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Visa expiring...Next steps?

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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CLS112
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United States of America

Visa expiring...Next steps?

Post by CLS112 » Wed Aug 30, 2017 12:07 pm

Hello. My situation is this:

My Tier 2 ICT Long Term visa was first issued in April 2013 for 2 years and extended an additional 3 (expiring in April 2018). I have made a life for myself here and have a wonderful British citizen partner who has a 10 year old daughter here. (We can't marry just yet as he's in the process of getting a divorce.)

Obviously, I want to stay and had been under the impression I could apply for ILR at the end of my visa time, but recently found out that all the rules changed in 2013 making me ineligible for this route. The UK HR group of my company says I have to leave in April and are not at all helpful because I am no longer their problem.

As you see it, what are my options/next steps? Please help, this is very stressful and will greatly appreciate any advice you can provide.

Thanks.

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CR001
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Re: Visa expiring...Next steps?

Post by CR001 » Wed Aug 30, 2017 12:16 pm

but recently found out that all the rules changed in 2013 making me ineligible for this route.
The rules changed a couple of years before that so not sure what rules you are referring to. Since 6th April 2010, ILR is no longer possible with 5 years on Tier 2 ICT.

Do you live with your partner and if yes, for how long have you been living together?
Char (CR001 not Casa)
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CLS112
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Re: Visa expiring...Next steps?

Post by CLS112 » Wed Aug 30, 2017 1:14 pm

HR told me the rules changed in 2013. That would explain the contradictory information I've been seeing. They are REALLY not helpful!

We've been living together for 1 year 5 months now.

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CR001
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Re: Visa expiring...Next steps?

Post by CR001 » Wed Aug 30, 2017 1:19 pm

CLS112 wrote:
Wed Aug 30, 2017 1:14 pm
We've been living together for 1 year 5 months now.
To be able to apply as an unmarried partner visa on form FLR(M), you need to have rock solid evidence of 24 months of living together 'in a relationship akin to marriage' and shared financial responsibility. There is no discretion on this point, if you don't this requirement, your visa will be refused.

You must apply before your current visa expires if applying within the UK.

You also need to meet the English requirement and minimum income of £18,600pa and adequate accommodation (i.e. not overcrowded).

If you go this route, once your visa is approved and you have your BRP card (how long it takes depends on whether you apply by post or in person for same day decision), you are free to change employers. If you choose to stay with your current employer, you must inform them of your new visa status and provide evidence of it.
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.

CLS112
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Re: Visa expiring...Next steps?

Post by CLS112 » Thu Aug 31, 2017 11:58 am

This is very helpful, thanks!

Wanderer
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Re: Visa expiring...Next steps?

Post by Wanderer » Thu Aug 31, 2017 12:17 pm

Think also you need the divorce document or irrefutable proof divorce is going through...
An chéad stad eile Stáisiún Uí Chonghaile....

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