UK IMMIGRATION NEWS

Tier 1 Visa Application problems

Monday, 29 September 2008

With the new "Tier 1 (General)" fully implemented, there is a "Hidden Risk" for those with permission to stay in the UK who are thinking of applying for an "extension" from outside the UK.

There are presently delays of around seven weeks to process the in-country Tier 1 (General) application by the UK Border and Agency.

In order to avoid this delay the person who has valid leave to remain in the UK under old HSMP, Investor or Business Visa route which is due to expire shortly are deciding to leave the UK and apply for entry clearance from British consular posts abroad.

The time process for the British Consular normally varies from 2 -3 weeks. This would help them travel without disruption to business travel. However many will not appreciate that they may be jeopardising their application for Indefinite Leave to Remain which can be made after five years continuous residence in the UK.

In order to apply for permanent residence, the applicant will first need to show that you have enough knowledge of language and life in the United Kingdom. They must have lived legally in the United Kingdom for a specified length of time before you qualify to apply for permanent residence. The time period is five years highly skilled migrant, Investor or Business.

If they leave the UK with existing leave but that leave expires before the day upon which they re-enter the UK with their new entry clearance leave, then they will be deemed to have broken their continuity of residence for Indefinite Leave to Remain purposes regardless of whether or not their new leave was granted before the old leave expired. Therefore, their leave should be continuous.

Applicants, who decide to take this short-cut, must ensure that they re-enter the UK before the expiry of their old leave if they wish to protect their ability to apply for Indefinite Leave to Remain in the UK.

If you are interested in UK Visas, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the UK.