Tier 2 Extension and Settlement after April 2012 new rules

[mirzanaveed]

Submitted Tier2 (General) application on 15th April 2011

Tier2 (General) visa approved on 7th July 2011 and switched from Post study work.

3 years initial leave was granted up to 22 April 2014.

My questions are:

1. If I apply for Tier2 extension in April 2014 it will be for 2 years or 3 years?

2. If extension is for 2 years then I will be short of 75 days(submitted application on 15th April 2011 but case was decided in July 2011 and visa granted up to 22 April 2014) from 5 years continuous residence because of switching from PSW to tier2, so whether I will be applying for 2nd Tier2 extension or ILR?

3. If eligible for ILR it will be with or without £35000 minimum salary threshold requirement?

I have done search on this but still confused. I will be thankful for any help.

[geriatrix]

1. In line with the immigration rules in effect at the time of such application. For current rules, see 245HE.
2. No comments as your eligibility depends on the period of grant of leave.
3a. Before 06-Apr-16, you must be earning at least at the rate specified for the relevant SOC corresponding to the job you will be employed in at the time of settlement application (245HF(d)(ii)).
3b. From 06-Apr-16, your pay must be either be GBP 35000 or at least at the rate specified for the relevant SOC for your job, whichever is higher.

[mirzanaveed]

Thank you for replying sushdmehta.

After reading 245HE conclusion is

Please guide me if mistaken anything.

1. There is no specific 2 years extension and maximum I can get is 6 years - first grant of leave in Tier2. ( - is minus sign). Is this correct?

Because I applied after 6 April 2011 and switched from PSW inside UK so following applicable to my Tier2 extension application:

245HE. Period and conditions of grant

(e) If paragraph (a) does not apply, leave to remain will be granted for:

(i) the length of the period of engagement plus 14 days,

(ii) a period of 3 years plus 14 days, or

(iii) a period equal to 6 years less X,

whichever is the shorter. If the calculation of the period of leave comes to zero or a negative number, leave to remain will be refused.


2. As I will be eligible for ILR after 06-Apr-2016 (continuous period of 5 years lawfully in the UK suppose from 7-july-2011 to 7-july-2016), so my pay must be either GBP 35000, or at least at the rate specified for the relevant SOC for my job, whichever is higher. Is this correct?

3. Can someone please explain the following 245HE (f)?
in addition to the periods in paragraphs (d) and (e), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking Service records as the start date of employment in the UK, provided this is not a negative value.

Please guide me if mistaken anything.