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ILR at end of 5 year work visa?
Posted: Wed Oct 28, 2020 1:49 pm
by Mrbo2
I am in the UK on a 5 year Tier II work visa.
I was wondering if I could apply for ILR at the end of it, or if I need to extend my visa for an additional, sixth year.
I ask because I won't have 5 years in the country until basically the visa is expired, but I also have heard that you can apply a bit earlier.
Thanks!
Re: ILR at end of 5 year work visa?
Posted: Wed Oct 28, 2020 2:13 pm
by zimba
The 5 years start from the date of first visa approval. You can apply within 28 days of completing the 5 years
Re: ILR at end of 5 year work visa?
Posted: Wed Oct 28, 2020 2:48 pm
by Mrbo2
And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?
Re: ILR at end of 5 year work visa?
Posted: Wed Oct 28, 2020 2:53 pm
by ajitu92
Mrbo2 wrote: ↑Wed Oct 28, 2020 2:48 pm
And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?
No there wouldn't. Your leave will be extended by virtue of section 3C of the immigration rules as long as you have made an in-time application. Your current leave's conditions continue under section 3C until a decision is reached on your ILR application.
Re: ILR at end of 5 year work visa?
Posted: Wed Oct 28, 2020 3:07 pm
by Mrbo2
Cool, that makes sense. Thanks a lot.
Re: ILR at end of 5 year work visa?
Posted: Wed Oct 28, 2020 3:08 pm
by ajitu92
Mrbo2 wrote: ↑Wed Oct 28, 2020 3:07 pm
Cool, that makes sense. Thanks a lot.
You're welcome
Re: ILR at end of 5 year work visa?
Posted: Thu Oct 29, 2020 10:23 am
by zimba
ajitu92 wrote: ↑Wed Oct 28, 2020 2:53 pm
Mrbo2 wrote: ↑Wed Oct 28, 2020 2:48 pm
And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?
No there wouldn't. Your leave will be extended by virtue of section 3C of the immigration rules as long as you have made an in-time application. Your current leave's conditions continue under section 3C until a decision is reached on your ILR application.
Section 3C of the Immigration Act 1971 to be correct (not the rules)
Re: ILR at end of 5 year work visa?
Posted: Thu Oct 29, 2020 10:41 am
by ajitu92
Zimba wrote: ↑Thu Oct 29, 2020 10:23 am
ajitu92 wrote: ↑Wed Oct 28, 2020 2:53 pm
Mrbo2 wrote: ↑Wed Oct 28, 2020 2:48 pm
And what happens if the visa expires while you are waiting for an answer on your ILR application? Obviously one cannot leave the country during that time period, but would there any problem with work eligibility during that window?
No there wouldn't. Your leave will be extended by virtue of section 3C of the immigration rules as long as you have made an in-time application. Your current leave's conditions continue under section 3C until a decision is reached on your ILR application.
Section 3C of the Immigration Act 1971 to be correct (not the rules)
Good and well noted point! I shall rewire my brain for next time