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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
You need another year of visa to get to 10 years, so that is the minimumIkea345 wrote: ↑Mon Mar 11, 2024 9:28 amHi members and moderators,
I initially arrived in the UK as a student on 18/09/2014 under Tier 4. Currently, I am on a skilled worker visa, and my Biometric Residence Permit (BRP) is set to expire on 19/06/2024. The Certificate of Sponsorship (CoS) provided by my employer covers the period from 06/06/2021 to 05/06/2024. I am in discussions with my employer regarding the renewal of my skilled worker visa. Considering my upcoming application for the 10-year route in September, should I extend it for 1 year or 2 years?
I appreciate any assistance, and thank you in advance for your help.
Ikea345 wrote: ↑Tue Mar 19, 2024 4:51 pmThank you, @zimba and @CR001. Following my previous post, I am currently in discussions with my employer regarding extending my skilled worker visa. Upon the introduction of the new HC 590, I noticed a discrepancy in interpreting the long residence route.
HC 590:
LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current
immigration route for at least 12 months on the date of application, or have been
exempt from immigration control in the 12 months immediately before the date of
application.
LR 11.4. If the applicant’s current permission was granted before 11 April 2024, LR
11.3. does not apply.
Explanatory memorandum:
5.35 Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route. This aligns the requirements of this route with wider requirements for settlement.
My question is, if I apply to extend my skilled worker visa before the 11th April, as long as I submit my application before that date, I am eligible to apply for ILR under the 10-year route this September? If I submit my extension application after the 11th of April, will I need to hold my Skilled Worker visa for 1 year before I am qualified for the 10-year route? But I am already on my Skilled Worker route? Or is that a break in the route? Very confusing!
Losing your job does not have any effect as long as the new visa expiry (due to curtailment) gives you enough visa time to reach within 28 days of becoming eligible when you can indeed apply under the long residence.Ikea345 wrote: ↑Thu May 16, 2024 4:17 pmI will soon be placed on a PIP because my company is struggling. This means that starting in June, I could be dismissed at any time (I hold a SWV until Mid 2025). With my 10 year route ILR set to complete for September, will I still be able to submit a ILR application based on the 10 year route, even if I am not being sponsored by my employer? (I assume the SWV curtailment letter will follow straight after I am dismissed). And what type of immigration status will I be classed under if I am dismissed? Could any member or admin kindly answer this question? Many thanks!