Query on Applying for ILR

[jastibajibabu]

Hi,

My current Tier 2 General Visa is expiring on Jan 2015 but i am eligible for ILR by October 2014. Here is my doubt now:

I have switched by Tier 2 ICT to Tier 2 General on 2011 November from outside of UK means i had to travel back to my home country and apply for new Visa and resigned for existing job since i have new job in UK starting from December 2011 which means i had no job for a month between November 2011 and December 2011 and i am out side of UK.

Apart from above, i don't have any issues with salaries, holidays etc. for applying ILR.

With my situation explained above, could you please let me know if there is a problem for my application?

Thanks in Advance for your advise.

Regards,
Baji

[manci]

read page 27:
https://www.gov.uk/government/uploads/s ... eriods.pdf

[manci]

read page 27:
https://www.gov.uk/government/uploads/s ... eriods.pdf

[ECOTROT]

Thanks manci.

So it's a little bit tricky to say without further info. The way I read it, it depends on whether and when (and where!) the Tier 2 ICT visa expired, before the date the Tier 2 General leave was granted.

If it expired outside of the UK, then the application would have to be made no later than 28 days after expiry.

If the visa did not expire more than 28 before the Tier 2 General application was made, then it only counts towards the standard 180 day per year limit.

It also seems to me that maybe if it expired in the UK, then re-entry under the new visa would have to be within 28 days of expiry. Is that right?


Also a quick question.. when it includes time while the entry clearance application is under consideration, does that mean the 28 days therefore only run until the application is received?

If so, I wonder which date exactly counts for these purposes. Date the application is received (i.e. docs received)? Date of payment?

[manci]

Thanks manci.

So it's a little bit tricky to say without further info. The way I read it, it depends on whether and when (and where!) the Tier 2 ICT visa expired, before the date the Tier 2 General leave was granted.

If it expired outside of the UK, then the application would have to be made no later than 28 days after expiry.

If the visa did not expire more than 28 before the Tier 2 General application was made, then it only counts towards the standard 180 day per year limit.

It also seems to me that maybe if it expired in the UK, then re-entry under the new visa would have to be within 28 days of expiry. Is that right?
yes

Also a quick question.. when it includes time while the entry clearance application is under consideration, does that mean the 28 days therefore only run until the application is received?

If so, I wonder which date exactly counts for these purposes. Date the application is received (i.e. docs received)? Date of payment?
For entry clearance the date of application is the date of payment

[jastibajibabu]

Thank You Manci and ECROT for your quick responces.

My initial visa (Tier 2 ICT) was due to expire on November 2012, but i have applied for new visa (Tier 2 General) from out side of UK on 3rd of November 2011 which is almost one year before the expiry date. I hope this clarifies the Visa Expiry questions.

When you say, my one month gap will come to 180 days of holidays if applied for switch before expiry, does it the same even i don't have job means resignied the old job after applying for new Visa and joined new job on 11th December 2011.

Thanks for your advises.

Regards,
Baji

[vishpb35]

IMHO, you should be eligible to get ILR provided:

1) You applied within 28 days of visa expiry from 1 visa cat to another.
2) You did not spend 180 continuous days outside UK when you went back to India.


If you can clearly write the approximates dates in and out of country with visa status, then it will be more helpful.

[jastibajibabu]

Hi vishpb35,

Below are the dates:

Inital Visa (Tier 2 ICT) expires on November 2012
Left UK on 31st Oct 2011
Applied for Extention on 3rd November 2011
Resigned Company on 4th November 2011
Joined new compacy in UK on 10th December 2011 which means between 4th Nov and 10th Dec, i don't have any job.

Hope this clarifies. Thanks in advance for your advises.

Regards,
Baji

[vishpb35]

Hi vishpb35,

Joined new compacy in UK on 10th December 2011 which means between 4th Nov and 10th Dec, i don't have any job.

Regards,
Baji

It does not matter as you were not outside UK for more than 180 days. You can give a try whenever you are eligible for ILR.