Tier 2 Surprise

psw2009 · Post by **psw2009** » Mon Mar 26, 2012 1:02 pm

Hi,

I have got tier 2 visa for three years

My friend have told me that if my employer put 5 years period on CAS letter then i would have received 5 year visa, is it correct? because as for as i know it is 3 years and then 2 years extended visa can you please let me know

Thanks alot

Post by **Lucapooka** » Mon Mar 26, 2012 1:16 pm

You are right, your friend is wrong.

psw2009 · Post by **psw2009** » Mon Mar 26, 2012 1:30 pm

Thank you very much for your reply,

Can you please also let me know if these proposed changes of homeoffice will affect my extension? will i be able to extend the visa based on 20k salary? and what about indefinate leave they are implementing 35k for indefinate leave from april-2016 but i will qualify in july-2016

Thanks

psw2009 · Post by **psw2009** » Mon Mar 26, 2012 7:32 pm

anyone plz

plabo · Post by **plabo** » Tue Mar 27, 2012 11:15 am

they are implementing the 35K cutoff for people who apply for ILR after april 2016...so if ur salary does not increase about 35K after april 2016 and u qualify for applying to ILR lets say in april 2017 (based on 5 yrs from today) and do not have a salary above 35K, you will not be entitled to get a ILR.

plabo · Post by **plabo** » Tue Mar 27, 2012 11:17 am

psw2009 wrote:Thank you very much for your reply,

Can you please also let me know if these proposed changes of homeoffice will affect my extension? will i be able to extend the visa based on 20k salary? and what about indefinate leave they are implementing 35k for indefinate leave from april-2016 but i will qualify in july-2016

Thanks

u will be able to extend ur visa after 3 years BUT u won't be able to apply for ILR even if u extend it for 2 more yrs after these 3 making it total 5 UNTIL U SHOW THAT UR SALARY IS ABOVE 35K......secondly, the maximum time period a CoS can be issued for is 3 years and not 5 years...

plabo · Post by **plabo** » Tue Mar 27, 2012 11:22 am

The rule is simple.

You live for 5 years on a Tier 2.

Then you plan to apply for ILR.

For that, if you are becoming eligible for ILR AFTER April 2016, then YOU WILL HAVE TO SHOW that you are earning 35K and above, other wise you will not be eligible for ILR and will have to either come back to your home country or keep on applying for another Tier 2 extension only after a "1 year cooling off period" .

The government is also limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years, Similarly a new ‘cooling-off period’ across all the Tier 2 routes will be enforced from April 6. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

nkt81 · Post by **nkt81** » Tue Mar 27, 2012 8:05 pm

Hi there,

Just wanted to clarify a few points as I received several versions of answers and am really confused. I would be really grateful if you can answer the following , please:

I got my (first) Tier 2 general visa in Aug 2010. It is expiring in Aug 2013. I am planning to renew/extend it then.

Q1. If my sponsor continue to sponsor me, can I apply for extension next year?

Q2. Does the restriction on the number of COS issued per organisation/year (annual limit) apply to me when I apply for extension?

Q3. Can I apply for ILR (provided my visa is renewed next year) in Aug 2015? I assume that the new policy on 35K pa and 5 years eligibility doesn't affect me, or does it?

Thank you so much for the clarification in advanced.

Post by **Greenie** » Tue Mar 27, 2012 8:33 pm

nkt81 wrote:Hi there,

Just wanted to clarify a few points as I received several versions of answers and am really confused. I would be really grateful if you can answer the following , please:

I got my (first) Tier 2 general visa in Aug 2010. It is expiring in Aug 2013. I am planning to renew/extend it then.

Q1. If my sponsor continue to sponsor me, can I apply for extension next year?

Q2. Does the restriction on the number of COS issued per organisation/year (annual limit) apply to me when I apply for extension?

Q3. Can I apply for ILR (provided my visa is renewed next year) in Aug 2015? I assume that the new policy on 35K pa and 5 years eligibility doesn't affect me, or does it?

Thank you so much for the clarification in advanced.

A1: Yes
A2: No
A3: If you qualify for ILR in 2015, the new 35k limit will not affect you.

psw2009 · Post by **psw2009** » Wed Apr 11, 2012 8:52 am

Thanks, what about long residence for 10 year, have new changes affect this route as well, i will qualify for long residency in april-2016?

psw2009 · Post by **psw2009** » Wed Apr 11, 2012 4:42 pm

anyone plz?

johnjkjk · Post by **johnjkjk** » Wed Apr 11, 2012 7:19 pm

Have a look at the long residency guidance

In essence you need 10 years of continuous, legal residence in any immigration category without illegal gaps, legals gaps of >6 months and no more than a certain amount of time spend outside the UK in the 10 year period. You need to pass the Life in the UK test for ILR.

You can post on the ILR board for help..[/url]

psw2009 · Post by **psw2009** » Thu Apr 12, 2012 8:56 am

THanks for your answer,

Is new rules of settlment from april-2016 going to Long residency route as well?

johnjkjk · Post by **johnjkjk** » Thu Apr 12, 2012 9:28 am

No, it doesn't apply to long residency- but 2016 is far away and you never know what they may introduce in the future!

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Tier 2 Surprise

Tier 2 Surprise

Re: Tier 2 Surprise

thanks

anyone plz

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Thanks

anyone plz

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