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Post study tier 2 visa extension

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Cannydoit
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Post study tier 2 visa extension

Post by Cannydoit » Sat Mar 17, 2018 11:08 pm

Hi all,

I came to UK in 2015 on Tier 4 visa. I then converted to Tier 2 visa in 2017 and my visa is going to expire this April. I have applied for extension for another one year. I was considered as a new entrant when I was first granted my Tier 2 visa, for my extension I am working under the same employer for the same job, but I have obtained my professional registration during this period, so will my visa extension be rejected if my salary is still below salary rate for experienced worker?

Also, If this extension is approved, can I apply for another extension after one year? I plan to apply for another three year extension if I can.

Finally, my current job is skilled to phd level. This means I am not restricted by the £35000 minimum salary for settlement, even though I am not a phd holder, am I right? If it’s so, can I apply for indefinite leave to remain after 5 years on Tier 2 visa? I am a bit concerned with the sentence “You can apply to extend your visa for up to another 5 years, as long as your total stay is not more than 6 years.” I was in this country for one and a half years on Tier 4 visa before I got my Tier 2 visa, does that 1 and a half year counted as part of the 6 years total stay?

I am sorry for such a lengthy post, and thanks for the time.

Cheers.

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Djsuccess
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Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Post study tier 2 visa extension

Post by Djsuccess » Sun Mar 18, 2018 12:48 am

Cannydoit wrote:
Sat Mar 17, 2018 11:08 pm
Hi all,

I came to UK in 2015 on Tier 4 visa. I then converted to Tier 2 visa in 2017 and my visa is going to expire this April. I have applied for extension for another one year. I was considered as a new entrant when I was first granted my Tier 2 visa, for my extension I am working under the same employer for the same job, but I have obtained my professional registration during this period, so will my visa extension be rejected if my salary is still below salary rate for experienced worker?

Also, If this extension is approved, can I apply for another extension after one year? I plan to apply for another three year extension if I can.

Finally, my current job is skilled to phd level. This means I am not restricted by the £35000 minimum salary for settlement, even though I am not a phd holder, am I right? If it’s so, can I apply for indefinite leave to remain after 5 years on Tier 2 visa? I am a bit concerned with the sentence “You can apply to extend your visa for up to another 5 years, as long as your total stay is not more than 6 years.” I was in this country for one and a half years on Tier 4 visa before I got my Tier 2 visa, does that 1 and a half year counted as part of the 6 years total stay?

I am sorry for such a lengthy post, and thanks for the time.

Cheers.
Your 1.5 years on tier 4 doesn't count as part of the 6 years for tier 2. It's true that a PhD level job is exempted from the 35k minimum salary for ILR but you must still earn the experienced salary for your SOC code. So for your extension to be successful, you must be earning experienced salary.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Cannydoit
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Posts: 9
Joined: Sat Mar 17, 2018 10:44 pm
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New Zealand

Re: Post study tier 2 visa extension

Post by Cannydoit » Wed Apr 25, 2018 7:26 pm

I have not receive my visa decision yet since my application in early Feb, my visa has expired and the processing time of my visa application has gone beyond 8 weeks, and the only reply i got was “your application has not been completed yet.” If it’s a refusal why would it take this long? I am due for a promotion after which my salary will be more than 30k, should i ask my company for the increment now or should I wait till i heard from the home office?

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Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Post study tier 2 visa extension

Post by Djsuccess » Wed Apr 25, 2018 10:48 pm

Cannydoit wrote:
Wed Apr 25, 2018 7:26 pm
I have not receive my visa decision yet since my application in early Feb, my visa has expired and the processing time of my visa application has gone beyond 8 weeks, and the only reply i got was “your application has not been completed yet.” If it’s a refusal why would it take this long? I am due for a promotion after which my salary will be more than 30k, should i ask my company for the increment now or should I wait till i heard from the home office?
Wait until you have your visa. Why did you apply for 1 yr extension when you could have applied for 3 years at the same cost?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Cannydoit
Newly Registered
Posts: 9
Joined: Sat Mar 17, 2018 10:44 pm
Mood:
New Zealand

Re: Post study tier 2 visa extension

Post by Cannydoit » Thu Apr 26, 2018 7:37 pm

Hi,

It’s my company’s decision to extend my contract for one year only, and I’m too shy to insist that I want more than that. Do you know what might be the cause of the delay? Should I just keep waiting or should I try calling the home office again?

Cannydoit
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Posts: 9
Joined: Sat Mar 17, 2018 10:44 pm
Mood:
New Zealand

Re: Post study tier 2 visa extension (update:it was refused)

Post by Cannydoit » Fri May 04, 2018 8:05 pm

Hi, I have got my visa refusal letter due to inappropriate salary. I am planning to go for a new application with higher salary, but i have several questions regarding dates.

1. The letter was dated on the 1st of May, but I received it yesterday, without signature, I found it in post box when I came back from work. So, when does the 14 days count from?

2. My visa has expired last month, can I still work while waiting for the results of new application?

3. Finally i came here as a tier 4 student, i got the letter saying my tier 2 visa application was successful on 23rd of February 2017, it didn’t state a start date but the visa was valid till this year April. So when will I be eligible to apply for ILR?

Djsuccess wrote:
Sun Mar 18, 2018 12:48 am
Cannydoit wrote:
Sat Mar 17, 2018 11:08 pm
Hi all,

I came to UK in 2015 on Tier 4 visa. I then converted to Tier 2 visa in 2017 and my visa is going to expire this April. I have applied for extension for another one year. I was considered as a new entrant when I was first granted my Tier 2 visa, for my extension I am working under the same employer for the same job, but I have obtained my professional registration during this period, so will my visa extension be rejected if my salary is still below salary rate for experienced worker?

Also, If this extension is approved, can I apply for another extension after one year? I plan to apply for another three year extension if I can.

Finally, my current job is skilled to phd level. This means I am not restricted by the £35000 minimum salary for settlement, even though I am not a phd holder, am I right? If it’s so, can I apply for indefinite leave to remain after 5 years on Tier 2 visa? I am a bit concerned with the sentence “You can apply to extend your visa for up to another 5 years, as long as your total stay is not more than 6 years.” I was in this country for one and a half years on Tier 4 visa before I got my Tier 2 visa, does that 1 and a half year counted as part of the 6 years total stay?

I am sorry for such a lengthy post, and thanks for the time.

Cheers.
Your 1.5 years on tier 4 doesn't count as part of the 6 years for tier 2. It's true that a PhD level job is exempted from the 35k minimum salary for ILR but you must still earn the experienced salary for your SOC code. So for your extension to be successful, you must be earning experienced salary.

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Post study tier 2 visa extension (update:it was refused)

Post by Djsuccess » Sat May 05, 2018 8:09 pm

Cannydoit wrote:
Fri May 04, 2018 8:05 pm
Hi, I have got my visa refusal letter due to inappropriate salary. I am planning to go for a new application with higher salary, but i have several questions regarding dates.

1. The letter was dated on the 1st of May, but I received it yesterday, without signature, I found it in post box when I came back from work. So, when does the 14 days count from?
[color=#000040]14 day from the day the decision was made. That will be 1st of May[/color]

2. My visa has expired last month, can I still work while waiting for the results of new application?
yes, as long as you are able to submit another application within the 14 days given to you

3. Finally i came here as a tier 4 student, i got the letter saying my tier 2 visa application was successful on 23rd of February 2017, it didn’t state a start date but the visa was valid till this year April. So when will I be eligible to apply for ILR?
[color=#000040]Like I said in my previous response. Your time on Tier 4 doesn't count if you intend to apply for ILR via 5 years on Tier 2. You can apply for ILR on 23rd Feb 2022 (or 28 days earlier if the rule is still applicable then) or 2025 if you go through the long residence route (this is the only time your tier 4 visa will count).[/color]

[color=#000040]You are wasting a lot of money by applying for 1-year extension every year because you will pay the same visa fee for 1 year and 3 years. Why can't you explain to your sponsor that they can offer you 3 years or even a 5-year extension. [/color]
Djsuccess wrote:
Sun Mar 18, 2018 12:48 am
Cannydoit wrote:
Sat Mar 17, 2018 11:08 pm
Hi all,

I came to UK in 2015 on Tier 4 visa. I then converted to Tier 2 visa in 2017 and my visa is going to expire this April. I have applied for extension for another one year. I was considered as a new entrant when I was first granted my Tier 2 visa, for my extension I am working under the same employer for the same job, but I have obtained my professional registration during this period, so will my visa extension be rejected if my salary is still below salary rate for experienced worker?

Also, If this extension is approved, can I apply for another extension after one year? I plan to apply for another three year extension if I can.

Finally, my current job is skilled to phd level. This means I am not restricted by the £35000 minimum salary for settlement, even though I am not a phd holder, am I right? If it’s so, can I apply for indefinite leave to remain after 5 years on Tier 2 visa? I am a bit concerned with the sentence “You can apply to extend your visa for up to another 5 years, as long as your total stay is not more than 6 years.” I was in this country for one and a half years on Tier 4 visa before I got my Tier 2 visa, does that 1 and a half year counted as part of the 6 years total stay?

I am sorry for such a lengthy post, and thanks for the time.

Cheers.
Your 1.5 years on tier 4 doesn't count as part of the 6 years for tier 2. It's true that a PhD level job is exempted from the 35k minimum salary for ILR but you must still earn the experienced salary for your SOC code. So for your extension to be successful, you must be earning experienced salary.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Cannydoit
Newly Registered
Posts: 9
Joined: Sat Mar 17, 2018 10:44 pm
Mood:
New Zealand

Re: Post study tier 2 visa extension (update:it was refused)

Post by Cannydoit » Mon May 07, 2018 7:14 pm

Djsuccess wrote:
Sat May 05, 2018 8:09 pm
Cannydoit wrote:
Fri May 04, 2018 8:05 pm
Hi, I have got my visa refusal letter due to inappropriate salary. I am planning to go for a new application with higher salary, but i have several questions regarding dates.

1. The letter was dated on the 1st of May, but I received it yesterday, without signature, I found it in post box when I came back from work. So, when does the 14 days count from?
[color=#000040]14 day from the day the decision was made. That will be 1st of May[/color]

2. My visa has expired last month, can I still work while waiting for the results of new application?
yes, as long as you are able to submit another application within the 14 days given to you

3. Finally i came here as a tier 4 student, i got the letter saying my tier 2 visa application was successful on 23rd of February 2017, it didn’t state a start date but the visa was valid till this year April. So when will I be eligible to apply for ILR?
[color=#000040]Like I said in my previous response. Your time on Tier 4 doesn't count if you intend to apply for ILR via 5 years on Tier 2. You can apply for ILR on 23rd Feb 2022 (or 28 days earlier if the rule is still applicable then) or 2025 if you go through the long residence route (this is the only time your tier 4 visa will count).[/color]

[color=#000040]You are wasting a lot of money by applying for 1-year extension every year because you will pay the same visa fee for 1 year and 3 years. Why can't you explain to your sponsor that they can offer you 3 years or even a 5-year extension. [/color]
Djsuccess wrote:
Sun Mar 18, 2018 12:48 am
Cannydoit wrote:
Sat Mar 17, 2018 11:08 pm
Hi all,

I came to UK in 2015 on Tier 4 visa. I then converted to Tier 2 visa in 2017 and my visa is going to expire this April. I have applied for extension for another one year. I was considered as a new entrant when I was first granted my Tier 2 visa, for my extension I am working under the same employer for the same job, but I have obtained my professional registration during this period, so will my visa extension be rejected if my salary is still below salary rate for experienced worker?

Also, If this extension is approved, can I apply for another extension after one year? I plan to apply for another three year extension if I can.

Finally, my current job is skilled to phd level. This means I am not restricted by the £35000 minimum salary for settlement, even though I am not a phd holder, am I right? If it’s so, can I apply for indefinite leave to remain after 5 years on Tier 2 visa? I am a bit concerned with the sentence “You can apply to extend your visa for up to another 5 years, as long as your total stay is not more than 6 years.” I was in this country for one and a half years on Tier 4 visa before I got my Tier 2 visa, does that 1 and a half year counted as part of the 6 years total stay?

I am sorry for such a lengthy post, and thanks for the time.

Cheers.
Your 1.5 years on tier 4 doesn't count as part of the 6 years for tier 2. It's true that a PhD level job is exempted from the 35k minimum salary for ILR but you must still earn the experienced salary for your SOC code. So for your extension to be successful, you must be earning experienced salary.
Hi thanks a lot!

I have tried to discuss with the management but they insisted one year. I asked them for a longer contract again for this re_application, no one gave me any answer. I know the company is having some financial problems, but I don’t see why this would have anything to do with giving me a longer contract. Anyway, if they adamant to renew my contract on yearly basis, then this may very well be my last year with this company.

Anyway, thanks again for your help!

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