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Tier 2 - ILR eligibility help

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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inserioustrouble
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Joined: Mon Apr 24, 2017 2:03 pm

Tier 2 - ILR eligibility help

Post by inserioustrouble » Mon Apr 24, 2017 3:13 pm

Dear all helpful members,

I am in a very confusing situation, and really seeking for experienced advise. Thanks in Advance.

Well I have applied for Tier 2 visa with one IT Company in August 2014. and Visa got approved after few days. but unfortunately they had some tax issues going on with UKVI which I was not aware of. Company stopped giving us salaries in JAN 2015 and informed us to find new job. I started finding new role. Which took months and in April I got Curtailment letter from HO and given time until July. I was keep trying to get new role with Tier 2 offer but It was really tough to get job with work permit offer. just before Curtailment date finish I got interviewed with one of the big names in UK for IT. I got job offer just before curtailment finished but issue was Company need to advertise job and for 28 days and then I would be able to apply for visa. I requested legal advise from by solicitor and he said don't go for your grace period as you are not sure hiring process could be finished in 28 days. So as per his suggestion I applied for FLR(O) just to stay as legal before I get CoS from my new employer. After 28 days advertisement I got offer letter with assigned CoS. So before finger prints I withdrawal by FLR(O) application and putted new Tier 2 Application which was successful and I started working with new employer. I got redundant in April 2016 due to business account was closed on which I was working on. again in the market for hunting new role :)
Finally got offer in Nov. 2016 and got my new visa in December 2016. Job is still going on.

Not sure my 5 year Continues employment time is broken on the basis on:
1) First employer said He never informed UKVI that my job is finished, as Licence was revoked in Jan-2015 and Company got liquidised in April. Not sure if its true
2) I never got curtailment letter from second job, which means they did not informed UKVI ? I am guessing as when I asked this question just before getting new visa in Nov. 2016. HR responded in a confusing way but to say we informed UKVI same day you left (which is doubtful)

Now on all above situation Could you all please help me with the following questions:

1) How can I confirm my visa&employment dates with HO and how can see if employment period did not break?
2) Its almost 2.5 years spend on Tier 2. Is it worth of waiting for rest to get ILR on tier 2 basis or change into different category?
3) Lets say If I apply for ILR after 2.5 years now. If refused Could I still apply under 10 year router which will be in 2021?
4) If by the time I apply for ILR I will on Tier 2 visa, In case of refusal I will still be back on tier 2 or that visa will be cancelled?
5) Any chances to get Tier 1 (E)?

I would really appreciate your help on this. Many Thanks

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CR001
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Re: Tier 2 - ILR eligibility help

Post by CR001 » Mon Apr 24, 2017 3:23 pm

You have more than one instance of a gap of more than 60 days between leaving a job and applying for a new visa. This will be an issue for ILR.

What is your full UK immigration history, with dates?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

inserioustrouble
Newly Registered
Posts: 8
Joined: Mon Apr 24, 2017 2:03 pm

Re: Tier 2 - ILR eligibility help

Post by inserioustrouble » Mon Apr 24, 2017 11:04 pm

Thanks CR001 for your prompt reply.

Arrived UK on Student visa Feb-2011 until August 2014.
August 2014 - July 2015 Tier 2 General
July 2015 FLR(O)
August 2015 FLR(O) application withdrawn and applies for Tier 2 G until Nov. 2016 (Job was finished in April but dud not receive any curtailment letter)
Nov. 2016 to new Tier 2 until 2018

Total period in UK over 6 years now
Tier 2 - 2.5 years

Could you please also answer my questions asked above. Many Thanks

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CR001
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Re: Tier 2 - ILR eligibility help

Post by CR001 » Tue Apr 25, 2017 8:04 am

1) How can I confirm my visa&employment dates with HO and how can see if employment period did not break?
Do a Subject Access Request. However, if your employment ended in April 2015 and you only applied again in August 2015, you have more than 60 days between employment/new T2G application and this is an issue for ILR and is clearly stated in the rules. This is regardless of you NOT receiving a curtailment letter (which can take many months to reach you provided HO have you correct address).
2) Its almost 2.5 years spend on Tier 2. Is it worth of waiting for rest to get ILR on tier 2 basis or change into different category?
See comment about about gap in employment. What category you can change to depends on what other visa you qualify for. No one can tell you this as we, a bunch of strangers, don't know your circumstances.
3) Lets say If I apply for ILR after 2.5 years now. If refused Could I still apply under 10 year router which will be in 2021?

Only if you manage to reach 2021 without making frivolous and vexatious applications to 'buy time' (yes, HO is very aware of this ruse and your FLR(O) app will already be on their record and radar). Both routes of ILR, HO will check that you have met the requirements of all visas held.
4) If by the time I apply for ILR I will on Tier 2 visa, In case of refusal I will still be back on tier 2 or that visa will be cancelled?
If ILR based on Tier 2 General is refused and you still have a valid visa, your existing visa will not be affected.
5) Any chances to get Tier 1 (E)?

Not the easiest to get as this route has had a lot of abuse. So it all depends on your business plan and if you have £200k available to invest in a business or start a new business and then meet all the requirements of this visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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