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Counting 5 years on Tier 2 General

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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ArindamD
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Joined: Thu Apr 16, 2015 2:39 pm

Counting 5 years on Tier 2 General

Post by ArindamD » Sun Jun 18, 2017 9:36 pm

Hello everyone, hope you're doing fantastic.

I have a question in regards to my upcoming ILR application. I'm not sure when I'll be eligible to apply for the application. I'm really confused over the start date of the Tier 2 (G) visa.

My details as follows:

PSW (Tier 1?) was valid until 18-08-12
I then moved to Tier 2 General visa...
First Tier 2 General was valid until 14-06-2015 (Date of issue 26-09-2012)
I applied for extension in 2015, got a 3 years extension...
Extension Tier 2 General is valid until 29-06-2018 (Date of issue 06-06-2015)

I'm struggling to figure out what date is the earliest I can apply for settlement.

Could any of you here help me out with this one, please? I'd really appreciate it.

Many thanks in advance.

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CR001
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Re: Counting 5 years on Tier 2 General

Post by CR001 » Sun Jun 18, 2017 10:09 pm

Date of issue 26-09-2012
No sooner than WITHIN 28 days before the visa start date and 5 years residence.
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ArindamD
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Posts: 14
Joined: Thu Apr 16, 2015 2:39 pm

Re: Counting 5 years on Tier 2 General

Post by ArindamD » Sun Jun 18, 2017 10:20 pm

I'm not sure if this is correct, it says date of issue, NOT start date. If it were, then firstly I would have been without any visa from 12 Aug 2012 (being PSW end date ) till 26 Sept 2012, secondly how would UKBA come up with the end date 14 Jun 2015 on 1st Tier 2 gen visa?

secret.simon
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Re: Counting 5 years on Tier 2 General

Post by secret.simon » Sun Jun 18, 2017 10:32 pm

ArindamD wrote:I would have been without any visa from 12 Aug 2012 (being PSW end date ) till 26 Sept 2012
If you applied for Tier 2 visa before 12th August 2012 (end of PSW), then your pending application would have extended the previous visa (the PSW visa) automatically under Section 3C until the issue of your new (Tier 2) visa.
ArindamD wrote:secondly how would UKBA come up with the end date 14 Jun 2015 on 1st Tier 2 gen visa?
Apply for a SAR with the Home Office to understand how the caseworker processed your initial Tier 2 application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ArindamD
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Posts: 14
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Re: Counting 5 years on Tier 2 General

Post by ArindamD » Mon Jun 19, 2017 12:16 am

Thank you both for your input. Much appreciated. It seems the end date of the visa is always 14 days after the CoS Work end date, it satisfies both scenarios in my case. So I guess I have to wait till September. Thanks again, good day.

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