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Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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RWA1
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Foreseeable future - University researcher

Post by RWA1 » Tue Dec 18, 2018 2:15 pm

Hello everyone,

Hope you're well. I was wondering if anyone could help me with the following letter. This is the best/near-best my HR department can do in terms of the ILR requirement of your company needing you for the foreseeable future. Can you please advice on how to proceed?

My current Tier 2 visa runs out on the 14th of Jan, 2019.


Confirmation of Employment – Application for Indefinite Leave to Remain (ILR) in the UK
This is to state that Dr. xxx has been employed by the University of xxx on two continuous fixed term contracts the first of which was from 1 April 2015 to 31 March 2017 as a Senior Research Fellow. Dr xx obtained further employment via our redeployment process and continued to be employed from 1 April 2017, her current contract runs until 31 March 2019 as a xxx Researcher in the xxx.

Dr xxx currently has access to the redeployment register which gives her priority access to any posts available within the University prior to them being advertised externally. She is hoping to secure continued employment within The University of xxx via this route.

Dr xxxxx current salary is £xxx per annum, which is above the appropriate rate as per SOC code 2119, as stated in the codes of practice for Tier 2 Sponsors.

Please find attached the most recent payslip, which I can confirm is correct.
If you require any further information please do not hesitate to contact me.

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Re: Foreseeable future - University researcher

Post by zimba » Tue Dec 18, 2018 4:50 pm

The letter clearly suggests that they do NOT need you for a foreseeable future, having a fixed length contract. So ILR will not be granted
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

zaf1
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Re: Foreseeable future - University researcher

Post by zaf1 » Tue Dec 18, 2018 9:30 pm

I think you may well be fine. I know Universities give fixed term contract. I myself work in the university and awaiting decision but my fixed term contract runs until Feb 2021. My university HR ensures me that they never had any issues with fixed term contract for ILR application and I also know a colleague who got their ILR on fixed-term contracts recently.

RWA1
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Re: Foreseeable future - University researcher

Post by RWA1 » Tue Dec 18, 2018 10:36 pm

Zimba wrote:
Tue Dec 18, 2018 4:50 pm
The letter clearly suggests that they do NOT need you for a foreseeable future, having a fixed length contract. So ILR will not be granted
Thank you for your response Zimba. I have contacted them again to see if they can add the forseeable future bit to the letter without going into so much detail.

RWA1
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Re: Foreseeable future - University researcher

Post by RWA1 » Tue Dec 18, 2018 10:40 pm

zaf1 wrote:
Tue Dec 18, 2018 9:30 pm
I think you may well be fine. I know Universities give fixed term contract. I myself work in the university and awaiting decision but my fixed term contract runs until Feb 2021. My university HR ensures me that they never had any issues with fixed term contract for ILR application and I also know a colleague who got their ILR on fixed-term contracts recently.
Hi Zaf, Thank you for sharing your experience. Your words are reassuring. Would you know what the end date of your colleague's current contract is?

Worst comes to worst, i will still apply, and then see what happens

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Re: Foreseeable future - University researcher

Post by zaf1 » Tue Dec 18, 2018 11:09 pm

I think his fixed term date was still more than 1 year away from his ILR (not certain though). Plus ILR application varies person to person, for instance, some will be approaching 10 years residency before the contract runs out. I have not seen/heard any rejections based on the foreseeable future term in University employment because I am sure most post-doc do not get permanent positions and still go and get ILR. It is best to ask your University HR since I am not an expert but sharing experience...

RWA1
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Re: Foreseeable future - University researcher

Post by RWA1 » Tue Dec 18, 2018 11:20 pm

zaf1 wrote:
Tue Dec 18, 2018 11:09 pm
I think his fixed term date was still more than 1 year away from his ILR (not certain though). Plus ILR application varies person to person, for instance, some will be approaching 10 years residency before the contract runs out. I have not seen/heard any rejections based on the foreseeable future term in University employment because I am sure most post-doc do not get permanent positions and still go and get ILR. It is best to ask your University HR since I am not an expert but sharing experience...
Thanks, that makes sense. I am applying through 5+ years on Tier 2 visa, though have been here for 9 years.
would you mind my asking what route youre taking?

zaf1
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Re: Foreseeable future - University researcher

Post by zaf1 » Tue Dec 18, 2018 11:24 pm

I am applying tier 2 five years. One more thing is Universities generally are A-rated employers and most probably you should not have an issue. I personally think your letter should suffice and in case of the caseworker objection, he/she is likely to request you to clarify before handing out rejection. :D :D

RWA1
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Re: Foreseeable future - University researcher

Post by RWA1 » Tue Dec 18, 2018 11:31 pm

zaf1 wrote:
Tue Dec 18, 2018 11:24 pm
and in case of the caseworker objection, he/she is likely to request you to clarify before handing out rejection. :D :D
Jeez, thanks man! :shock:
zaf1 wrote:
Tue Dec 18, 2018 11:24 pm
I am applying tier 2 five years. One more thing is Universities generally are A-rated employers and most probably you should not have an issue. I personally think your letter should suffice
Thanks again for sharing your experience

RWA1
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ILR - should I apply?

Post by RWA1 » Fri Dec 21, 2018 4:40 pm

Hello everyone

I hope someone could offer some advice about whether,

1. I should apply for ILR
2. choose the premium vs standard service for ILR

My current work visa runs out on the 14th of Jan, 2019

My contract runs out on March 31st, 2019

I have been in the UK for the past 9 years (student, then work), and have been gainfully employed for 6-7 years. I work at the university, hence fixed term research contracts.

An immigration caseworker recommended going for the standard route (as opposed to premium service) because this will give me more time to look for another post after 31st March. Because say I get a refusal before the 14th of Jan (through premium), I may have to leave before the 14th of Jan.

I have been on a tier 2 visa nearly 5 years 7 months now.

Does anyone have any thoughts on this?

Suppose I get offered another post, the most they can offer me a tier 2 visa for is 3 months. Would this also affect the length of my contract? Or should I apply for ILR after I get another post in March?


Thank you for your help

RWA1
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Re: ILR - should I apply?

Post by RWA1 » Fri Dec 21, 2018 5:05 pm

hi,

sorry, was my post moved? is it to give a certain context? Would it be better if I linked the older post to this one?

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Re: ILR - should I apply?

Post by CR001 » Fri Dec 21, 2018 5:07 pm

RWA1 wrote:
Fri Dec 21, 2018 5:05 pm
hi,

sorry, was my post moved? is it to give a certain context? Would it be better if I linked the older post to this one?
Your posts were merged yes as your circumstances don't appear straightforward.

See link below regarding forum rule on multiple posts/topics.

announcements/multiple-posts-will-be-lo ... t5722.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

RWA1
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Re: ILR - should I apply?

Post by RWA1 » Fri Dec 21, 2018 5:09 pm

CR001 wrote:
Fri Dec 21, 2018 5:07 pm
RWA1 wrote:
Fri Dec 21, 2018 5:05 pm
hi,

sorry, was my post moved? is it to give a certain context? Would it be better if I linked the older post to this one?
Your posts were merged yes as your circumstances don't appear straightforward.

See link below regarding forum rule on multiple posts/topics.

announcements/multiple-posts-will-be-lo ... t5722.html
thank you for signposting me. i was under the impression I had to create a new thread each time there was a different question

RWA1
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Re: ILR - should I apply?

Post by RWA1 » Fri Dec 21, 2018 5:32 pm

Sorry, would you mind if I reposted this here again, just incase the newer question gets lost in the thread?

Hello everyone

I hope someone could offer some advice about whether,

1. I should apply for ILR
2. choose the premium vs standard service for ILR

My current work visa runs out on the 14th of Jan, 2019

My contract runs out on March 31st, 2019

I have been in the UK for the past 9 years (student, then work), and have been gainfully employed for 6-7 years. I work at the university, hence fixed term research contracts.

An immigration caseworker recommended going for the standard route (as opposed to premium service) because this will give me more time to look for another post after 31st March. Because say I get a refusal before the 14th of Jan (through premium), I may have to leave before the 14th of Jan.

I have been on a tier 2 visa nearly 5 years 7 months now.

Does anyone have any thoughts on this?

Suppose I get offered another post, the most they can offer me a tier 2 visa for is 3 months. Would this also affect the length of my contract? Or should I apply for ILR after I get another post in March?


Thank you for your help

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aman90
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Re: ILR - should I apply?

Post by aman90 » Fri Dec 21, 2018 6:43 pm

Well you should apply with whatever you have by 14th Jan. Standard service and try to get ur current employer to either extend or hire you for another job before March 31st.
Would another company hire you if ur immigration status is unconfirmed?

RWA1
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Re: ILR - should I apply?

Post by RWA1 » Fri Dec 21, 2018 6:45 pm

aman90 wrote:
Fri Dec 21, 2018 6:43 pm
Well you should apply with whatever you have by 14th Jan. Standard service and try to get ur current employer to either extend or hire you for another job before March 31st.
Would another company hire you if ur immigration status is unconfirmed?
about my employer renewing or giving me a new contract, would you mind advising on how that might help an application already in consideration?

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Re: ILR - should I apply?

Post by aman90 » Fri Dec 21, 2018 7:16 pm

You could apply for tier 2 extension till 31st March and implore your employer to either extend ur contract or either place you in another position from 1st April onwards. They’ll lose a good hardworking employee.
If a decision isn’t taken on ur tier 2 by then you could probably vary ur application to ILR as soon as you get something in writing from ur employer.
If you do apply for ILR a rejection is probable but if the case worker is somehow convinced by the employers letter and you write a darn good cover letter you may just get it. Also if you manage to get a new contract you could send it as soon as possible.
I’m not sure what the going time frame of deciding applications for tier 2 is but ILR does take a few months.
Are you sure ur employer won’t terminate your contract earlier as your immigration status is in question?
I just wanted to reach out as I can imagine what you must be going through right now

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Re: ILR - should I apply?

Post by RWA1 » Sat Dec 22, 2018 4:40 am

aman90 wrote:
Fri Dec 21, 2018 7:16 pm
You could apply for tier 2 extension till 31st March and implore your employer to either extend ur contract or either place you in another position from 1st April onwards. They’ll lose a good hardworking employee.
If a decision isn’t taken on ur tier 2 by then you could probably vary ur application to ILR as soon as you get something in writing from ur employer.
If you do apply for ILR a rejection is probable but if the case worker is somehow convinced by the employers letter and you write a darn good cover letter you may just get it. Also if you manage to get a new contract you could send it as soon as possible.
I’m not sure what the going time frame of deciding applications for tier 2 is but ILR does take a few months.
Are you sure ur employer won’t terminate your contract earlier as your immigration status is in question?
I just wanted to reach out as I can imagine what you must be going through right now

Thanks aman90 for replyibg, I appreciate it :-)

1. Re employer and next contract.
Say I am able to secure another post in the university. Before they can issue a contract, they usually require you to submit for tier 2 extension visa at that time. So here I would have two options, would I apply for a new tier 2 extension, or ILR? Considering I have 2-3 months left on for my tier 2 visa (you can have it uptil 6 years), would I even get a tier 2 extension on a contract which was for 2 years?

2. Re cover letter
What would a good cover letter look like?

3. Termination of contract
Why would they do that? considering I have visa options available, wouldnt it be illegal for them to do that?

Thanks again

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aman90
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Re: ILR - should I apply?

Post by aman90 » Sat Dec 22, 2018 2:41 pm

Thanks aman90 for replyibg, I appreciate it :-)

1. Re employer and next contract.
Say I am able to secure another post in the university. Before they can issue a contract, they usually require you to submit for tier 2 extension visa at that time. So here I would have two options, would I apply for a new tier 2 extension, or ILR? Considering I have 2-3 months left on for my tier 2 visa (you can have it uptil 6 years), would I even get a tier 2 extension on a contract which was for 2 years?


2. Re cover letter
What would a good cover letter look like?

3. Termination of contract
Why would they do that? considering I have visa options available, wouldnt it be illegal for them to do that?
They would be in the right to let you go if they are unsure of ur right to work.
This was the reason why I reached out. Not tier 2 but My uncle was terminated from his job on expiry of his EEA family permit. He didn’t contest coz he was told they’d rehire him once he got the right to work sorted. I was just concerned for you.

Thanks again
[/quote]

My apologies for engaging in this discussion as I’m not aware of tier 2 as such. On a quick read of it and ur situation:
You could have applied for ILR once you completed 5 years?
You need to have right of work to complete your fixed term contract
You’ve been on Tier2 for 5.7 years and can only be on it for 6?
The visa extension would give you 4 months atleast?
In the mean time if you secured a new position you could apply for ILR before ur visa ext expires.
Yes you’ve said all this above.
Your real question is the probability of you securing ILR by virtue of completing 5 years without foreseeable future at this point.
A glowing review from ur employer and a productive future together with a self cover letter detailing ur good character over the years may sway a caseworker on balance of probabilities.
A new offer of employment sent soon after and before the decision would allay any concerns.

This is just how I look at it. I understand ur predicament. I’d go for the safer choice of extension and then apply for ILR if it was me.
I could be totally out of line here and I hope other tier 2 applicants step up and advise. One did above and my first reaction was the same that it should be ok but I’m not in ur unique situation hence it would be unwise to suggest to throw caution to the wind.
Good luck. You have a bouncing board with this forum. You’ll get ur answers. Finger crossed.

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Re: ILR - should I apply?

Post by RWA1 » Tue Dec 25, 2018 5:01 am

Thanks for your response, appreciate it
aman90 wrote:
Sat Dec 22, 2018 2:41 pm
A glowing review from ur employer and a productive future together with a self-cover letter detailing ur good character over the years may sway a caseworker on balance of probabilities.
A new offer of employment sent soon after and before the decision would allay any concerns.

This is just how I look at it. I understand ur predicament. I’d go for the safer choice of extension and then apply for ILR if it was me.
I could be totally out of line here and I hope other tier 2 applicants step up and advise. One did above and my first reaction was the same that it should be ok but I’m not in ur unique situation hence it would be unwise to suggest to throw caution to the wind.
Good luck. You have a bouncing board with this forum. You’ll get ur answers. Finger crossed.
This is the letter they have give me now,

1. Cover letter, recommendation letter, and letter of employment

I could make a case for how I have been employed without a gap and have built a career, and will continue along this path.

I guess I could ask my supervisor/line manager for a letter of recommendation. Except I dont think he can say more than 'shes a good worker, did work in time, and look forward to working with her, should more research funding come through'

The HR can give me the following letter

Confirmation of Employment – Application for Indefinite Leave to Remain (ILR) in the UK

This is to state that Dr xxx has been employed full-time, working 35
hours per week, by the University of xxxl on two continuous fixed term contracts the
first of which was from 1 April 2015 to 31 March 2017 as a xxx. Dr xxx obtained further employment via our redeployment process and continues to be employed from 1 April 2017 to 31 March 2019 as a xxx in the
Department of xxx. Her Department will continually review arrangements and should further funding be available the University would continue her employment.

Dr xxx also has access to the redeployment register which gives her priority access to any posts available within the University prior to them being advertised externally. She is expecting to secure continued employment within The University of xxx via this route. Dr xxx current salary is £xxx per annum, which is above the appropriate rate as per SOC code xxx, as stated in the codes of practice for Tier 2 Sponsors.

Please find attached the most recent payslip, which I can confirm is correct.

If you require any further information please do not hesitate to contact me.


2. Tier 2 and then ILR

Yes, that seems to make sense. Here I am thinking, considering I have 2-3 months left on for my tier 2 visa (you can have it uptil 6 years) after March 2019, would I even get a tier 2 extension/ tier 2 visa on a new contract which was for 2 years?

Thanks again

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aman90
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Re: ILR - should I apply?

Post by aman90 » Tue Dec 25, 2018 2:26 pm

RWA1 wrote:
Tue Dec 25, 2018 5:01 am
Thanks for your response, appreciate it
aman90 wrote:
Sat Dec 22, 2018 2:41 pm
A glowing review from ur employer and a productive future together with a self-cover letter detailing ur good character over the years may sway a caseworker on balance of probabilities.
A new offer of employment sent soon after and before the decision would allay any concerns.

This is just how I look at it. I understand ur predicament. I’d go for the safer choice of extension and then apply for ILR if it was me.
I could be totally out of line here and I hope other tier 2 applicants step up and advise. One did above and my first reaction was the same that it should be ok but I’m not in ur unique situation hence it would be unwise to suggest to throw caution to the wind.
Good luck. You have a bouncing board with this forum. You’ll get ur answers. Finger crossed.
This is the letter they have give me now,

1. Cover letter, recommendation letter, and letter of employment

I could make a case for how I have been employed without a gap and have built a career, and will continue along this path.

I guess I could ask my supervisor/line manager for a letter of recommendation. Except I dont think he can say more than 'shes a good worker, did work in time, and look forward to working with her, should more research funding come through'

The HR can give me the following letter

Confirmation of Employment – Application for Indefinite Leave to Remain (ILR) in the UK

This is to state that Dr xxx has been employed full-time, working 35
hours per week, by the University of xxxl on two continuous fixed term contracts the
first of which was from 1 April 2015 to 31 March 2017 as a xxx. Dr xxx obtained further employment via our redeployment process and continues to be employed from 1 April 2017 to 31 March 2019 as a xxx in the
Department of xxx. Her Department will continually review arrangements and should further funding be available the University would continue her employment.

Dr xxx also has access to the redeployment register which gives her priority access to any posts available within the University prior to them being advertised externally. She is expecting to secure continued employment within The University of xxx via this route. Dr xxx current salary is £xxx per annum, which is above the appropriate rate as per SOC code xxx, as stated in the codes of practice for Tier 2 Sponsors.

Please find attached the most recent payslip, which I can confirm is correct.

If you require any further information please do not hesitate to contact me.

This letter is worse than the first as it suggests IF further funding is available..
if the first letter replaced the “she is hoping” to “she should” May improve chances.

2. Tier 2 and then ILR

Yes, that seems to make sense. Here I am thinking, considering I have 2-3 months left on for my tier 2 visa (you can have it uptil 6 years) after March 2019, would I even get a tier 2 extension/ tier 2 visa on a new contract which was for 2 years?

Tier2 5yrs 7 months- you still have 5 months to complete 6 years?
You can’t work till 31st March 19 if ur visa expires in Jan 19 so you should get an extension of the required months only and a month extra.
Hopefully some position should come up between now and then.. and then you could apply for ILR. Deja vu.. I’ve said this before.. does this make sense?
When do you complete 10 years? Date of entry to uk?
Do you have any family ties?



Thanks again

RWA1
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Re: ILR - should I apply?

Post by RWA1 » Tue Dec 25, 2018 3:35 pm

1. Think Ill ask them to alter the statement here.

Her Department will continually review arrangements and funding.

About the redeployment they cant say 'should' instead of 'expecting' because that says I will have garunteed employment, and if the UKVI turns around and asks for funding sources, the university might be in a pickle.

2. About the tier 2, yes I am thinking about that.
I do have a partner here, and enetrred UK on sept 6, 2009, I think. However, I was on Post Study Work visa soon after, and I dont think you can count that visa towards your ten years.
Thanks for all your help.

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Re: ILR - should I apply?

Post by aman90 » Tue Dec 25, 2018 6:06 pm

RWA1 wrote:
Tue Dec 25, 2018 3:35 pm
1. Think Ill ask them to alter the statement here.

Her Department will continually review arrangements and funding.

About the redeployment they cant say 'should' instead of 'expecting' because that says I will have garunteed employment, and if the UKVI turns around and asks for funding sources, the university might be in a pickle.
Your first letter says ‘hoping’ not ‘expecting’
2. About the tier 2, yes I am thinking about that.
I do have a partner here, and enetrred UK on sept 6, 2009, I think. However, I was on Post Study Work visa soon after, and I dont think you can count that visa towards your ten years.
Thanks for all your help.
Even a visit visa is counted as long as ur here legally, have not spent more than 180 days out of the country.. look it up.
It may not matter coz you won’t have legal stay till sept 6 2019. But it’s an option if you can figure it out

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Re: ILR - should I apply?

Post by RWA1 » Thu Jan 03, 2019 1:44 am

aman90 wrote:
Tue Dec 25, 2018 6:06 pm
RWA1 wrote:
Tue Dec 25, 2018 3:35 pm
1. Think Ill ask them to alter the statement here.

Her Department will continually review arrangements and funding.

About the redeployment they cant say 'should' instead of 'expecting' because that says I will have garunteed employment, and if the UKVI turns around and asks for funding sources, the university might be in a pickle.
Your first letter says ‘hoping’ not ‘expecting’
2. About the tier 2, yes I am thinking about that.
I do have a partner here, and enetrred UK on sept 6, 2009, I think. However, I was on Post Study Work visa soon after, and I dont think you can count that visa towards your ten years.
Thanks for all your help.
Even a visit visa is counted as long as ur here legally, have not spent more than 180 days out of the country.. look it up.
It may not matter coz you won’t have legal stay till sept 6 2019. But it’s an option if you can figure it out
Sorry, didnt get notificatiin for your response. Thanks, appreciate it.

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aman90
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Re: ILR - should I apply?

Post by aman90 » Thu Jan 03, 2019 6:52 am

RWA1 wrote:
Thu Jan 03, 2019 1:44 am
aman90 wrote:
Tue Dec 25, 2018 6:06 pm
RWA1 wrote:
Tue Dec 25, 2018 3:35 pm
1. Think Ill ask them to alter the statement here.

Her Department will continually review arrangements and funding.

About the redeployment they cant say 'should' instead of 'expecting' because that says I will have garunteed employment, and if the UKVI turns around and asks for funding sources, the university might be in a pickle.
Your first letter says ‘hoping’ not ‘expecting’
2. About the tier 2, yes I am thinking about that.
I do have a partner here, and enetrred UK on sept 6, 2009, I think. However, I was on Post Study Work visa soon after, and I dont think you can count that visa towards your ten years.
Thanks for all your help.
Even a visit visa is counted as long as ur here legally, have not spent more than 180 days out of the country.. look it up.
It may not matter coz you won’t have legal stay till sept 6 2019. But it’s an option if you can figure it out
Sorry, didnt get notificatiin for your response. Thanks, appreciate it.
No worries.. good luck with ur visa.
Do look into LR! Ur understanding of psw is incorrect. You could possibly apply for LR in August.

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