ILR Eligibility - Tier 4 to 2

[blueyes]

Hello,

I was hoping someone can help me with my query (I apologise if this has already been discussed before)

I came to UK in Sept 2006 on student visa, switched to Tier 4 to work in 2011-2012 (but Im assuming Tier 4 is similar to student visa) and then Tier 2 from Aug 2013, expiring on 20th Aug 2016.

Im assuming I can't apply via the 5 year route despite working for 5 years as I was only on Tier 2 for 3 years?
If Im applying for ILR via 10 year route, my 28 days prior to qualifying period falls on 19th August 2016, a day before my current visa expires and also a Friday!Would it be safer to just extend my Tier 2 visa and then apply despite it working out to be more expensive in the end?

Thank you!

[Nzekells]

Hello Blueyes,

If your current visa runs out a day before ILR LR qualification, I would think to apply to extend, and then vary the application shortly after (anytime before decision). This way, you'd just pay the difference if the new application is costlier. Pls bear in mind you would not receive any money back if the new appl is cheaper, though I guess thats the least of your concerns now. Good luck.

[blueyes]

Hi Nzekells,

Thank you very much for your reply & advice!
Can I just clarify when you meant vary my application after, did you mean apply for extension and change application before the outcome for the extension is given? I didn't realise you can do that..However, I think I may have to apply for extension soon if Im going down that route as I start a new job in August and they may want something concrete in terms of my immigration status..

[CR001]

If you are starting a new job, you have to apply to change sponsors anyway with a new Tier 2 General application. You cannot change employers without changing your visa.

[blueyes]

No, my sponsor would remain the same, they will just extend their sponsorship for my Tier 2 visa - its technically a different/new job for the same sponsor if that makes sense

[CR001]

Different SOC code too? NQF6??

[blueyes]

SOC code remains the same too, NQF 6

[Nzekells]

Hi Nzekells,

Thank you very much for your reply & advice!
Can I just clarify when you meant vary my application after, did you mean apply for extension and change application before the outcome for the extension is given? I didn't realise you can do that..However, I think I may have to apply for extension soon if Im going down that route as I start a new job in August and they may want something concrete in terms of my immigration status..

Hi Blueness,
I mean exactly that, and yes, you could do exactly that! Re your new job in August, you'd only have to ensure you don't apply too early than allowed. And more importantly, don't make it appear like a new job to HO. @CR001's question is relevant here. Based on your answer, it might raise a false alarm if you make it sound new, when it's not.
Cheers.

[blueyes]

Yes I see what you mean, thank you for the advice - I will make sure not to make it appear that way.