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Topic: Getting ILR from a Tier 2 general  (Read 214 times)

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Getting ILR from a Tier 2 general
« on: October 17, 2017, 10:46:56 AM »
I have a general question about ILR....

We (family of 5, all Americans) are here on a 5 yr Tier 2 general visa (sponsored by my husbands employer). We have been here a little over 2 years and always planned to return after 3 years (which will be at the end of this school year, July 2018). I am constantly asked by friends and the kids friends and teammates... "why don't you just stay?!?"

While we do really like it here, there are many reasons for us to return (family, school, still own our house, etc). But, we do sometimes think... hmm, what if we tried to stay here longer or permanently.

When I looked into trying to get ILR from a Tier 2 it seemed pretty confusing. Maybe I'm just not understanding it correctly but it seems you can't apply for ILR until you've been a resident for 5 years. But, at 5 years our visa is expired. So, I guess we'd need apply for an extension, which looks like it is only for 1 year... maximum 6 year stay... and then we'd need to leave the UK for a "cooling off year."  This seems crazy... his employer likes him and his job is skilled and in demand... but they're supposed to be ok with him essentially needing a year off? And, how does he work in the US if he's honest that he will only be there for a year?

Could we potentially apply for the extension and then apply for and receive ILR during that extra year? Or am I completely wrong and there is no path to residency from a Tier 2?

I'm not sure we will ever go down this route... but I sometimes don't know how to respond to the "why don't you just stay" questions... they seem to think I just go to the council office and fill out a form or something!

Thanks for any insights!
Holly


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Re: Getting ILR from a Tier 2 general
« Reply #1 on: October 17, 2017, 11:49:50 AM »
Could we potentially apply for the extension and then apply for and receive ILR during that extra year? Or am I completely wrong and there is no path to residency from a Tier 2?

Yes, if he meets the requirement for ILR on a Tier 2 General visa. then he can apply for ILR for you all after 5 years.

If not, he has one more year to reach the ILR requirements and will need to apply for that extension from within the UK while on a valid visa. If he leaves to apply from outside, then he has a 12 month cooling off period.

6 years maximum for Tier 2 General visa.

I should add that ILR is Indefinate Leave to Remain and if you reside outside the UK for more than 2 years, then this ends. Coming back for visits to try to keep ILR, doesn't count.

1 year on ILR and you can then all apply for British citizenship. Citizenship laws are different rules to the Immigation laws that you would use for ILR.
« Last Edit: October 17, 2017, 12:10:34 PM by Sirius »


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Re: Getting ILR from a Tier 2 general
« Reply #2 on: October 17, 2017, 12:34:57 PM »
If you applied for ILR after five years, that IS the new visa.

But this would not be cheap.  Will his company pay?  In 2019 the fee is approved to be £3,250 per application.  Will be higher in later years.  If you wanted citizenship, that's currently another £1,300 per person.


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Re: Getting ILR from a Tier 2 general
« Reply #3 on: October 17, 2017, 01:56:46 PM »
I'm still a little confused on when we could apply. We entered the UK on 7/23/2015... and looking at my BRP it expires on 8/12/2020. So, if we need to have 5 years residency before we could apply that would take us to 7/23/2020... leaving only 3 weeks to apply for ILR. Would they make a decision that fast? Or, are you allowed to stay as long as you have an application pending?

£3,250! I knew it was expensive but wow!! And I guess likely to go up again before we would be applying in 2020  :(

Holly


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Re: Getting ILR from a Tier 2 general
« Reply #4 on: October 17, 2017, 02:03:04 PM »
You could apply 28 days before your five year anniversary.  The application takes six months to process unless you apply in person for an additional fee.

Yes, your Tier 2 visa rights would be extended while the application processes.


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Re: Getting ILR from a Tier 2 general
« Reply #5 on: October 17, 2017, 02:04:51 PM »
I'm still a little confused on when we could apply. We entered the UK on 7/23/2015... and looking at my BRP it expires on 8/12/2020. So, if we need to have 5 years residency before we could apply that would take us to 7/23/2020... leaving only 3 weeks to apply for ILR. Would they make a decision that fast? Or, are you allowed to stay as long as you have an application pending?

You can apply for ILR up to 28 days before you reach 5 years in the UK.

So, if you entered on 23rd July 2015, you can apply for ILR 28 days before 23rd July 2020... so around 25th June 2020.

As long as your applications have been submitted before your visa expires, your immigration status will be extended until the ILR has been processed, even if your visa expires during that time.



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Re: Getting ILR from a Tier 2 general
« Reply #6 on: October 17, 2017, 02:13:08 PM »
Now I get it!  Thanks!!


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