Tier 2 (Gen) extension & New rules from April 2014

[ann771]

Hi all,

Just read the STATEMENT OF CHANGES IN IMMIGRATION RULES published today. I am due for an extension on tier 2 (Gen) with same employer, for same role.

on page 122 of the STATEMENT OF CHANGES IN IMMIGRATION RULES document, it says:

Changes relating to Tier 2 of the Points-Based System:
7.9. Tier 2 of the Points-Based System caters for migrant workers with an offer of a
skilled job from a licensed employer. There are four overall categories: Intra-
Company Transfer (ICT), General, Minister of Religion, and Sportsperson. The
following changes are being made to Tier 2:
A change is being made to allow Tier 2 (Intra-Company Transfer) and Tier 2
(General) applicants to be granted up to 5 years‟ leave (rather than up to 3
years‟) on payment of a higher fee. This will increase flexibility for applicants
and their Sponsors. At the same time, the rules relating to grant periods are
being reworded to make them clearer for applicants and caseworkers;

here is a link to the document: https://www.gov.uk/government/uploads/s ... ssible.pdf

I am planning to make a PEO appointment during first week of May. Would appreciate if someone could help with query please:

1. will I get 3 years extension or 5 years extension?

Many thanks
Ann

[manci]

depends on the period of engagement stated in the CoS

[ann771]

Hi Manci, thanks for your reply. Did you mean if I put start and end date calculating 5 years in the COS (lets say start date: 31 July 2014 nad end date: 26 July 2019), I should get an extension for another 5 years?

Regards
Ann

[manci]

yes, except that it is the employer, not you, who has to put the start and end dates in the CoS.

Your extension application will cost £601 if it for less than 3 years and £1,202 if it is for more than 3 years

[ann771]

Thanks Manci, really appreciate your help.

Regards

[theabrar]

yes, except that it is the employer, not you, who has to put the start and end dates in the CoS.

Isn't there a 6 year limit on Tier 2(General), as a 5 year extension would be 3+5 years on Tier 2?

[manci]

Isn't there a 6 year limit on Tier 2(General), as a 5 year extension would be 3+5 years on Tier 2?

The 5 year limit on the total stay under T2G only applies to those whose initial grant of leave was after 5 April 2011 and this limit still stands. For others there is no such limit.

[mandy1285]

Hi Manci,

My Condition is as below:

I have been granted entry clearance as Tier 2 ICT Established Staff based on the rules before 6th Apr 2011.
In July 2013 i switched to new Employer to Tier 2 General. Now i have visa as Tier 2 General which is valid upto sept 2016.

Would you pls let me know in sept 2016 according to existing rules for how much time my visa can be extended?

Thanks in advance.

[manci]

in your case there is a 6 year overall limit on your stay under T2 counted from the time when you obtained your initial T2 ICT leave. Read the new immigration rule 245HE:
https://www.gov.uk/government/uploads/s ... ssible.pdf

[mandy1285]

Hi Manci,

Is This 6 year overall limit on your stay under T2 was imposed under rules made in Mar 2014 or it was earlier as well...

[manci]

it is also the current pre-April 2014 rule. See para 192 in the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

[ann771]

Hi Manci,

My initial Tier 2 (general) was granted for 3 years in July 2011, leave valid until 30 July 2014. I am planning for extension in May. Will I still be eligible for an extension under Tier 2 (General) for further 5 years?

Many thanks for your help.

Regards

[manci]

@ann771
no, because your initial T2G leave was after April 2011. However you will be eligible for ILR after 5 years on T2G, i.e. in July 2016, if you then have a min. salary of £35k.

[ann771]

Hi Manci,

thanks for the clarification. very much appreciated.

Regards
Ann

[tennytts]

Hi Manci, "@mandy1285" ,

The link below states that you can stay for upto 6 years under Tier 2 General:
https://www.gov.uk/tier-2-general/extend-your-visa

"Section: How long you can stay
You can extend your stay in the UK with a Tier 2 (General) visa for up to another 3 years.

You can’t stay in the UK under a Tier 2 (General) visa for more than a total of 6 years."

It explicitly mentions the restriction under Tier 2 (General) for number of years as opposed to Tier 2 (including all categories). I have this doubt myself because although the documents and clauses that Manci mentioned refers to Tier 2 alone, doesn't it look like the context is Tier 2 (General) ?

[manci]

@tennytts
With regard to T2G the law from 6 April will be what is in the Statement of Changes under 245HE (link in Ann's first post, p 13/14).

[subujoseph]

Hi Manci,

I came across this post after a search. I am in the process of applying for a Tier 2 visa for the first time. I am currently in Tier 1 PSW visa. My question is will I get T2 for 5 yrs or only 3 yrs? What should I do to get 5yrs T2?

Many thanks.

[manci]

You will get 5 years leave if the period of engagement stated in the CoS is 5 years. The fee will be £1,028 (or £856 if the job is a shortage occupation)

Note that the new rules come into force on 6 April 2014

[Ali1512]

Hi,

I shall be applying for Tier 2 (General) visa within 2 weeks. My question is if I get the COS letter before 5th Apr 2014 and apply after 6th April 2014, can I still apply for 5 years? Does the issue date of COS matter for the rules or when you actually apply for the visa that date matters to establish under what rules your application will be processed ?

Do you think is it worth waiting for 5th Apr 2014 and get the COS later?

[subujoseph]

Thanks Manci. I thought so and I had asked this to my HR and he says he cannot increase the period of engagement to 5 years because the SMS will only allow to input a maximum of 3yrs. If he input any period greater than 3yrs the system gives an error stating that T2 can only be for 3 yrs. FYI: The COS allocation in the SMS had been started at least 3 weeks before and it was saved as draft. COS hasn't been allocated to me yet.

Any info as to how to input 5yrs as the engagement period.

On another note, is tier 2 general eligible for indefinite leave to remain (settlement) after 5 years, so if I get 5yrs now will I be able to apply for settlement after that? or should I take 3yrs now, then extend after that. It is so confusing that I can't make any decision.

Any thoughts would be much appreciated.

Many thanks.

[manci]

@subujoseph and @Ali1512
the new rules come into effect on 6 April 2014, until then the period of engagement cannot exceed 3 years.

for T2G migrants eligibility for ILR is after 5 years, it doesn't matter how many grants of leave lead up to the completion of this period

[manci]

deleted

[subujoseph]

@Manci Fantastic..

Could you also point to me where can I find the updated fee information for 5Yr T2. I am also looking for a T2 Dependent visa as well. Where can i find the new fees info.

Many thanks.

[subujoseph]

@Manci. Pls disregard the previous msg. I found the fee info. once agin thanks for your input.

[jigiboy]

Hi Subujoseph,
I don't see anything wrong in going for the 3 years visa as well. You can extend your visa once you are in UK.

@Manci,
Can you please confirm my below query?
If I apply for Tier 2 General visa after 6th April 2014(COS issued in March 2014) but the visa gets issued after 6th April 2014. Will I fall under the old rules or the new?
As I understand since the COS was issued before April 6th 2014 I will fall under the old rules?
Is that correct?