Tier 2 route to ILR - change of employment

[Hayman]

Hello Everyone,

I'd like to ask questions on my ILR application via the Tier 2 route. I would appreciate you so much if you could provide me with some advice on my application.

I am holding Tier 2 visa since 10.03.2015 (twice extensions application under some employers). My current Tier 2 visa valid until 14th July 2020.

1. My first question is about the earliest application date, is it 11th Feb 2020 according to the visa valid date or 16th Feb 2020 according to my job commence date (15.03.2015)?

2. Recently, I received an open-ended job offer from a different employer (another HE institution) in the UK. The commence date is 24th Feb 2020 and the employer will provide the 1-year CoS for my Tier 2 visa application (24th Feb 2020 to 23rd Feb 2021) due to the maximum 6 years rules for Tier 2. I'd like to ask if I could apply ILR directly using the new contract or I have to apply for Tier 2 extension first (under different employer) and then go for ILR.

3. If I have to apply for a Tier 2 extension first. Does my wife need to renew her Tier 2 dependent visa (valid until 14th July 2020) Or she can renew her visa as ILR dependant when I plan to apply for ILR in June 2020?

Thank you in advance for your help .

Hayman

[CR001]

1. My first question is about the earliest application date, is it 11th Feb 2020 according to the visa valid date or 16th Feb 2020 according to my job commence date (15.03.2015)?

You can apply no sooner than within 28 days before your initial visa issue date.

2. Recently, I received an open-ended job offer from a different employer (another HE institution) in the UK. The commence date is 24th Feb 2020 and the employer will provide the 1-year CoS for my Tier 2 visa application (24th Feb 2020 to 23rd Feb 2021) due to the maximum 6 years rules for Tier 2. I'd like to ask if I could apply ILR directly using the new contract or I have to apply for Tier 2 extension first (under different employer) and then go for ILR.

Your new job will be irrelevant to your ILR application. You can only apply for ILR when you are in employment with your Tier 2 Sponsor and meet the requirements. A job offer with another company or sponsor doesn't count unless you have a visa sponsored by the employer.

3. If I have to apply for a Tier 2 extension first. Does my wife need to renew her Tier 2 dependent visa (valid until 14th July 2020) Or she can renew her visa as ILR dependant when I plan to apply for ILR in June 2020?

When did she get her initial visa?? She can extend her PBS Dependent visa shortly before it expires. Do NOT switch her to ILR dependent as her ILR clock will reset to zero and a new 5 years residence period.

[Hayman]

Thank you very much for your reply.

Please correct me if I am wrong. According to your answers, I have to apply for Tier 2 visa first as the I have already informed my current employer about my leaving date and I could not obtain the employment supporting document required by Home office.

My wife got her Tier 2 dependant visa from July 2018, thus, I only need to extend my Tier 2 visa for one year and then apply for ILR before July 2020 under my new employer. I think I have to switch her to ILR dependant as she is not qualified for ILR via PBS route as me. Thank you.

Hayman

[CR001]

Please correct me if I am wrong. According to your answers, I have to apply for Tier 2 visa first as the I have already informed my current employer about my leaving date and I could not obtain the employment supporting document required by Home office.

Yes, you will then have to apply for a new Tier 2 General visa and have at least 1 months payslip and corresponding bank statement plus employment letter before you can apply for ILR.

My wife got her Tier 2 dependant visa from July 2018, thus, I only need to extend my Tier 2 visa for one year and then apply for ILR before July 2020 under my new employer. I think I have to switch her to ILR dependant as she is not qualified for ILR via PBS route as me.

No, you do NOT have to switch her visa category. The rules allow her to stay on her current visa provided you get ILR based on tier 2 and she can continue extending her PBS Dependent visa until she qualifies for ILR on form SET(O). She would only have to switch categories if you apply for ILR based on 10 years long residence.

[Hayman]

Thank you so much for getting it back soon. It's really very helpful.

That sounds absolutely great for my wife if she could stay at PBS dependant visa route. Thank you again for your kind help!

[CR001]

You're welcome. I have posted a link below to the rules where this is stated for you.

immigration-for-family-members/dependan ... 14832.html