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Calculating 5 Year Period for Tier2 General Previously PSW

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Asake2016
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Posts: 1
Joined: Wed Nov 16, 2016 4:21 am

Calculating 5 Year Period for Tier2 General Previously PSW

Post by Asake2016 » Wed Nov 16, 2016 4:51 am

Hi.
I think I am having the same problem as you.
I came to the UK on a tier 4 for my masters degree in 2008. After I finished in 2009 I got a post study visa. I then got a job in November 2011 with tier 2 sponsorship but I was still on my post study visa for a few months after I resumed the job. When I applied for my first tier 2 general it was given as 1 year 6 months rather than 2 years and they told me it was backdated as my employment started in November but the brp start date was June 2012. Then I got on to the second part of the tier 2 which was issued for another 3 years which now expires in January 2017. I am confused if it has completed the 5 years because I started the job in November 2011. I have been in the same engineering job since november 1st 2011. Can I apply for ILR in January or do I need some form of 3 months extension extension till June. I am really confused. Is it possible for home office to give a 4 years 6 months tier 2 visa ? I will appreciate a response soon. Many thanks

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Djsuccess
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Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Calculating 5 Year Period for Tier2 General

Post by Djsuccess » Wed Nov 16, 2016 6:38 am

Asake2016 wrote:Hi.
I think I am having the same problem as you.
I came to the UK on a tier 4 for my masters degree in 2008. After I finished in 2009 I got a post study visa. I then got a job in November 2011 with tier 2 sponsorship but I was still on my post study visa for a few months after I resumed the job. When I applied for my first tier 2 general it was given as 1 year 6 months rather than 2 years and they told me it was backdated as my employment started in November but the brp start date was June 2012. Then I got on to the second part of the tier 2 which was issued for another 3 years which now expires in January 2017. I am confused if it has completed the 5 years because I started the job in November 2011. I have been in the same engineering job since november 1st 2011. Can I apply for ILR in January or do I need some form of 3 months extension extension till June. I am really confused. Is it possible for home office to give a 4 years 6 months tier 2 visa ? I will appreciate a response soon. Many thanks

The time spent while on post study doesn't count toward your ILR. You will need to extend your visa for at least 6months to make your time on tier 2general 5years. And you need to ask your sponsor to assign you a CoS as soon as possible.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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