Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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mangomm
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by mangomm » Mon May 16, 2016 9:26 am
Hello there,
I have received mixed messages from lawyers regarding the number of Tier 2 (Employer Sponsored) visas one can have.
Is there a limit to the number of Tier 2 visas one can attain consecutively? E.g. I have had three Tier 2 visas in a row, and have been instructed by a lawyer that I cannot apply for another Tier 2 visa before applying for Indefinite Leave to Remain. Is this accurate? Or, can I apply for a fourth Tier 2 visa with a new sponsor if need be?
Many thanks for any guidance you can offer!
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gag285
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by gag285 » Mon May 16, 2016 10:03 am
You will have to afford more information for an accurate response. Tier 2 is a generic work visa class with categories. You would need to clarify the dates of your previous leaves and their categories.
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mangomm
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by mangomm » Mon May 16, 2016 11:46 am
Thanks for your response.
My history is as follows:
2010-2011 Tier 4 General Student Visa
2011-2013 Tier 1 Post Study Work Visa
2013-2014 Tier 2 General Visa (Sponsored)
2014-2015 Tier 2 General Visa (Sponsored)
2015-2018 Tier 2 General Visa (Sponsored)
Please let me know if there is anything else I should clarify or add.
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gag285
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by gag285 » Mon May 16, 2016 1:04 pm
Well from the dates given , it seems your solicitor is right. Since you switched into Tier 2 in 2013,you should have upto 5 years before either applying for an ILR or serving a 12 month cool off. Any reasons why would you not consider ILR unless you do not meet the eligibility requirements.
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mangomm
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by mangomm » Mon May 16, 2016 1:07 pm
I have been exploring the possibility of changing jobs and therefore sponsors, which would mean applying for a new Tier 2 Sponsored Work Visa. Is it correct that this would not be possible, and I need to stay in my current Tier 2 Sponsored Work Visa until 2018, when I can apply for ILR?
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iworker
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by iworker » Mon May 16, 2016 1:33 pm
so the so called solicitor is wrong. you can change sponsors every month if u want. what u cant do is, have continuous teir2 leave for more than 6 years straight.
either these people just want to make some extra money on the side while specializing in some other fields, or they never went to school to read the basic law, but still insist on calling themselves solicitor.
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gag285
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by gag285 » Mon May 16, 2016 2:24 pm
mangomm wrote:I have been exploring the possibility of changing jobs and therefore sponsors, which would mean applying for a new Tier 2 Sponsored Work Visa. Is it correct that this would not be possible, and I need to stay in my current Tier 2 Sponsored Work Visa until 2018, when I can apply for ILR?
Ok my assertion was based on your intention to extend beyond 2018. You can most certainly change sponsors like iWorker says but you would be restricted by the maximum time you can stay on Tier 2 (5 years if you switched into this visa in the UK). To simplify, you are only restricted by the time in Tier 2 not the time with a sponsor/employer. Hope that helps
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dialectic
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by dialectic » Mon May 16, 2016 3:09 pm
gag285 wrote:mangomm wrote:I have been exploring the possibility of changing jobs and therefore sponsors, which would mean applying for a new Tier 2 Sponsored Work Visa. Is it correct that this would not be possible, and I need to stay in my current Tier 2 Sponsored Work Visa until 2018, when I can apply for ILR?
Ok my assertion was based on your intention to extend beyond 2018. You can most certainly change sponsors like iWorker says but you would be restricted by the maximum time you can stay on Tier 2 (5 years if you switched into this visa in the UK). To simplify, you are only restricted by the time in Tier 2 not the time with a sponsor/employer. Hope that helps
Hi . I wanted to clarify. You are restricted to 6 years on tier 2 if you came into the country on that category but restricted to 5 years if you switched to tier 2 in country? Can someone point at the page/paragraph on the guidance that says that?
Thank you
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mangomm
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by mangomm » Mon May 16, 2016 3:43 pm
Thank you for clarifying that, it is really helpful!
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iworker
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by iworker » Tue May 17, 2016 8:56 am
max of 6 years, doesnt matter u changed in country or came into the uk on tier 2
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gag285
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by gag285 » Tue May 17, 2016 10:09 am
iworker wrote:max of 6 years, doesnt matter u changed in country or came into the uk on tier 2
Ok i am reading from here - https://www.gov.uk/tier-2-general/switch-to-this-visa.. Section - How long you can stay - It states - You can stay in the UK for up to 5 years after switching to a Tier 2 (General) visa.
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iworker
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by iworker » Tue May 17, 2016 10:12 am
thats about 1 visa. a tier 2 visa can be issued for a max of 5 years. can be lesser (this is both, entry clearance and while switching from other type of visa). However, once that 5 years end, u can apply for extension for another year, as max time on tier 2 in one go is 6 years before u have to serve 1 year cooling off.
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gag285
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by gag285 » Tue May 17, 2016 10:41 am
iworker wrote:thats about 1 visa. a tier 2 visa can be issued for a max of 5 years. can be lesser (this is both, entry clearance and while switching from other type of visa). However, once that 5 years end, u can apply for extension for another year, as max time on tier 2 in one go is 6 years before u have to serve 1 year cooling off.
Aah - Classic misinterpretition. I switched myself from a Tier 4 dep to Tier 2 General and assumed my max stay is 5 years as indicated in the BRP and during which (28 days before the end date) I would apply for an ILR subject to meeting other conditions at the time. Thanks for clarifying.