Will a Tier 2 extension get me another 3 years?

[Quackster79]

Hello,

I was on a Tier 2 General from the August 2011 to September 2013. A change of employer application made in September 2013 (before the expiry of my Tier 2 visa), was refused and I left the country following legal advice. This also terminated my contract with my second employer.

An out of country application (with my second employer) was made in December 2013, which was refused. Another out of country application was then made in February 2014, which was granted and I was back in employment from March 2014, on a Tier 2 visa that is valid till March 2017. A new employment contract was put in to place starting March 2014.

I made an application for ILR in October 2016, presuming I qualified, after following legal advice that confirmed my eligibility. I was refused on the basis that my continuous period was broken when I had to leave the UK to make the out of country applications.

I have currently been given legal advice that I can apply for an extension in February 2017, wherein the duration of my extension will be a maximum of 3 years.

Is this accurate? I feel that my previous 2 Tier 2 durations may already contribute to that 6 year period and therefore an extension may only get me another year. But then the UKBA have confirmed that my continuous 5 year period has been broken with the refusal of my ILR application. Does this mean that my continuous 5 year period restarted after the commencement of employment with my second employer in March 2014?

I would be grateful for any advice and guidance.

Many thanks
Quack

[Djsuccess]

Hello,

I was on a Tier 2 General from the August 2011 to September 2013. A change of employer application made in September 2013 (before the expiry of my Tier 2 visa), was refused and I left the country following legal advice. This also terminated my contract with my second employer.

An out of country application (with my second employer) was made in December 2013, which was refused. Another out of country application was then made in February 2014, which was granted and I was back in employment from March 2014, on a Tier 2 visa that is valid till March 2017. A new employment contract was put in to place starting March 2014.

I made an application for ILR in October 2016, presuming I qualified, after following legal advice that confirmed my eligibility. I was refused on the basis that my continuous period was broken when I had to leave the UK to make the out of country applications.

I have currently been given legal advice that I can apply for an extension in February 2017, wherein the duration of my extension will be a maximum of 3 years.

Is this accurate? I feel that my previous 2 Tier 2 durations may already contribute to that 6 year period and therefore an extension may only get me another year. But then the UKBA have confirmed that my continuous 5 year period has been broken with the refusal of my ILR application. Does this mean that my continuous 5 year period restarted after the commencement of employment with my second employer in March 2014?

I would be grateful for any advice and guidance.

Many thanks
Quack

Hello,

You were wrongly advised. your continuous residence count towards ILR was lost when you left the country so you have to start all over again when you re entered the country in March 2014.

So yes, you can extend your visa for another 3 years and should be qualified for ILR around March 2019.

[Quackster79]

Hello DJ,

Many thanks for the response.

This does give me some reassurance and I am grateful!

If I had a penny for every time I was wrongly advised....! Couple that with the all the fees I've given to the Home Office and you're looking at a stonking retirement package!

Once again, many thanks .

Best wishes
Quack