ILR application for Tier 2

[khan81047]

Hi All

As usual can you please enlighten me with your expert guidance and advise.

My immigration history:

I came to UK in September 2009 on a student visa for masters which was valid until October 2010,
Then I switched to PSW (post study work) visa which was from December 2010 till December 2012

Then I applied for Tier 2 General visa,which was granted in November 2012 till November 2015, but my employers license was suspended and I received curtailment letter in June 2014 and I was given time until August 2014 to switch or leave the country.

Then I switched as Tier 4 dependent in July 2014 till October 2015,

Then I switched back to Tier 2 general in November 2015 till July 2018,

Then I applied for further extension as Tier 2 general and was only granted leave till November 2018 (3 months) even though my cos for two years. I enquired with home office regarding this, and they replied that I will complete six years on Tier 2 general in November 2018 and they cant issue more time in this category.

Currently my salary is £35500

My question is

1. Am I eligible for ILR application now, based on what home office is saying?

2. How can they calculate six years on tier 2 as my visa was curtailed in June 2014 and I switched to Tier 4 dependent and spent 15 months in this category.

3. If Im not eligible for ILR based on home office calculation of Six years residence on T2 category, what are my options further

4 My wife's current employer is happy to sponsor her on Tier 2, currently she is my dependent. can she apply within UK?

5. Can I become dependent on my wife's visa within UK?

[cyclina1]

[quote=khan81047 post_id=1673665 time=1535120653 user_id=174961]
Hi All

As usual can you please enlighten me with your expert guidance and advise.

My immigration history:

I came to UK in September 2009 on a student visa for masters which was valid until October 2010,
Then I switched to PSW (post study work) visa which was from December 2010 till December 2012

Then I applied for Tier 2 General visa,which was granted in November 2012 till November 2015, but my employers license was suspended and I received curtailment letter in June 2014 and I was given time until August 2014 to switch or leave the country.

Then I switched as Tier 4 dependent in July 2014 till October 2015,

Then I switched back to Tier 2 general in November 2015 till July 2018,

Then I applied for further extension as Tier 2 general and was only granted leave till November 2018 (3 months) even though my cos for two years. I enquired with home office regarding this, and they replied that I will complete six years on Tier 2 general in November 2018 and they cant issue more time in this category.

Currently my salary is £35500

My question is

1. Am I eligible for ILR application now, based on what home office is saying? No. Because the period you are in Tier 2 are not continuous 5 years, broken by Tier 4 dependent.

2. How can they calculate six years on tier 2 as my visa was curtailed in June 2014 and I switched to Tier 4 dependent and spent 15 months in this category. Because you didn't leave the country, 1 year cool off cannot apply.

3. If Im not eligible for ILR based on home office calculation of Six years residence on T2 category, what are my options further. My wife's current employer is happy to sponsor her on Tier 2, currently she is my dependent. can she apply within UK? Your wife applies Tier 2 VISA asap, and you become her dependent. Then you can apply ILR on SEPT 2019 based on 10 year long residence.

5. Can I become dependent on my wife's visa within UK?

[CR001]

1. Am I eligible for ILR application now, based on what home office is saying? No. Because the period you are in Tier 2 are not continuous 5 years, broken by Tier 4 dependent.

2. How can they calculate six years on tier 2 as my visa was curtailed in June 2014 and I switched to Tier 4 dependent and spent 15 months in this category. Because you didn't leave the country, 1 year cool off cannot apply.

@ cyclina1 - are your two statements above not contradictory?? Any time spent on a visa category other than Tier 2 General IS a 'cooling off period'.

[cyclina1]

1. Am I eligible for ILR application now, based on what home office is saying? No. Because the period you are in Tier 2 are not continuous 5 years, broken by Tier 4 dependent.

2. How can they calculate six years on tier 2 as my visa was curtailed in June 2014 and I switched to Tier 4 dependent and spent 15 months in this category. Because you didn't leave the country, 1 year cool off cannot apply.

@ cyclina1 - are your two statements above not contradictory?? Any time spent on a visa category other than Tier 2 General IS a 'cooling off period'.

I don't understand, if the cooling off period applied during Tier 4 dependent, then after the cooling off, he should have the other maximum 6 years after switched from Tier 4 dependent. Then why the HO also counted the years before Tier 4 dependent?