Told ineligible for ILR, 6 years as of Oct. Options??

[the_eclectic]

Hello,

I posted a few months ago to get advice about obtaining ILR status, was advised that I wouldn't be eligible, but now there is a new curve-ball so am seeking further advice.

Sep 2015 marked 5 years for me in the UK, but because I hadn't kept the 180-day rule and there was no way for me to distribute the days to the previous/next 12-month periods I was told that I wouldn't be eligible to apply. (Basically, I was outside of the UK for approximately 250 days from the summer of 2014 - summer of 2015).

The agency my employer works with me told me I'm not eligible until 2020, I sought advice on this forum and was told the same, so I gave up on the idea of applying. At the same time, I wasn't sure if I'd be willing to remain in the country till 2020 (due to various reasons such as being a bit burned out with work, etc.).

A few days ago I found out that with my T2G visa I can no longer extend my visa as the maximum years allowed is 6. (It's stated on the UK Gov website.) So unless I switch to another visa or obtain ILR status I must leave the country before early October of this year.

I understand it is my responsibility to be on top of this information (after all, it is myself who is impacted by such regulations), but the agency which we sought advice from the end of last year (which my employer seems to be a client of) constantly gave me incorrect information and now it seems (after I found out about the 6-year rule) their statement that I'd be eligible in 2020 isn't valid.

I have officially emailed my employer explaining this situation as well as why (before when I was looking into obtaining ILR status) they were not willing to help me seek a second opinion through a different agency (especially when this agency seems to have been very unprofessional). Anyway...

As this is a major issue for me (like everyone else), I hope I can get some advice.

1. What options do I have in terms of being able to stay in the UK? As someone under a T2G visa, what other visas can I switch to? Or is it, for example, possible for me to (theoretically, that is if my employer is interested) get a new T2G visa (instead of an extension as that's not possible)?

2. I don't remember my employer telling me that the visa extension which I got in 2013 (for 3 years) would be the last extension possible and I'd need to leave the country before it terminates. Does my employer have any responsibility to inform me of this?

3. Is there really nothing I can do, but to leave the country before October? Is perhaps finding another company who will sponsor me the only way?

I'm not trying to be difficult or cause any problems with my employer. As I said, at the end of the day, I understand I should've done my homework better. But, seeing that I'm in this difficult situation, I'd like to gather as much information as possible.

FYI, the agency my employer works with told me I'm not eligible, experts on this forum told me I'm not eligible (to apply for ILR status now). But when I inquired with another immigration agency (which I believe is credible as it's registered), they said if my employer can prove it was for work then I still have a change and the fact that I'd gone over 180 days doesn't necessarily make not 'ineligible' and that often it is up to the discretion of the immigration advisor/officer reviewing my case.

I was almost decided on leaving the country because I was just tired of everything - all this mess. But I figured if I'm going to leave, I should at least put in a last fight and do everything I can.

ANY advice would be highly appreciated.

Thank you in advance.

[the_eclectic]

Apologies, found a typo.

and the fact that I'd gone over 180 days doesn't necessarily make not 'ineligible'

=> doesn't necessarily make ME 'ineligible'

[the_eclectic]

Hello again,

I see no one has responded to my posts but will post a follow-up question here to avoid cluttering the boards.

I sent my employer an email regarding this 6-year rule and they came back to me with a link on the Government website that states:

https://www.gov.uk/guidance/immigration ... sed-system

(b) The 6 year restriction set out in (a)(iv) will not apply if the applicant:
(i) previously had leave under the Rules in place before 6 April 2011 as:
(1) a Tier 2 (General) Migrant,
...

My employer told me that because I received my first visa in September of 2010 the 6-year restriction wouldn't be applicable. So this means I can extend my T2G visa again in September (as my current visa expires in early October)?

Is this correct? I'm making sure I have the correct information as I've been getting incorrect information many times through the agency my employer uses.

Thank you.

[gratefulhart]

You are correct, the 6-year rule will not apply since you got you first Tier 2 visa before April 2011.

[iworker]

i am no expert, but i thought as long as you were paid in the uk during the time of your absence, and maintained the continuous leave (which it seems from your dates), you should be able to split the 250 days in half by applying at certain time of the year (like many people have done on this forum), you should be ok to apply ILR this year. approximately, if u apply 4 months after you left for your long absence from uk, you should have only 4 months outside the uk in each of the preceding 2 years.
you should be ok to extend your tier 2 as long as you want.

[the_eclectic]

@gratefulhart: Thank you for taking the time to reply.

@iworker: Well, the problem is the 250 days I mentioned is just one of the periods that I've been outside of the UK. 250 days roughly from summer of 2014 to summer of 2015, but the reason I cannot split up the 250 days is because if I put some of the days toward the previous 12-month period then my days go over 180.

Just to make it easier to understand I have pasted in my days of absence (from a post back in December). I have spent more days outside of the UK since, but even working with the dates below I believe I've gone over the 180 days during the 12-month periods (hence the agency my employer works with told me I'd be eligible to apply in 2020).

1 27 October 2010 - 31 October 2010 / Personal (3)
2 16 November 2010 - 28 November 2010 / Business (11)
3 29 December 2010 - 02 January 2011 / Personal (3)
4 19 January 2011 - 22 January 2011 / Personal (2)
5 20 April 2011 - 03 May 2011 / Personal (12)
6 25 August 2011 - 06 September 2011 / Business (11)
7 29 September 2011 - 01 October 2011 / Personal (1)
8 21 November 2011 - 05 December 2011 / Business (13)
9 21 December 2011 - 30 December 2011 / Personal (8)
10 19 March 2012 - 25 March 2012 / Personal (5)
11 25 May 2012 - 05 June 2012 / Business (10)
12 18 August 2012 - 21 August 2012 / Personal (2)
13 28 September 2012 - 16 October 2012 / Personal (17)
14 09 November 2012 - 30 November 2012 / Business (20)
15 23 December 2012 - 30 December 2012 / Personal (6)
16 14 March 2013 - 20 March 2013 / Personal (5)
17 13 June 2013 - 26 June 2013 / Business (12)
18 04 August 2013 - 14 August 2013 / Business (9)
19 12 December 2013 - 04 February 2014 / Business/Personal (53)
20 09 March 2014 - 20 April 2014 / Business (41)
21 12 June 2014 - 14 June 2014 / Personal (1)
22 17 June 2014 - 07 August 2014 / Business (50)
23 23 August 2014 - 22 September 2014 / Business (29)
24 05 October 2014 - 01 December 2014 / Business (56)
25 09 December 2014 - 11 December 2014 / Personal (1)
26 16 December 2014 - 05 June 2015/ Business/Personal (170)
27 22 June 2015 - 27 June 2015 / Business (4)
28 10 July 2015 - 15 July 2015 / Personal (4)
29 03 August 2015 - 17 August 2015 / Business (13)
30 12 September 2015 - 29 September 2015 / Business (16)
31 12 November 2015 - 17 November 2015 / Personal (4)
32 29 November 2015 - 02 December 2015 / Personal (2)