Tier 2 ICT --> Tier 2 General --> ILR
Posted: Fri Jul 17, 2020 4:03 pm
Hello Team,
I entered the UK on Tier 2 ICT Established Staff visa on 26 September 2010 and have been extending my leave under the same employer(A). I was scheduled to apply for ILR under long residence by end of August.
I am currently a consultant for company B. The contracts between company A and B cannot be extended any further beyond September 30 and as a result company B wants to hire me.
Given the backlog of applications, it is highly unlikely that my ILR will be granted before September 30 when I apply end of August(with no super priority service around)
As a result, Company B has proposed to sponsor me Tier 2 General visa which may be filed by say mid-August. I may be able to commence work directly with Company B as advised by HO:
https://www.gov.uk/guidance/coronavirus ... -residents
If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:
• you’ve been assigned a Certificate of Sponsorship (CoS)
• you submitted your application before your current visa expired and you show your sponsor evidence of this
• the job you start is the same as the one listed on your CoS
When do I submit my ILR?
1. Company B has told me to wait for my Tier 2 General visa to be decided by UKVI before applying for ILR under long residence. Do I actually need to wait? (or)
2. Should I vary my Tier 2 General application to ILR as soon as I become eligible? It appears like I should not, as the date I submit my Tier 2 General application(mid August) will be considered as my ILR application submission date per the Example Scenario 2 quoted in the below link.
Appreciate any advice
https://assets.publishing.service.gov.u ... .0-ext.pdf
Example scenario 2
An applicant submits application A in time. They then submit application B before application A has been decided, whilst they still have extant leave.
An applicant cannot be granted more than one type of leave at a time. Where 2 applications have been submitted whilst the applicant has extant leave, the second application will be considered as a variation of the first application. The date of application is the date application A was submitted.
I entered the UK on Tier 2 ICT Established Staff visa on 26 September 2010 and have been extending my leave under the same employer(A). I was scheduled to apply for ILR under long residence by end of August.
I am currently a consultant for company B. The contracts between company A and B cannot be extended any further beyond September 30 and as a result company B wants to hire me.
Given the backlog of applications, it is highly unlikely that my ILR will be granted before September 30 when I apply end of August(with no super priority service around)
As a result, Company B has proposed to sponsor me Tier 2 General visa which may be filed by say mid-August. I may be able to commence work directly with Company B as advised by HO:
https://www.gov.uk/guidance/coronavirus ... -residents
If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:
• you’ve been assigned a Certificate of Sponsorship (CoS)
• you submitted your application before your current visa expired and you show your sponsor evidence of this
• the job you start is the same as the one listed on your CoS
When do I submit my ILR?
1. Company B has told me to wait for my Tier 2 General visa to be decided by UKVI before applying for ILR under long residence. Do I actually need to wait? (or)
2. Should I vary my Tier 2 General application to ILR as soon as I become eligible? It appears like I should not, as the date I submit my Tier 2 General application(mid August) will be considered as my ILR application submission date per the Example Scenario 2 quoted in the below link.
Appreciate any advice
https://assets.publishing.service.gov.u ... .0-ext.pdf
Example scenario 2
An applicant submits application A in time. They then submit application B before application A has been decided, whilst they still have extant leave.
An applicant cannot be granted more than one type of leave at a time. Where 2 applications have been submitted whilst the applicant has extant leave, the second application will be considered as a variation of the first application. The date of application is the date application A was submitted.