ILR application dates to select

[Morobek]

Hi there, if my tier 2 general visa expires while we are waiting on the ILR response, any idea what we’re supposed to do? Don’t want to be classified as an overstayer so should I rather extend and then apply for ILR?

[CR001]

Not an overstayer.

If you applied online before your visa expired, you are protected under section 3C of the immigration rules, meaning your last visa conditions continue while your ilr application is pending.

[Morobek]

Ah excellent, does that mean even if I apply with 14 days till it expires I’m/ my family is still covered?

Much appreciated!!

[CR001]

If you submit and pay online BEFORE the expiry date of your visa, even the last day it is valid, the same applies.

If you apply AFTER visa expiry date, you will be an overstayer.

[Morobek]

Thank you so much

[Morobek]

Hi there, if there is clarity required regarding information will the application be refused or will someone reach out?

Sorry also with regard to the absence days, do you count the day you left the UK and arrived or only count the days you were actually outside the UK?

Thanks so much!

[Morobek]

Hi there

I was on a tier 2 general but after a year and a half was dismissed, 2 months later I got another sponsor, but never received a curtailment letter. The initial BRP was effective 24/08 (issued) but we only arrived in the country 13/09. When we apply for ILR, which date do we use, the arrival date or the initial BRP date?

[CR001]

1. Please do NOT post ilr questions in the skilled worker sub forum.

2. All topics merged. Keep all your questions in one topic,this one, in the ilr sub forum.

3. For ilr it starts counting from date of initial visa vignette start date.

[Morobek]

So sorry , bit confused , I wasn’t aware where it was posted apologies. please can you expand on your second point, not sure I follow?

[CR001]

Point two, all questions about the same application to be kept in ONE topic. It is not necessary to start a new topic with each question you have about ilr. All your topics have been merged into one thread, this one, per the forum rules, link below.

announcements/multiple-posts-will-be-lo ... t5722.html

[Morobek]

Ok thanks- just wrt the period between being dismissed and having sponsorship removed and getting a new sponsor, would that effect my ILR application? I think I submitted the application about a month and a half after I was dismissed but didn’t get a curtailment letter?

[CR001]

would that effect my ILR application? I think I submitted the application about a month and a half after I was dismissed but didn’t get a curtailment letter?

No issue.

[Morobek]

Sorry for another question, I was on a tier 2 general, then I was dismissed and got another sponsor, and was granted (but I’m not sure if I was granted FLR or another tier 2 general
Visa) is there a difference? It’s still the same line of work and similar companies?

Also I think I may be behind in my
Taxes, would this effect my ILR application?

[Morobek]

Hi there,

Just another question and so sorry; but how many times can you extend a visa: initially on a Tier 2 general visa, then changed jobs after a year and a half and applied for further leave without a new sponsor - after 5 years, when my current further leave is about to expire, how long can I extend for and how many times before I need to apply for ILR?

[CR001]

What visa exactly do you hold? What exactly does your brp card say??

You have stated you got FLR with another sponsor in one post and then state you got FLR without a sponsor??

Ukvi doesn't simply give out FLR visas because they feel like it. There are also many FLR route visas with different requirements.

If you have tier 2 general, you cannot hold this visa category for lore than 6 years.

[Morobek]

Sorry that was a typo- it says tier 2 general, leave to remain- I meant to say I applied WITH a sponsor.

I suppose I’m trying to understand when this current card expires , I would have been here 5 years in total- is there an extension option and how long would that be (to continue living here and in the same job under my sponsor) or do you have to apply for ILR when it expires?

[CR001]

You cannot hold a tier 2 general visa for more than a total of 6 years continuously.

You can apply for ilr once you reach 5 years residence.

So if you want an extension, and have held tier 2 for 5 years already, you can only get one more year as an extension. Provided your sponsor is prepared to issue you a new CoS.

[Morobek]

Ok thanks

[Morobek]

This has been very useful much appreciated: does my tax or anything have an impact on whether ILR is granted? Being behind in tax (underpaying tax for example) or is it safer just to make sure all is payed up?

[AmazonianX]

Ok thanks

At any point it is always a good point to put all your tax affairs in good order.

[Morobek]

Hi I received some guidance form my firm and there is a line I was hoping you could clarify “ The continuous period requirement is the minimum amount of time which a migrant must spend in employment or being active in the UK economy before being eligible to qualify for ILR”

I was initially on a tier 2, was then dismissed and then got my new sponsor and applied for FLR 45 days after I was dismissed which was granted, does this period count against me when I apply for ILR as I wasn’t employed during this time?

[CR001]

does this period count against me when I apply for ILR as I wasn’t employed during this time?

No!!

[Morobek]

Appreciate your response, I was hoping perhaps you could help me understand why this is the case? I was told by my previous company that they had to revoke my sponsorship but never received a curtailment letter. I get that you said “no” but just curious why that is as I technically wasn’t employed during my 5 year tenure?

[CR001]

There is no longer a rule about a max employment gap on tier 2. It was removed a couple of years ago.

indefinite-leave-to-remain/great-news-6 ... 44892.html

[Morobek]

https://assets.publishing.service.gov.u ... 2.0ext.pdf

But the above doc is from Dec 2020? Sorry just trying to understand that is all.