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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Experts, I have a question regarding Tier 1 (General)

Customer Question

Hi Experts,
I have a question regarding Tier 1 (General) Migrant category visa. I applied for a visa under this category in Dec 08 and was granted this visa in March 09.

Since then I have traveled to UK various times on my Australian passport for social purposes but never for work, hence the Tier 1 visa has never been used or activated.

I am now planning to migrate permanently to the UK and find work there and activate my Tier01 visa.

1. My question is if there will be any problems with this since I have had the visa for 2 years and have not used it yet. The visa is valid till March 2012.

2. Also, I want to know if its possible for me to apply for Tier01 extension once I get to the UK even though my is valid up to March 2012?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

How many times have you traveled to the UK since the visa has been granted and how long have you spent in the UK in total?

Why did you not exercise your full rights under the visa?

Tom
Customer: replied 3 years ago.
Tom,
I would have visited UK around 3-4 times after I got the Tier1 visa. Since each visit was a social visit and since I was not going over to look for work, my Tier1 visa was not activated. Accumulated, I must have spent around 6-7 weeks in the UK during these visits.

I hold an Australian passport and thus do not require a visa to enter UK for social visits. I was not aware that there might be restrictions on Tier1 entry and thus did not activate the visa back then.

Please let me know if you need any more information.
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your reply.

 

Tier 1 visas don't need to be "activated" in my experience, they are valid from the date they are granted and stamped in your passport and remain so unless you are found in breach of the immigration rules (eg. crime).

 

Most Tier 1 visas are usually granted for two years, sometimes three. Check to ensure that it is valid for the whole three years. If this is the case then the visa will still be valid.

 

Your ability to extend your visa in country will be affected to the extent that your previous earnings for the 12 months before the date you submit your application to extend. If you still have the requisite amount of points then you should be fine. If the decrease of points takes you below the threshold then you won't be successful in extending your visa,

 

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

 

 

Customer: replied 3 years ago.
Thanks Tom.

Is there any weblink or document to substantiate this? Do you have any previous experience with anyone being in the same situation?
Expert:  Thomas replied 3 years ago.

Hi,

 

If you look at Rule 245(D) (i-iv) you can see that you visa is subject to conditions. If the conditions are breached then this invalidates your visa. I assume you have not registered with the police but if you look at Rule 326 and then Appendix 2 you will see that as Australia is not listed as one of the countries and therefore there is no requirement upon you to do this unless it was made a specific term of your visa by the immigration officer acting in your original application.

 

I have had experience with persons who have been granted Tier 1 and have not exercised it in the normal way, yes. Not quite for as long as yours, one year is the longest.

 

It is worth noting that the UKBA retains discretion in all these matters. It is a possibility that you may be stopped and asked why you have not been in the UK for that period of time, but if you can offer a reasonably explanation as to why (eg. unforeseen change of circumstances at the time which have now resolved themselves) then this would usually be accepted. It would be preferable for you to have some documentary evidence to add credibility to your explanation.


Hope this clarifies, if so please kindly click accept. I will continue to answer your follow up questions.


Kind regards,


Tom



Edited by T_Graham12 on 2/22/2011 at 10:22 AM EST
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks a lot for the answer Tom. I would appreciate if you could indicate the section or the link of the Rule which says that there is no time limit on the entry. Conversely, anything which indicates a time limit for the entry would be useful as well.

I ask because I anticipate some brutal questioning from immigration when I try to enter the UK soon.
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your kind accept.

 

There is no express provision in the rules about no time limit or a mention of a specify time limit being imposed.. They retain discretion in this regard. If it were the case that your visa is automatically curtailed after an absence from the Uk then it would be mentioned in the rules.

 

If you are very worried then you can write to them, explaining your the absence and the reasons for it and requesting they confirm in writing that your visa is still valid.


Kind regards


Tom

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