Tier 2 to ILR - 5 Year rule

[huqqapani]

Hi,

I finished my studies my masters in Summer 2008 and was offered a job with 4 year work permit in December 2008. The job though, started in September 2008. My student visa was originally valid till December 2008, so the UKBA issued the work permit from December 2008 to December 2012. I now have a Tier 2 which is valid till Jan 2016.

QUESTION: To apply for ILR under 5 year Tier 2 rule, Do i have to wait until December 2013 or do i apply in September 2013.

Any advice is greatly appreciated.

[physicskate]

Hi,

I finished my studies my masters in Summer 2008 and was offered a job with 4 year work permit in December 2008. The job though, started in September 2008. My student visa was originally valid till December 2008, so the UKBA issued the work permit from December 2008 to December 2012. I now have a Tier 2 which is valid till Jan 2016.

QUESTION: To apply for ILR under 5 year Tier 2 rule, Do i have to wait until December 2013 or do i apply in September 2013.

Any advice is greatly appreciated.

28 days before your 5 year anniversary of being on a Tier 2 visa. So Nov/ Dec 2013. Your time under Tier 4 visa does not count towards your 5 years to ILR.

[huqqapani]

28 days before your 5 year anniversary of being on a Tier 2 visa. So Nov/ Dec 2013. Your time under Tier 4 visa does not count towards your 5 years to ILR.

Thanks for the info. I Will qualify for 10 years long residence in September 2013.

What would your and other Experts on this forum, that which route is better to take. I would personally like to apply PEO but not sure whether PEO service is available for Long residence application.

Also, my wife (married in Oct 2010 back home) who joined me June 2011 in UK, she would have been with me here for over 2 years when i apply for ILR in september or december. Can she apply for ILR same time as me ?

[vinny]

I would personally like to apply PEO but not sure whether PEO service is available for Long residence application.

No.

Also, my wife (married in Oct 2010 back home) who joined me June 2011 in UK, she would have been with me here for over 2 years when i apply for ILR in september or december. Can she apply for ILR same time as me ?

Possible, if you apply for ILR under Tier 2. Not if you apply under Long residence.

[huqqapani]

I would personally like to apply PEO but not sure whether PEO service is available for Long residence application.

No.

Also, my wife (married in Oct 2010 back home) who joined me June 2011 in UK, she would have been with me here for over 2 years when i apply for ILR in september or december. Can she apply for ILR same time as me ?

Possible, if you apply for ILR under Tier 2. Not if you apply under Long residence.

Vinny, thanks alot.... Looking at Cohabitation documents for our sustained marriage, in my last Tier 2 application, UKBA have retained my bank statements, and P60 (or P45s) ? Is it worth requesting those documents back from UKBA as I will need them ? Right ?

[vinny]

They should have returned your original documents.

[huqqapani]

They should have returned your original documents.

THanks again Vinny. Is there a preferred way of requesting these documents back.

Also, my last Tier 2 application (Feb 2013) was a variation to an FLR O application (Dec 2012) for which no biometrics were ever requested. But i was charged twice (Tier 2 and FLR O), Is it possible to request a refund from UKBA and if yes, what is it please ? They owe me £842 which were indeed hard earned.

[vinny]

If you have your caseworker's contact details, then write to him/her.