM

I don't know about Tier 2.. for ILR UKBA calculate date of entry & exit in the 5 years period.. if you are travelling officially, make sure you get a letter from employer, so UKBA will waive off the days you were out of UK on a official trip...


Given my Tier 1 (G) visa expires on the 15th Feb 2013 - what is the latest date I can come to UK without encountering problems ?

I would like to know any one who has had issues when coming to the UK with only few days left in their VISA - using common sense I would imagine
there should not be a legal grounds to deny entry even if I arrive on the 14th Feb 2012 ?

#6 watsa

watsa

    Senior Member

  • Active Members
  • 214 posts
  • uk

Posted 22 November 2012 - 11:10 AM

Hi,

I am in bit of a trouble with maintenace for my Tier 1 (G) extension which is valid till 15th Feb 2013.

I hv started maintainign funds from 19th Nov 2012

so calculating the calandar days

19/11/2012 - 30/11/2012 = 12 days
1/12/2012 - 31/12/2012 = 31 days
1/1/2013 - 31/1/2012 = 31 days
1/2/2013 - 15/02/2013 = 15 days

Total = 89 days

so given I apply on the 15th Feb 2013 - I will be short of one day

how likely that my extention is refused based on previous experriences the forum members know of ?

and is there anything I can do to get around this.


Thanks

#7 ineedresidence

ineedresidence

    New Member

  • Members
  • 18 posts
  • Location:London
  • england

Posted 22 November 2012 - 05:05 PM

i have heard from few people that visa got rejected in these kind of cases with 1 or 2 days of shortfall.. i think you can also apply visa upto 28 days after your visa expiration date.. check if you can apply a day or two after 15-Feb to get 90 days duration.. this is risky and bit complicated, please check the immigration rules and speak to visa consultants.. read the below policy guidance page 1...

http://www.ukba.home...al-guidance.pdf

#8 ineedresidence

ineedresidence

    New Member

  • Members
  • 18 posts
  • Location:London
  • england

Posted 22 November 2012 - 05:08 PM

if you are applying for a visa extension, your passport will be held by UKBA anyway.. so you can't travel...legally you have rights to enter and exit UK until the visa validity.. you may be asked a question during port of entry, but you can explain.. hope this helps

#9 SkillClear

SkillClear

    SkillClear Work Permit, Tier 1 HSMP and UK Immigration Services

  • UK Immigration Consultants
  • 5,747 posts
  • Gender:Male
  • Location:Sevenoaks, Kent
  • uk

Posted 22 November 2012 - 05:10 PM

I would be tempted to submit late with a strong case - if you give them the opportunity to refuse on not meeting the criteria then there is a probability that they will do so.

#10 SkillClear

SkillClear

    SkillClear Work Permit, Tier 1 HSMP and UK Immigration Services

  • UK Immigration Consultants
  • 5,747 posts
  • Gender:Male
  • Location:Sevenoaks, Kent
  • uk

Posted 22 November 2012 - 05:15 PM

Maintenance is a requirement for Tier 2 General UNLESS this is certified by the sponsor.





Also tagged with one or more of these keywords: Tier 1 General Maintenance IL, Tier 1 General

0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users