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Tier 2 (General) to ILR - minimum and maximum stay before applying

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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sachindean
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Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by sachindean » Thu Feb 28, 2019 11:38 am

Hi,

I am currently on Tier 2 General visa sponsored by my employer.
Initial visa - from 31/12/2014 to 23/12/2017
Extension - from 24/11/2017 to 05/01/2021
Entered UK on 07/02/2015

My questions are:
1. How soon can apply for ILR?
2. Can I wait till Nov/Dec 2020 before applying for ILR? or will it breach 5 years and 14 days maximum stay limit and i will be in-eligible to apply?
3. How long can I legally stay in the UK without breaking any immigration laws just based upon the visa expiry date.

Thanks.
Sachin

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CR001
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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by CR001 » Thu Feb 28, 2019 11:52 am

1. No sooner than within 28 days before the 5th anniversary of the initial visa ISSUE date.

2. Yes if you wish to, you can apply any time before your current visa expires. You are allowed to hold tier 2 general for 6 years!! What 5 year 14 days limit are you referring to???

3. You cannot stay in the UK once your visa has expired if you have not made another application to HO.
Char (CR001 not Casa)
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sachindean
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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by sachindean » Thu Feb 28, 2019 12:04 pm

Hi,

Thanks a lot for your response.

On https://www.gov.uk/tier-2-general under 'How long you can stay' it says:

How long you can stay
You can come to the UK with a Tier 2 (General) visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.

Thanks,
Sachin

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CR001
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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by CR001 » Thu Feb 28, 2019 12:06 pm

That refers to an initial visa. You can apply for a 5 year visa, many don't though.

It also says, if you read just a little bit further down :
You can apply to extend this visa for up to another 5 years, as long as your total stay is not more than 6 years.
Char (CR001 not Casa)
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sachindean
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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by sachindean » Thu Feb 28, 2019 12:38 pm

Hi,

Sorry.. missed the 6 years part.

Thanks again for your help.

Thanks,
Sachin

sachindean
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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by sachindean » Thu Mar 14, 2019 2:34 pm

Hi,

I have a related question.

Is it possible that me and my family apply for ILR at different dates? I am planning to apply for it as soon as I become eligible (Jan 2020) and keep my family on Tier2 dependent (expiring Jan 2021) till Dec 2020 and apply then?

Thanks,
Sachin

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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by CR001 » Thu Mar 14, 2019 2:44 pm

Is it possible that me and my family apply for ILR at different dates?
Yes. You can apply first and then apply later when your family meets the requirements for ILR.
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sachindean
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Re: Tier 2 (General) to ILR - minimum and maximum stay before applying

Post by sachindean » Thu Mar 14, 2019 4:38 pm

Thanks a ton!

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