Tier 2 Period to ILR

[virpic7]

Hi

I was granted a Tier 2 General Visa from 15th July 2009 - 25th May 2012.

Although my employer asked for a full 3 years from 19th May 2009 to 20

May 2012, due to application processing time, I was given a visa in July 2009.

I will be applying for the Tier 2 extension in May for another 2 years.

So the total period for Tier would be 4 Years 10 Months, 12 days. Which

mean I will fall short of the ILR Period requirement for 5 years. Is is

possible to send a cover letter explaining the situation, and ask for the

extension to be granted to cover that missing period as well.

My employer is willing to put the missing period including 2 years on my COS.


Thanks

[GB09]

I think you can put that information when you apply for ILR. Normally, extension is 2 years, and i'm not sure about more than 2 years of extension.

[aarnags]

@virpic7,

I am in same situation but in my case it would be 4 yrs 11 month.

Case worker can consider this gap as vaild see here

http://www.bia.homeoffice.gov.uk/siteco ... evised-ilr
http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

Employer will not able to issue more than 2 yr COS
In old tier-2, they normally issue visa for 3+2 yrs.

So you should be all right...

Good luck

[virpic7]

@aarnags

Thanks for the information. I'll have a look at the links that you have shared. If i find anything else, I'll post here.

[virpic7]

I have just found this on Tier 2 guidance :

Page : 67

Periods of grant
182. We will always calculate the leave to remain grant period from the start date given on your Certificate of Sponsorship.

This will be:
i. 3 years plus 14 days; or
ii. to the end date given on your Certificate
of Sponsorship plus 14 days
whichever is the shorter period.

The start date on my COS was 19, May 2009 and i was given visa until 25th May 2012. Which makes it 3 Years and 6 days. So i think we should be fine as the Leave to remain is calculated from the start date on the COS and not from the Visa Issue date.