Need clarification on 245HE - after 6 years of tier 2, then?

[leeloy88]

Hi,

I'm very confused and worried regarding the validity period granted on tier 2 visa.

According to 245HE, one person cannot stay on tier 2 longer than 6 years due to the 6-X years rule. So if someone after getting tier 1 for the first time granted 3 years, second one is another 3 years, what happen if he or she cannot get ILR due to any reason (break of 5 years continuous stay, legal convictions etc). Currently there isn't any other type of leave to remain to switch to when tier 2 cannot anymore be extended.

Can some one please help me with this.

[manci]

for ILR the time under Tier 1 (excluding PSW) is aggregated with time under Tier 2G, so if you had 3 years under T1 (excluding PSW) and will have 6 years under T2G your total permitted stay will be 9 years.

Furthermore, if your first T2G leave was granted before 6 April 2011 then there is no limit on the extensions you can apply for.

The above is of course subject to having the required CoSs.

[leeloy88]

for ILR the time under Tier 1 (excluding PSW) is aggregated with time under Tier 2G, so if you had 3 years under T1 (excluding PSW) and will have 6 years under T2G your total permitted stay will be 9 years.

Furthermore, if your first T2G leave was granted before 6 April 2011 then there is no limit on the extensions you can apply for.

The above is of course subject to having the required CoSs.

Thanks manci for your answer.

Unfortunately I started working (after uni) in 2010, that's when they shut tier 1 down (in 2011) so I don't have tier 1. Before my first tier 2, I was under the old student visa.

I got my first tier 2 in July 2010. So in 2013 when it expires, I will apply for my 2nd tier 2 which pressumably will give me another 3 years. But when it comes to 2016, when my 2nd tier 2 expires, with the assumption that rule in 2016 is the same with the current rule) according to 245HE, my application for the third tier 2 will be rejected due to the 6-X rule. So I don't quite agree with your furthermore point. Am I missing something? I'm very worried right now. As ILR doesn't look so bright, business assignment of 6 months abroad .

[leeloy88]

for ILR the time under Tier 1 (excluding PSW) is aggregated with time under Tier 2G, so if you had 3 years under T1 (excluding PSW) and will have 6 years under T2G your total permitted stay will be 9 years.

Furthermore, if your first T2G leave was granted before 6 April 2011 then there is no limit on the extensions you can apply for.

The above is of course subject to having the required CoSs.

I think I got what you meant now. If my initial tier 2 is in 2010 and when I extend it in 2013, it's still a tier 2 under the rule before April 2011, regardless it has been extended in 2013. And so there's no limit on the extensions, is that right?

So say if my initial tier 2g was granted in 2010, but then 2012 if I change employer, get a new tier 2g. Does it mean that I will then be affected by the 6-X years rule?

Please help me with my questions.

[manci]

Your initial T2G leave was granted in 2010.
Referring to 245HE, subparagraphs (a) + (d) would therefore apply rather than (e).

The wording of (a) is:
If the applicant: previously had leave under the Rules in place before 6 April 2011....as a T2G migrant.....
which is your case and the max. 6 year stay rule in subparagraph (e) does not apply.

Changing jobs and getting new CoSs and fresh leave does not affect the situation because you did previously have leave under the rules in place before 6 April 2011.

This is my interpretation in any case. It hinges on the word "previously". In my view in this context it means "at any time in the past" rather than "the last time" or "immediately prior".

Perhaps Gurus/Moderators can comment.

[leeloy88]

Your initial T2G leave was granted in 2010.
Referring to 245HE, subparagraphs (a) + (d) would therefore apply rather than (e).

The wording of (a) is:
If the applicant: previously had leave under the Rules in place before 6 April 2011....as a T2G migrant.....
which is your case and the max. 6 year stay rule in subparagraph (e) does not apply.

Changing jobs and getting new CoSs and fresh leave does not affect the situation because you did previously have leave under the rules in place before 6 April 2011.

This is my interpretation in any case. It hinges on the word "previously". In my view in this context it means "at any time in the past" rather than "the last time" or "immediately prior".

Perhaps Gurus/Moderators can comment.

Thanks so much manci!!

Mods/seniors, please would you be able to comment?

[geriatrix]

Hi, I have asked this question before but it didn't get the answer I was looking for.

Assuming that CoS is a permanent job, can one extend their tier2 only one time so 3+3 or unlimited number of times as long as they have a valid CoS?

According to 245HE, it seems one can only stay on tier 2 for 3+3 years maximum. Then what option for those after 6 years still not eligible for ILR?

Please help me with my questions.

[geriatrix]

Then:
1. Apply for (limited) leave to remain in any other immigration category that you may qualify for at the time ... provided the rules allow you to switch.
No one can tell you today (2012) which immigration categories may be available in 2016 and you may qualify for.
2. Exit UK.

But the restriction doesn't apply to you ... as manci has already explained.

[cml614]

Furthermore, if your first T2G leave was granted before 6 April 2011 then there is no limit on the extensions you can apply for.

The above is of course subject to having the required CoSs.

Hi manci,

Could you send me a link relating to the policies/guidance of the above?

I am granted 2 years enty clearance under T2 (Gen) in 2010 and have applied for an extension this year but was only issued with 2 years. I am wondering as to how many times I can reapply for extension do that I could accumulate the required number of years, which is 5, for me to apply for ILR.

Many thanks!

[geriatrix]

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