SJ307 wrote:Hi Guys,
I'm eligible to apply for ILR after 13th August (5yrs student + 2 yrs PSW + 3 yrs Tier 2). 13th August is (10yrs - 28days). My current visa (tier 2) with my employer, expires on 31st of August. I have no refusals, no overstays - it should be a straight forward application for ILR. So I thought I can apply for ILR before the expiry date and everything will be ok. But, my employer brought in some new issues that I never expected.
my employer uses an immigration solicitor firm for all visa applications, extensions etc. What they told my employer is that I should apply for Tier 2 extension rather than ILR under 10 year scheme. The reason they quoted was that if I apply for ILR (postal application & it takes nearly 4 months to finish the process) I wouldn't have visa after 31st of August. I told my employer I can give the acknowledgement letter from HO as a proof (hopefully I will get this before 31st August). But my employer says they are not sure that is acceptable and they ask me to do what the solicitors are saying.
The issue for me is that if I go with Tier 2 extension, I'll be tied with the same employer and my ILR will be delayed for another 2 years. My children (both born in the UK) can't apply for British passports for another 2 years.
I'm worried about employer not agreeing with my ILR and they are ill advised by these solicitors (motive is that they can make more money, as my employer will put my application through them if I go for tier 2 extension).
Your help on this would be really appreciated. Also, if any one had similar situation before, please share your experience on this.
@sj307,keep continue for the time being with your employer as you are on tier2 and you have not got any option any way.if the
10 years laws do not get hard then if you do not have family and kids with you will advise you to go for ilr under
10 years
long residence as your employer solicitor firm must know that your status will remain the same if you apply before the expiry of your leave as this is exactly not my wording but the Home Office wording and your employer solicitor should not get smarter than HO.if you apply an in time application,untill the decision has been made,your status will remain of tier 2.