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Does 2ys on Tier 4 count towards 6yrs limit on Tier 2

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Shell242
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United States of America

Does 2ys on Tier 4 count towards 6yrs limit on Tier 2

Post by Shell242 » Mon Apr 13, 2020 10:24 am

Sorry, I posted this in an incorrect forum earlier!

I'm a bit confused on time restrictions. I think this is a simple enquiry but I cannot seem to find the specifics about timelines for different Visa's and IlR/Indefinite Leave.

I moved from the US to the UK September 2015.

I completed my MSc in England under a Tier 4 visa (2015 - 2017). I then received a job offer in a Local Authority in the 6 months grace period under the Tier 4.

I was hired under a 3 year - Tier 2 General in January 2018, expiring February 2021. My employer will be willing to apply for another 3 year visa for me. I am in a shortage list occupation and I meet the salary requirements for the current and proposed post Brexit schemes. I need to clarify.

1. Does time under the Tier 4 visa, count towards the 5 years of continuous residence for the IRL (are their exceptions? Any directions find these would be appreciated)? I am fairly sure the answer is no, but trying to confirm with anyone else who has also read the guidance.

2. I was able to switch to the Tier 2 visa in-Country and which started in January 2018. Does my 6 years under a Tier 2 start at this time, or does it include previous visa (Tier 4) in that 6 year time limit?

I am essentially trying to confirm that my employer will be able to apply for an additional 3 year visa so that when I do meet 5 years residence under the Tier 2, that I can then apply for Indefinite Leave.

Thank you for any information.

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CR001
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Re: Does 2ys on Tier 4 count towards 6yrs limit on Tier 2

Post by CR001 » Mon Apr 13, 2020 10:26 am

1. No. Tier 4 is a completely different visa category with different rules.

2. It starts from the date your tier 2 was granted/issued.

Best not to confuse different visa categories, rules and requirements.

Tier 4 does not lead to ILR as a visa category anyway.
Char (CR001 not Casa)
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Shell242
Newly Registered
Posts: 2
Joined: Mon Apr 13, 2020 9:32 am
United States of America

Re: Does 2ys on Tier 4 count towards 6yrs limit on Tier 2

Post by Shell242 » Mon Apr 13, 2020 10:28 am

Thank you. Appreciated :)

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