Tier 2 (change of employer) - ILR eligibility

[ninok]

Dear all,

I have looked at the UKBA website, now changed to gov.uk, however still feel a lot of confusion around timelines for ILR application.

Below are my visa history so far:
Sep 2010 - Dec 2011 -Tier 4 (student)
Dec 2011 - Sep 2013 - Tier 1 (post study work)
Sep 2013 - till now - Tier 2 (general) (expires Aug 2016)

I understand that Tier2 can only be issued twice and cannot be longer then 6 years in total (3 + 3). In order to apply to ILR, i need to be under Tier2 for at least 5 years (Tier 4 and Tier 1 are not counted), which means that i will need to apply to ILR in my last year of second Tier2.

What will happen with the timing if at some point i change employer? e.g. i decide to change employer this year (2015). New sponsor will need to apply for Tier2 extension/new visa. Will it be considered as my second Tier2 visa and will be valid for another 3 years (till 2018) or can it be extended for longer? In this case 5 years requirements could be a problem for ILR (2+3).....

Also it was mentioned on the forum that you can have employer unlimited number of times, not sure how it corresponds to the fact of only two Tier2 visas per person.

I am sure i am missing an important nuance here, so would appreciate any help!

[moonlight55]

There is no limit of how many Tier 2 visa you can apply. The limit is on the total no. of years spent on Tier 2 which is capped to 6 years.

Also, when you switch employers, you will have to apply for a new Tier 2 visa and your visa continuity remains for ILR purposes. Also, the total of previously spent time on Tier 2 and the new visa duration cannot be greater than 6 years.

[ninok]

Great, thank you.

[jkcool]

There is no limit of how many Tier 2 visa you can apply. The limit is on the total no. of years spent on Tier 2 which is capped to 6 years.

Also, when you switch employers, you will have to apply for a new Tier 2 visa and your visa continuity remains for ILR purposes. Also, the total of previously spent time on Tier 2 and the new visa duration cannot be greater than 6 years.

For ILR eligibility will it count time in Tier 2 General and as a dependant of Tier 2 General also.

For example : If I work for 3 years on Tier 2 General and if I swicth to Tier 2 General Dependant and work for another 2 years, will I be able to apply for ILR ?

[CR001]

For ILR eligibility will it count time in Tier 2 General and as a dependant of Tier 2 General also.

For example : If I work for 3 years on Tier 2 General and if I swicth to Tier 2 General Dependant and work for another 2 years, will I be able to apply for ILR ?

No, you cannot combine the time like that unless applying for ILR based on Long Residence. You would need 5 years as Tier 2 visa OR 5 years as PBS dependent (post July 2012) rules.

[jkcool]

No, you cannot combine the time like that unless applying for ILR based on Long Residence. You would need 5 years as Tier 2 visa OR 5 years as PBS dependent (post July 2012) rules.

Thank you so much for the clarifications. I have been searching for a definite answer. Because even though the visa type is Tier 2 for a PBS dependent , I was under the impression that the 5 year counts. So it's better for me to continue on Tier 2 general to become eligible for ILR than switching Tier 2.