Dear All,
Background:
I came to UK on 17/10/2012 on a Tier 4 (General) visa.
On 17/04/2015 I got my first Tier 2 General visa. Unfortunately it was curtailed on 20/04/2016 and the leave to remain was curtailed to expire on 22/06/2016.
Meanwhile I kept applying for jobs and was offered a job on 15/06/2016, my employer did not have a sponsorship license and they decided to apply for it upon my acceptance to the offer. On the grounds of that my employer sort out the license and issue me a CoS, I applied for FLR-O on 18/06/2016 by myself.
On 26/10/2016, I applied to vary my application to Tier 2 as my employer issed me a CoS while the FLR-O application was still pending.
On 21/12/2016 the Tier 2 application was refused due to few technical errors (RMLT, salary threshold) in the CoS.
On 07/012017, I applied for an AR against that decision through a solicitor. On 02/02/2017, I received the AR decision where the actual refusal decision was maintained. Straight after receiving that decision my solicitor sent a Pre-Action Protocol letter for a JR.
Meanwhile, my employer issued me another CoS and instead of going for the JR, I have submitted a 2nd Tier 2 application on 23/02/2017. On 11/03/2017, my 2nd Tier 2 application was again refused due to the salary threshold.
My employer issued me a 3rd CoS where I made another Tier 2 application on 16/03/2017, this time finally I was granted leave to remain as Tier 2 General on 12/04/2017 valid until 14/04/2020.
I am thinking to apply for an extension to my current Tier 2 visa next year, I have few questions regarding the IlR and further extensions.
If I apply for an extension would it be granted till max April 2021 or beyond that?
Would the gap from the AR decision (02/02/2017) to the 2nd Tier 2 application (23/02/2017) would break the continuity for an ILR (5 years Tier 2) application even when my solicitor had sent a pre-action protocol letter for a JR on time?
Would the Tier 2 years count be done from my first Tier 2 visa in this case or would it be reset after this gap?
If in case the years are counted from first Tier 2 visa that will mean that I can get a max extension till April 2021, what other options are available for me to get the extension beyond that or to avoid cooling off period, not sure if the new rules after brexit would have some changes in my favor, I read about it the main upcoming changes might be removing cap, RMLT.
In 2022, I would be also eligible to apply for an ILR on 10 years basis, not sure if the same gap issue will affect that too or the criteria for that might be different?
Would really appreciate any reviews from the expert here and also would be great to hear from people been through the same experience as mine.
Thanks
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