Tier 2 General Visa Extension and ILR

[matwalaboy]

Hello,

I have been in the UK for 5 years now as below :-

1. From Nov 2010-Nov 2013 on a Tier-2 ICT established staff
2. From Dec 2013-current on Tier-2 General

My existing Tier-2 visa comes up for renewal in Jan 2017.

My doubts are :-

1. When I apply for extension in 2017 (assuming the rules stay the same then) - can I apply for another 3 years, as I assume the 6 year cap applies to the Tier-2 General category?
2. Assuming the same rules, when can I apply for ILR - is it Dec 2018 or can I apply earlier than that too?

Any help would be much appreciated.

Regards

[geriatrix]

1. You are subject to the 6 year limit restriction (245HE(b)).
2. Dec. 2018.

[matwalaboy]

Thanks for the reply, so that 6 year restriction would be on my tier 2 general right and not a cumulative 6 years from the day I entered the UK I.e. Dec 2010 right, so when I extend in Jan 2017 I will get a visa valid for another 3 years such that I can apply for ILR in Dec 2018 ?

Regards

[matwalaboy]

I see this one http://www.immigrationboards.com/uk-tie ... 74306.html, which seems to suggest I can get a visa extension beyond Dec 2016 (as that's when I would complete 6 years cumulative), if I can't get it extended beyond that then I can't get a ILR - as for that I need to stay here till Dec 2018.

[CR001]

6 years applies to Tier 2 General, not Tier 2 ICT time.

Have you read the link that sushdmehta has provided, it is very clear.

1. You are subject to the 6 year limit restriction (245HE(b)).

[matwalaboy]

6 years applies to Tier 2 General, not Tier 2 ICT time.

Have you read the link that sushdmehta has provided, it is very clear.

1. You are subject to the 6 year limit restriction (245HE(b)).

I did read it and the text is as below :-

(b) The 6 year restriction set out in (a)(iv) will not apply if the applicant:
(i) previously had leave under the Rules in place before 6 April 2011 as:
(1) a Tier 2 (General) Migrant,
(2) a Tier 2 (Minister of Religion) Migrant,
(3) a Tier 2 (Sportsperson) Migrant,
(4) a Jewish Agency Employee,
(5) a Member of the Operational Ground Staff of an Overseas-owned Airline,
(6) a Minister of Religion, Missionary or Member of a Religious Order,
(7) a Qualifying Work Permit Holder, or
(8) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
and
(ii) has not been granted entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant under the Rules in place from 6 April 2011, and
(iii) has not been granted entry clearance, leave to enter or leave to remain in any other category since the grant of leave referred to in (i) above.

Nowhere do I see any reference to 6 year not applying for Tier-2 ICT staff who moved to Tier-2 General, or maybe I just don't understand the language enough (which is quite convoluted to my understanding:( ).

I am just concerned that it shouldn't so happen that I end up applying in Jan 2017 for an extension to my Tier-2 General only to be told sorry it can't be extended further

Apologies for stressing this.

Regards

[CR001]

You do not hold a Tier 2 General that was issued prior to April 2011. Tier 2 ICT is irrelevant in your case.

6 years applies to your time on Tier 2 G only as you have held this since 2013. You will qualify for ILR in December 2018 as has already been advised.

[matwalaboy]

You do not hold a Tier 2 General that was issued prior to April 2011. Tier 2 ICT is irrelevant in your case.

6 years applies to your time on Tier 2 G only as you have held this since 2013. You will qualify for ILR in December 2018 as has already been advised.

Brilliant - clear and concise - puts my doubts at rest now - many thanks, appreciate it