Tier-2 General to ILR Eligibility Criteria

[seemapandian]

Hi,

I'm on Tier-2 General visa and below are my visa details:

Visa valid from : 24-Feb-2016 till 18-Jan-2021
Entered UK on : 21-Mar-2016.

Based on the information gathered from this forum, I understand that I can apply for ILR 28 days before visa start date which is "27-Jan-2021" (i.e. 24-Feb-2016 minus 28 days). Am I correct?

My visa expires on 18-Jan-2021. But, I'm eligible to apply for ILR on "27-Jan-2021" and this is beyond my visa expiry date (9 days). Can you please advice?

Is there any criteria that I have to complete 5 years of continuous residence in UK? If I calculate from my entry in UK, I'm completing 5yrs of residence only on 21-Mar-2021. Is this a problem?

Thanks in advance.

[seagul]

Hi,

I'm on Tier-2 General visa and below are my visa details:

Visa valid from : 24-Feb-2016 till 18-Jan-2021
Entered UK on : 21-Mar-2016.

Based on the information gathered from this forum, I understand that I can apply for ILR 28 days before visa start date which is "27-Jan-2021" (i.e. 24-Feb-2016 minus 28 days). Am I correct?

My visa expires on 18-Jan-2021. But, I'm eligible to apply for ILR on "27-Jan-2021" and this is beyond my visa expiry date (9 days). Can you please advice?

Is there any criteria that I have to complete 5 years of continuous residence in UK? If I calculate from my entry in UK, I'm completing 5yrs of residence only on 21-Mar-2021. Is this a problem?

Thanks in advance.

You can apply one day before of expiry and then book your biometrics after 27th January to benefit by the discretion where you need to be qualified on the date of decision.

[seemapandian]

Thanks Seagul for your response.

I feel applying ILR one day before the Visa expiry date is bit risky. Instead, Can I apply for 1 year extension and then apply for ILR during the extension period?

[srsw]

Thanks Seagul for your response.

I feel applying ILR one day before the Visa expiry date is bit risky. Instead, Can I apply for 1 year extension and then apply for ILR during the extension period?

It's not risky as you are still applying in time, however if your are not comfortable with that approach then yes you can apply for extension and then apply for ILR.

(Or) you can apply for extension application, say 1 week before your visa expiry date and then vary your application before providing biometrics and on or after the date you are eligible for ILR. You'll get your extension fee & IHS fee refund.

[CULLINAN]

(Or) you can apply for extension application, say 1 week before your visa expiry date and then vary your application before AFTER providing biometrics and on or after the date you are eligible for ILR. You'll get your extension fee & IHS fee refund.

You must provide biometrics for extension application to make the application valid before you can vary it, if a decision is not made yet on extension application.

[seemapandian]

Thanks again srsw and CULLINAN. I will try to find the required documents and procedures for ILR application and see if I can apply as per your suggestion.

I have 2 dependents and they came to UK on Nov 2016. Their visa End date is same as mine. I have got new COS from my employer for 1 year extension. I need to apply extension for my dependents. Is it possible to apply extension for my dependents while I (main applicant) apply for ILR?

[CULLINAN]

Thanks again srsw and CULLINAN. I will try to find the required documents and procedures for ILR application and see if I can apply as per your suggestion.

I have 2 dependents and they came to UK on Nov 2016. Their visa End date is same as mine. I have got new COS from my employer for 1 year extension. I need to apply extension for my dependents. Is it possible to apply extension for my dependents while I (main applicant) apply for ILR?

When was your dependents initial visa issued?

[seagul]

Thanks Seagul for your response.
I feel applying ILR one day before the Visa expiry date is bit risky. Instead, Can I apply for 1 year extension and then apply for ILR during the extension period?

I will try to find the required documents and procedures for ILR application and see if I can apply as per your suggestion.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... gov-uk.pdf

[srsw]

(Or) you can apply for extension application, say 1 week before your visa expiry date and then vary your application before AFTER providing biometrics and on or after the date you are eligible for ILR. You'll get your extension fee & IHS fee refund.

You must provide biometrics for extension application to make the application valid before you can vary it, if a decision is not made yet on extension application.

Thanks for the correction Cullinan!

[CULLINAN]

Thanks again srsw and CULLINAN. I will try to find the required documents and procedures for ILR application and see if I can apply as per your suggestion.

Note, there are two different approach listed above in the thread. Follow the approach you are comfortable with.

[seemapandian]

My dependent's Visa start date is 02-Nov-2016 and valid up to 18-Jan-2021. I have received new COS from my employer for another 1 year. As, I will be applying for my ILR application in January, Can I apply for my dependent's extension visa now (without main applicant)?

Thanks.

[CULLINAN]

My dependent's Visa start date is 02-Nov-2016 and valid up to 18-Jan-2021. I have received new COS from my employer for another 1 year. As, I will be applying for my ILR application in January, Can I apply for my dependent's extension visa now (without main applicant)?

Thanks.

It is best to extend their visas (before expiry) when you apply for your own ILR. Their decisions will only be made after your application is decided first. Their applications will only be successful if yours is successful.

[seemapandian]

Thanks again. I have one last question. The new COS (1 year) for extension is having SOC code 2136 (falling under shortage occupation) and my old COS (issued in year 2016) had SOC code 2139. But, the job description is same in both COS. Does that make any difference in the Visa extension application or ILR application? Like treated as new Visa and reset ILR clock?