Hidden Risk - applying for "extension" of leave under Tier 1 from outside UK

There is a "Hidden Risk" for those with permission to stay in the UK who are thinking

of applying for an "extension" under Tier 1 of the Points Based System from

outside.

UKBA presently has delays of around seven weeks for in-country applications

under Tier 1 (General) of the new Points Based System. Many individuals who

have leave to remain under the old HSMP, Investor or Business route which is

due to expire shortly are deciding to leave the UK and apply for entry

clearance from British consular posts abroad to avoid the delays and

associated 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. 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 ILR

purposes regardless of whether or not their new leave was granted before the

old leave expired. 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 ILR.