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Urgent - Help Needed please-complex issue involving tier 2 max limit reach + ILR but not able to apply with either

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

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lucywilson
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Posts: 4
Joined: Sat Jul 14, 2018 9:58 pm
India

Urgent - Help Needed please-complex issue involving tier 2 max limit reach + ILR but not able to apply with either

Post by lucywilson » Tue Jul 17, 2018 1:31 am

My current tier 2 visa expires on the 8th of August. In the meantime i have been offered a new job, also on a Tier 2 but under a different employer, due to commence on the 30th of July. What complicates matters is that I have already been on a Tier 2 since 2012 (6 years), but the first year of Tier 2 was granted in a Crown Dependency, not the UK (So technically, I have been on a Tier 2 in the UK for 5 years). Given this is so, will I still be permitted to take on the new employment under a Tier 2? I am worried I will not, as if I do, I will have to be on a Tier 2 for a further year, which makes it a total of 7 years on a Tier 2, which I understand is not possible since the maximum one can be on a Tier 2 is 6 years - is this correct? However, if this 6 year limit does not include Tier 2's granted in Crown dependencies, then I can accept my new job offer as then I will be granted my 6th year of Tier 2- is this right?

Can someone help, please in clarifying this for me, if you happen to know the answer?

Also, given that I have been in the UK for 5 years, I am also trying to see if I ca apply for ILR. However given my current employment ends on the 31st of this month, and my visa expires soon after, will I still be able to apply for ILR, and do you think I stand a chance of success? Unfortunately as luck would have it, my 5 year qualifying period just happens to start only a month before my current employment ends. Do you think I stand a chance, however remote? Or do I have to have months and months of employment left with my current employer before even thinking of such a thing as ILR?

Also, I just checked the appointment waiting times for ILR - a lot of slots are available, but none whatsoever before visa expiry deadline for me of just before or on the 8th of august. Do you think appointment slots will become available or is this looking highly, highly unlikely?

I am still unsure as to whether to apply for ILR or whether to apply for a further Tier 2 - with the new employer - I suppose ILR is looking highly unlikely at this stage...If someone...anyone could help clarify if I can still have a go at one further year of Tier 2 (if the first year of Tier 2 granted in a Crown dependency does not count), I would be extremely grateful. I am really running out of time and need a push in the right direction.

So, is a Tier 2 one can stay on a maximum of 6 years, and does Tier 2s granted in a crown dependency count?

And, as per my other question above, can I still qualify to apply for ILR given my employment with the current employer is about to end?

In haste,
LW

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