timing of my application...

[arsenal49]

i am currently on a tier 2 (general) visa with an expiry date of Jan 2015, which is when my 3-year tier-2 visa is up for renewal.

i am also eligible to apply for ILR based on 10 year rule in Oct 2014.

My questions are:

1. lets say i apply for ILR in Oct 2014, but do not get the decision before Jan 2015 (when my tier 2 expires), will i still be "legal", in Feb 2015?

2. will my employer accept my reasoning that there is an outstanding application with home office, so basically i can still legally work for them, even though my tier 2 visa has expired?

3. should i apply for tier 2 visa in December 2014, and only apply for ILR after receiving extension to my tier 2 visa? i think thats a costly option ( paying exorbitant application fees for tier 2 and ILR)

looking forward to your replies.

thanks

[Amber]

1. Yes.

2. Your employer should use the employer checking service rather than relying on your word.

3. See above.

[arsenal49]

Thanks belatedly for your reply.

I came across this on UKBA website (right at the bottom of the page)

What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

http://www.ukba.homeoffice.gov.uk/visas ... t%28LR%29/

My Tier 2 visa (BRP Card) states the expiry date of Jan 2015. I am struggling to undertsand the sentence in bold above.

Does that mean i will need to stop working beyond Jan 2015 (if my application for ILR is still outstanding) because, well, i understand that my stay in this country will still be legal but will i be breaching immigration laws by working beyond Jan 2015 (which is the date mentioned on my COS, and that was why BRP was issued up until that date.)

Help!

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