Tier-2 General visa sponsored the maximum 6 years, however, exceeded 180 days of Absence requirement to qualify for ILR

Hi all,

I first came to the UK as a PhD student on 07/10/2010 (Tier 4 visa valid from 28/09/2010 to 30/01/2014). This Tier 4 visa was renewed at the end of 2013 (Renewed Tier 4 visa valid from 17/12/2013 to 30/01/2015).
On 01/09/2014, I started a job and I was issued a Tier 2 (General) visa to start this job (Tier 2 (General) visa valid from 20/07/2014 to 14/09/2017).

During this period, I had an unpaid leave, which was described by the HR department as a 12-month career break. Note that I have left the UK on 16/08/2016 and returned back to the UK on 22/07/2017 using the same visa I had when I left, after which I renewed my Tier 2 (General) visa (valid from 02/08/2017 to 20/07/2020) to continue my job.

Given that my Tier 2 (General) visa expires on 20/07/2020, I was planning to apply for an extension of my Tier- 2 Visa to remain in the UK as I understand that being outside the UK for more than 180 days in consecutive 12-months period means that I do not qualify to apply for indefinite leave to remain in the UK.

Therefore, I requested a sponsorship letter from my sponsor to apply for a Tier 2 (General) visa extension. However, response was as follows: “According to our records you current Certificate of Sponsorship is due to expire on 31st August 2020 and you have also been sponsored for the maximum length of time, which is 6 years. Unfortunately, this means we will not be able to extend your sponsorship beyond 31st August 2020.”

I am not sure which visa type I should apply for? or I will have to leave the UK by 20/07/2020?

If you can't find or qualify for another visa (tier 4 or global talent, innovator or start up visas), you will have to leave the UK on or before your visa expiry date.

Does your response mean no hope for Tier-2 General visa extension?

You cannot hold a tier 2 general visa for more than 6 years, this is clearly stated in the rules and guidance. Why do you believe your sponsor response is wrong??

You should have checked the rules before being absent for so long. The 180 days rules is not new.

I am not saying that my sponsor's response is wrong, however, I thought after leaving the UK for around 1 year unpaid leave, I should started counting the 5 years from zero again on return.

Thank you for your response

But you weren't absent for a full a year and you didn't apply for a NEW entry clearance tier 2 after 12 months cooling off period. You simply returned on the visa you already had so have held tier 2 for 6 years and you can extend it.

I believe CR001 intended to write 'and you can't extend it'.

Thank you Casa.

It is a difficult situation I am in indeed. If I had to leave the UK due to visa restrictions, I am losing my job, house, car. I and family will be left with no place to go. Not sure what to do.

Does your spouse not qualify for a student or any other tier visa? You could then switch to a dependent visa for 12 months and then apply for tier 2 again.

How long has your family been in the UK?

2 years and 1 month. I will consider this option. Thank you.