ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR via Tier 2(General) 5 years route, qualifying period

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

Locked
xray
Newly Registered
Posts: 7
Joined: Thu Mar 24, 2016 12:36 pm

tier 2 route or 10 years route

Post by xray » Wed Aug 10, 2016 5:46 pm

I am current on a tier 2 visa general working visa, and my wife is on tier 2 dependent visa.
I will be eligible for the ILR visa through the 10 years route in a couple of months, and through the 5 years tire 2 route in a year time.
My current tier 2 visa runs out in 2018, and by that time, my wife would have been on the tier 2 dependant visa for four and half years. So my questions are:

1. If I wait till next year to apply for the ILR visa through the 5 years tier 2 route, will my wife be able to extend her tier 2 dependent visa in 2018 for six months, so that she will be able to accumulate 5 years and then apply for IRL. (When my tier 2 expires in 2018, I will have worked in UK for 6 years)

2. In case that she cannot extend her tier 2 dependent visa, if she finds a job which can sponsor her a tier 2 general visa before 2018, will the time that she has spent under my tier 2 visa be included in her 5 years when applying for IRL through the 5 years tier 2 route?

Your answers are indeed appreciated.

Many thanks!

User avatar
CR001
Moderator
Posts: 88128
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: tier 2 route or 10 years route

Post by CR001 » Wed Aug 10, 2016 5:50 pm

1. If I wait till next year to apply for the ILR visa through the 5 years tier 2 route, will my wife be able to extend her tier 2 dependent visa in 2018 for six months, so that she will be able to accumulate 5 years and then apply for IRL. (When my tier 2 expires in 2018, I will have worked in UK for 6 years
Yes, but she has to apply for an extension for 3 years. There isn't an option to apply for less.
2. In case that she cannot extend her tier 2 dependent visa, if she finds a job which can sponsor her a tier 2 general visa before 2018, will the time that she has spent under my tier 2 visa be included in her 5 years when applying for IRL through the 5 years tier 2 route?
No. She cannot combine PBS Dep time with Tier 2 G main applicant time. If she changes to Tier 2 General, this will rest her clock to zero.

If you apply for ILR based on 10 years long residence, she CANNOT continue on her current visa and will have to switch to FLR(M) for 5 years (2 x 2.5 year visas) as her clock will also be reset.

Best would be to apply ILR based on Tier 2 and extend her visa till she qualifies for ILR as PBS Dep.
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.

xray
Newly Registered
Posts: 7
Joined: Thu Mar 24, 2016 12:36 pm

Re: tier 2 route or 10 years route

Post by xray » Wed Aug 10, 2016 6:22 pm

CR001 wrote:
1. If I wait till next year to apply for the ILR visa through the 5 years tier 2 route, will my wife be able to extend her tier 2 dependent visa in 2018 for six months, so that she will be able to accumulate 5 years and then apply for IRL. (When my tier 2 expires in 2018, I will have worked in UK for 6 years
Yes, but she has to apply for an extension for 3 years. There isn't an option to apply for less.
2. In case that she cannot extend her tier 2 dependent visa, if she finds a job which can sponsor her a tier 2 general visa before 2018, will the time that she has spent under my tier 2 visa be included in her 5 years when applying for IRL through the 5 years tier 2 route?
No. She cannot combine PBS Dep time with Tier 2 G main applicant time. If she changes to Tier 2 General, this will rest her clock to zero.

If you apply for ILR based on 10 years long residence, she CANNOT continue on her current visa and will have to switch to FLR(M) for 5 years (2 x 2.5 year visas) as her clock will also be reset.

Best would be to apply ILR based on Tier 2 and extend her visa till she qualifies for ILR as PBS Dep.

Thanks very much for your reply. Just to confirm, so my wife can still extend her tire 2 dependant visa for another 3 years even if I have reached the 6 six years limit?

User avatar
CR001
Moderator
Posts: 88128
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: tier 2 route or 10 years route

Post by CR001 » Wed Aug 10, 2016 8:14 pm

Yes, the 6 year limit applies to you only. If you get ILR, she can continue to extend her PBS dep until she qualifies for ILR.
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.

xray
Newly Registered
Posts: 7
Joined: Thu Mar 24, 2016 12:36 pm

Re: tier 2 route or 10 years route

Post by xray » Wed Aug 10, 2016 9:35 pm

CR001 wrote:Yes, the 6 year limit applies to you only. If you get ILR, she can continue to extend her PBS dep until she qualifies for ILR.
Thanks very much for all your answers and advises. You are absolutely a star!

xray
Newly Registered
Posts: 7
Joined: Thu Mar 24, 2016 12:36 pm

ILR via Tier 2(General) 5 years route, qualifying period

Post by xray » Fri May 18, 2018 3:05 pm

Hi guys, I am preparing for my ILR application at the moment, and have a few questions that need your help. First, this is my immigration history:
I arrived in U.K. on a student visa in August 2017;
Been on a tier 4 student visa until July 2013, and I switched to a Tier 2(general) visa directly from my Tier 4 visa within in U.K;
The starting date of my Tier 2 (general) visa was 03/07/2013;
However, my work contract actually started on 01/08/2013.
I have been with the same employer in the past five years.

My questions:
1. When I'm calculating the qualifying period, should I use 03/07/2013 or 01/08/2013 as my starting date.
2. I have booked an appointment at the premium service centre on 09/06/2018. Will I be eligible for the ILR application on that date? I heard that you may be eligible for ILR application 28 days before the completion of the qualifying period.
3. In my employer letter, my employer has included the detailed list of my absence from the UK in the past five years, and confirmed that they were all either work related or annual leaves. Is it still necessary to add the information regarding my entitlement of annual leaves in the letter? I saw many people in the forum mentioned about the annual leave entitlement in their application. But the employer letter has already been issued to me. If this information is not necessary, I will save the hassle of asking HR to do another letter for me. By the way, I during my five years employment, I was absent from UK for overall 127 days, and the longest absence was 31 days.

Many many many thanks for you help!

User avatar
CR001
Moderator
Posts: 88128
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR via Tier 2(General) 5 years route, qualifying period

Post by CR001 » Fri May 18, 2018 3:14 pm

1. When I'm calculating the qualifying period, should I use 03/07/2013 or 01/08/2013 as my starting date.

Visa start date, 3/7/2013.
2. I have booked an appointment at the premium service centre on 09/06/2018. Will I be eligible for the ILR application on that date? I heard that you may be eligible for ILR application 28 days before the completion of the qualifying period.

WITHIN 28 days before reaching 5 years, doesn't have to be on exactly the 28th day before.
3. In my employer letter, my employer has included the detailed list of my absence from the UK in the past five years, and confirmed that they were all either work related or annual leaves. Is it still necessary to add the information regarding my entitlement of annual leaves in the letter? I saw many people in the forum mentioned about the annual leave entitlement in their application. But the employer letter has already been issued to me. If this information is not necessary, I will save the hassle of asking HR to do another letter for me. By the way, I during my five years employment, I was absent from UK for overall 127 days, and the longest absence was 31 days.
Absence is what is important not your holiday entitlement.
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.

xray
Newly Registered
Posts: 7
Joined: Thu Mar 24, 2016 12:36 pm

Re: ILR via Tier 2(General) 5 years route, qualifying period

Post by xray » Fri May 18, 2018 3:18 pm

2. I have booked an appointment at the premium service centre on 09/06/2018. Will I be eligible for the ILR application on that date? I heard that you may be eligible for ILR application 28 days before the completion of the qualifying period.

WITHIN 28 days before reaching 5 years, doesn't have to be on exactly the 28th day before.

Thanks very much for your prompt reply. So it is ok for my to attend the appointment on 09/06/2018?!

User avatar
CR001
Moderator
Posts: 88128
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR via Tier 2(General) 5 years route, qualifying period

Post by CR001 » Fri May 18, 2018 3:21 pm

If that is within 28 days before 3rd July then yes.
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.

Locked