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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a Specialist Anaesthetist 60 yrs old . I have a South

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I am a Specialist Anaesthetist 60 yrs old . I have a South African passport. I have been working over the last 10 years on 14 occasions for approximately one month at a time as a Consultant Locum Anaesthetist . Initially I worked on a Work permit, then a HSMP visa and lastly from August 2009 on a Tier 1 (general) Migrant visa which expires on 30/07/2012
Will I be able to obtain an extension of my visa?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.


Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Have you been in the UK – with various types of leave to remain – continuously for 10 years without any break in your chain of leave to remain?
2. When did you obtain the work permit you refer to
3. When did you obtain the HSMP visa
4. Is there a reason why you are not applying for indefinite leave to remain
Kind regards.
Tom
Customer: replied 2 years ago.

I have not been in the UK continuously over the last 10 years.

My current work permit was obtained on the 30/07/2009 and expires on 30/07/2012

the HSMP vis was obtained on 16/08/2007 and expired on 16/08/2009

I am not applying for indefinite leave to remain cause I do not believe I qualify for it.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

Why do you think you think you will not qualify for ILR?

Tom
Customer: replied 2 years ago.

I have only been working intermittently in the uk .To give you an idea between 2008 and currently I have been in the UK on 13 occasions and on each occasion was working for 3-4 weeks at a time. Between those times I have been working in South Africa. I last worked in the UK for 3 weeks from February 25 2012 to March 16 2012 and prior to that I was in the UK in July/ August 2011. According to the websites Ive visited I cannot qualify for ILR if I have been away from the UK for more than 90 days. Is that correct?

Would you like to see a photocopy of the dates on my passport that I can send to you by e mail after scanning?

Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply.

I see. Generally, if you have been outside the UK for more than 180 days in total during the five years and not for more than 90 days in one trip then they would refuse your application for ILR. If you meet this criteria then you should apply for ILR. If it’s close then you may consider applying if the reasons you were outside the UK were work-related because you may (may) be successful on appeal. If you do not meet this criteria by a significant margin then you should probably not apply.

Provided you have observed the terms of your visa then you should still be able to extend your Tier 1 visa if you can show that you intend to continue working. Information on this and how to do it is contained here as your will see:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/general/applying/
You would have to show that you intend to continue working in the UK and probably a bit more than you already do, but the UKBA always have a discretion in these situations and so I presume that you are completely financially independent. This will go a pretty long way to easing any concerns they have about the actual amount of time you are working here, together with the fact that you are obviously a highly skilled individual
Because of your intermittent working patterns I would urge you to instruct a UK immigration solicitor to make whichever application you apply for because they will be able to effectively explain the working patterns and most adequately argue that you should not be regarded as any kind of immigration advise.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.

Thanks for all that . Please bear with me with respect to the following:

1. I am most definitely totally financially independent.

2. The Company I have been working through still require my services but will be unable to access them when my visa expires.

3.How do I prove that i intend to continue working.

4. the fact of the matter is that i have an excellent job in South Africa and have been doing these locums in the UK on account of the fact that my services were desperately needed.

5. I am happy to continue doing so as at my stage of my career I regard work satisfaction as more important than what i earn and undoubtedly I do enjoy the work environment where I work in the UK.

6. How do I access an Immigration solicitor and what kind of costs will be involved?

Thank you

Expert:  Thomas replied 2 years ago.
Hi,

It's fine.

You would prove that you intend to carry on working via a statutory declaration in which you state this, as well as explaining the plans that you have in respect of your work. This can be coupled with a statement from your employer also explaining the detailed discussions you have had with respect to your continuing role and development post-grant of the visa or ILR.

Your point number 5, for example, would be exactly the type of thing that you would include in your statement and submit to the UKBA. The more credible information they have which substantiates that you are a valuable member of the UK workforce the more inclined they will be to grant the visa and, if necessary, to exercise their discretion.

It would cost in the region of £(NNN) NNN-NNNN+ VAT for a solicitor to act on a ILR application for you and about 700-900 + VAT to apply for an extension of your current visa.

Trust this clarifies, please click accept. I will continue to answer your follow up questions on this topic.

Kind regards,

Tom
Customer: replied 2 years ago.
What documentation will be needed and how do I find a solicitor who has the expertise to handle my application successfully?
Expert:  Thomas replied 2 years ago.
Hi,

It's the standard stuff that you would have provided for your earlier application (bank statements, documentary evidence of other financial income or capital that you own, evidence of accomodation, evidence of employment, tax returns etc). With the addition of your personally drafted statements and that of your employer.

Your solicitor will walk you all through it.

You can find immigration solicitors by using the following site and selecting Immigration Law:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

I would suggest having a consultation with one or two to see which one you are most confident with.

Please click accept.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
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BA (Hons), PgDip, Practising Solicitor