Tier 2 General to ILR - Sponsor won't extend

[vishy786]

Hi,

my wife came to UK in sep 2009 on tier 5 visa (youth mobility scheme) on NZ passport. She converted her tier 5 visa to tier 2 general in sep 2011. she changed her tier 2 sponsorship of in apr 2015 (moved from one sponsor to another, but stayed at tier 2 general visa). Her sponsor is not ready to sponsor her beyond june 2016.
She was planning to apply for ILR this august (28 days prior), but because of this issue, will she may lose her chance of getting ILR. Is there a way she can still qualify for ILR in aug 2016

[CR001]

Hi,

my wife came to UK in sep 2009 on tier 5 visa (youth mobility scheme) on NZ passport. She converted her tier 5 visa to tier 2 general in sep 2011. she changed her tier 2 sponsorship of in apr 2015 (moved from one sponsor to another, but stayed at tier 2 general visa). Her sponsor is not ready to sponsor her beyond june 2016.
She was planning to apply for ILR this august (28 days prior), but because of this issue, will she may lose her chance of getting ILR. Is there a way she can still qualify for ILR in aug 2016

Find another sponsor perhaps?

[CR001]

I have moved your post to the ILR forum as you posted in the British citizenship forum which is not the correct place.

[vishy786]

I have moved your post to the ILR forum as you posted in the British citizenship forum which is not the correct place.

Apologies, i forgot. Please guide which ILR forum, as i am not able to find. Thanks

[CR001]

This (your) topic has been moved and created in the correct sub-forum for you. So you can continue posting here where it is.

[vishy786]

This (your) topic has been moved and created in the correct sub-forum for you. So you can continue posting here where it is.

Thanks

[vishy786]

Hi,

my wife came to UK in sep 2009 on tier 5 visa (youth mobility scheme) on NZ passport. She converted her tier 5 visa to tier 2 general in sep 2011. she changed her tier 2 sponsorship of in apr 2015 (moved from one sponsor to another, but stayed at tier 2 general visa). Her sponsor is not ready to sponsor her beyond june 2016.
She was planning to apply for ILR this august (28 days prior), but because of this issue, will she may lose her chance of getting ILR. Is there a way she can still qualify for ILR in aug 2016

Find another sponsor perhaps?

We are trying hard, but no luck for past 1 month. No one is ready to sponsor for short duration

[CR001]

Don't tell a new sponsor that it is only needed for a couple of months.

What is your immigration status?

[vishy786]

Don't tell a new sponsor that it is only needed for a couple of months.

What is your immigration status?

I tried doing that twice, but they ask for all old visa details and got that she will get her ILR in few months, so they refused or were charging very much.

i heard that, once VISA expires, we can stay in country for 60 days. My wife visa will be cancelled on 1st june. and her ILR date is 29th Aug (28 days prior to 27th Sept 2009 visa stamped date). So can she still apply for ILR, during her 60 day notice.

[CR001]

No, the 60 days only applies to a visa holder when their visa is curtailed. When does her current visa expire?

She will not be able to apply for ILR if she does not have a valid visa. She also needs a letter from her employer that her employment will be ongoing.

Anyone company that 'charges very much' for a CoS to get a visa is likely not a genuine approved sponsor.

What is your immigration status in the UK??

[vishy786]

No, the 60 days only applies to a visa holder when their visa is curtailed. When does her current visa expire?

She will not be able to apply for ILR if she does not have a valid visa. She also needs a letter from her employer that her employment will be ongoing.

Anyone company that 'charges very much' for a CoS to get a visa is likely not a genuine approved sponsor.

What is your immigration status in the UK??

Thanks for clarifying 60 day rule. Her tier 2 general VISA expiry date is sept 2017. But as current employed is not ready to sponsor further, her visa will be cancelled by 1st june 2016.

I am on ILR and submitted my documents for british passport. I recently moved to limited company (contracting) in March2016, so I wont be able to sponsor her until Sept 2016 (6 month as per Appendix_FM_1_7_Financial_Requirement_2015 doc from gov.co.uk which quotes - ''He will need instead to bank all of his net income each week so that this income is reflected in his bank statements for a period of at least 6 months prior to the date of application in order to be able to rely on the gross amount of this employment income in sponsoring his partner’s application.'')

[geriatrix]

Your wife's sponsor cannot "cancel the visa" on 01-Jun-16.
All the sponsor can do is inform UKVI that the sponsorship has been terminated w.e.f. 01-Jun-16. UKVI will then decide whether to curtail leave or not. Since the current leave is due to expire in 2017, the decision will be to curtail leave. When such a decision is taken, they will issue a letter to your wife stating the leave has been curtailed and it will expire on XYZ date (60 days from issue of the curtailment letter).

She has until that XYZ date to search for another Tier 2 sponsor.

Just make sure that the sponsor and UKVI have your wife's current address on their records.

[CR001]

To switch to a spouse visa on FLR(M), she can use her income to meet the financial requirement as she will be applying within the UK, it does not have to be your income.

[vishy786]

To switch to a spouse visa on FLR(M), she can use her income to meet the financial requirement as she will be applying within the UK, it does not have to be your income.

Thanks. In this case, UKBA will need a letter from her current employer stating that
1) she is still working with them
2) she is still required by company to work further

For 2nd point her current employer may not agree. Please guide what all docs will be required if she apply for FLR(M)

[vishy786]

Your wife's sponsor cannot "cancel the visa" on 01-Jun-16.
All the sponsor can do is inform UKVI that the sponsorship has been terminated w.e.f. 01-Jun-16. UKVI will then decide whether to curtail leave or not. Since the current leave is due to expire in 2017, the decision will be to curtail leave. When such a decision is taken, they will issue a letter to your wife stating the leave has been curtailed and it will expire on XYZ date (60 days from issue of the curtailment letter).

She has until that XYZ date to search for another Tier 2 sponsor.

Just make sure that the sponsor and UKVI have your wife's current address on their records.

Thanks for clarifying this. one more query on - 'When such a decision is taken, they will issue a letter to your wife stating the leave has been curtailed and it will expire on XYZ date (60 days from issue of the curtailment letter).''

so lets say her current employer informs UKVI on 1st june 2016. then UKVI takes a decision to curtail leave and sends a letter on 20th Jun 2016. so as you guided she can stay in UK or search for an sponsor by 20th Aug 2016 (20th June +60 days)

also what is UKVI stands for

[CR001]

UKVI - UK Visa and Immigration.

Unlikely she will get a curtailment letter by 20th June. HO take a few weeks to issue these.

Have you read my post about applying for FLR(M) using her income to meet the financial requirement?

[vishy786]

UKVI - UK Visa and Immigration.

Unlikely she will get a curtailment letter by 20th June. HO take a few weeks to issue these.

Have you read my post about applying for FLR(M) using her income to meet the financial requirement?

Thanks .
Yes I read it. This is really good to know that, she can meet financial requirement for her own. But while applying, will she need to get a letter from current employer. If there is a checklist, please share with me.

[CR001]

See the link below for the form and guidance notes.

https://www.gov.uk/government/publicati ... -form-flrm

[geriatrix]

so lets say her current employer informs UKVI on 1st june 2016. then UKVI takes a decision to curtail leave and sends a letter on 20th Jun 2016. so as you guided she can stay in UK or search for an sponsor by 20th Aug 2016 (20th June +60 days)

Yes.
But I agree with CR001 that the decision to curtail may not be taken that soon .... so (hopefully) she can expect more time on her hands to find a new sponsor.

Also note that if she switches to FLR(M), her ILR clock will be reset. She will be eligible for settlement only after 5 years on FLR(M).
Better to search for a new Tier 2 sponsor, if possible.

[CR001]

Also note that if she switches to FLR(M), her ILR clock will be reset. She will be eligible for settlement only after 5 years on FLR(M).
Better to search for a new Tier 2 sponsor, if possible.

Or in Aug/Sept 2019 under long residence.