Tier 2 switching employers early and ILR

[Demerara]

Hello

Once again, I am approaching you experts to get clarification and advice.

So I was on a Tier 2 visa which was due to expire on 1st November 2014. This was an in country application switching from Tier 4 student.

I switched employers recently and now the Home Office have issued a visa to be valid until 16 September 2016.

Now I am confused about calculating the time requirement for settlement. My understanding is that someone can be under a Tier 2 for a maximum of 6 years and I am wondering why the Home Office has only issued my visa up to September 2016. Is this not a shortfall of a couple of months until I can apply for ILR?

[manci]

from what date did you first have T2 leave?
what is the work end date in your current CoS?

[Demerara]

Hi manci

First Tier 2 leave was 1st October 2011 I assume as the validity was until 1st November 2014 and usually approved initial applications are given three years and one month (that was also the start date for my job).

I am not sure what the end date is in the current CoS as this was not provided to me. However, the job offer is for a permanent position.

I have just received the following reply from the Home Office

Good Morning

Thank you for notifying us of a possible error on your Biometric Residence Permit (BRP). We have looked into this matter and the expiry date showing on your BRP is correct according to our records. If you wish to dispute the expiry date, you should consult the guidance on our website at www.gov.uk in the first instance.

If this does not answer your query, you should write to your case worker setting out why you believe the expiry date on your BRP is incorrect. The address to write to your caseworker can be found on your decision letter. If you attended a Public Enquiry Office (PEO) to receive the outcome of your application, please contact the PEO attended. Please note we are unable to provide you with any further details of your caseworker.

Please do not return the BRP as this point - your caseworker will advise you if they need you to return the BRP.

Thank you

BRP Error Team

[manci]

the rules are on p43:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

[Demerara]

Thanks for this manci, I did check it already and sadly, didn't enlighten me Oh well, it's back to word games with my sponsor ...

[manci]

without you giving the dates asked for it is not possible to check further

[manci]

without you giving the dates asked for it is not possible to check further

[Demerara]

thanks manci, you've been really helpful about the whole visa switching process ... i just spoke to HR and they said it's their policy to sponsor for an initial two year period, which is annoying given that I paid for the visa fees and I will have to possibly pay double now for another extension...

I am wondering though, since my initial leave to remain started on 1st October 2011, then adding 5 years would give me 1st October 2016.Does that mean I'll be able to apply for ILR then as I can make an application 28 days prior to the 5 years which would be 3rd September 2016 and my new Tier 2 leave to remain is until 16 September 2016?

[Demerara]

Can anyone help with the ILR bit please?

[Demerara]

I can't seem to get my head around the requirements for ILR. I understand the qualifying period is counted backwards from the application date but then how do I know when I can apply if I am not sure about the start date of the qualifying period?

I came to the UK on a Tier 4 (student visa) then switched to a Tier 2 visa which read "date issued 19-12-2011". Now is this the date I should start counting from towards my ILR or was it from the date of my application?

Thanks in advance

[vinny]

The 5-year qualifying period started when you were initially granted leave under Tier 2 (General).

[Demerara]

Hi

Thanks for the reply.

I know I sound thick but when is leave to remain granted? Is it the date showed on the BRP or is it the date I applied for Tier 2?

[vinny]

"date issued 19-12-2011".

[Demerara]

Thanks Vinny