Tier 2 General Extension (Period Query)

[Junaidrai]

Hi Everyone,

My current leave under Tier 2 General is for 3 years and I need to extend it very soon.

After reading the guidance on Extension I am confused with the following wording:

"You can apply to extend this visa for up to another 5 years, as long as your total stay is not more than 6 years."

What does above statement mean?

My understanding was, we can only apply for maximum 5 years [in my case 3 years already gone and now I need to apply for 2 years extension]. But after reading the above statement I am confuse that do i need to apply for 2 years or 3 years now? As ILR becomes legitimate after 5 years right?

Kindly give me your advice. Thanks a lot!

Regards,

JR

[a2$h]

Yes so if your first visa is for X years you can extend it for another Y years as long as X+Y<=6.

In your case, X = 3 so you can apply for another term which is equal to or less than 3 years.

ILR is not mandatory or automatic after 5 years. Yes you can apply for it after you qualify through 5 years route but if in case you want to be on Tier 2 visa for 6 years and return to your home without applying for ILR you can also do that.

[Junaidrai]

Hi a2$h,

Thanks for your kind reply it is really explanatory and helpful.

Idea is to apply for ILR as soon as it becomes legitimate. If I apply for two years now, it will also save me on IHS surcharge payment (three persons in total).

Appreciate your help once again.


Regards,
JR

[Junaidrai]

Yes so if your first visa is for X years you can extend it for another Y years as long as X+Y<=6.

In your case, X = 3 so you can apply for another term which is equal to or less than 3 years.

ILR is not mandatory or automatic after 5 years. Yes you can apply for it after you qualify through 5 years route but if in case you want to be on Tier 2 visa for 6 years and return to your home without applying for ILR you can also do that.

Hi a2$h,

Sorry some thing just came in my mind. I thought its good to check with you.

In case i do apply for two years now, after 5 years i will apply for ILR.

When I apply for ILR, would that application include my Wife and my baby as well.

or do I need to apply for ILR, get the result first and then apply for them. in this case their leave will expire in the mean time. how does this work? any idea?

Regards,

JR

[CR001]

It depends how long your wife has been in the UK as your dependent and also depends on where the child was born and how long child has been in the UK?

[Junaidrai]

It depends how long your wife has been in the UK as your dependent and also depends on where the child was born and how long child has been in the UK?

Hi CR001,

Thanks for coming back to me.

My wife is in UK with me from October 2015 and my child was born here in UK [ he is almost 7 months old now].

I hope you understand my confusion. As my wife's and Child's visa will be expiring inline with mine.

when I apply for ILR, the time they gonna take to finalise my application is approx 6 months by that time their visa's will expire [if i apply for two years now].

My understanding is my wife will switch from Tier 2 Dependant to Spouse visa. But for this she needs to wait for my ILR. is it right?

In this case applying for two years now might end up in mess?

Please advise!

Regards,

JR

[CR001]

If you apply for ILR based in 5 years tier 2 general then your wife can continue to extend her pbs dep visa till she meets the requirement for ILR with 5 yeaes residence.

[Junaidrai]

If you apply for ILR based in 5 years tier 2 general then your wife can continue to extend her pbs dep visa till she meets the requirement for ILR with 5 yeaes residence.

Much appreciated your response on this. This is the thing not clear to me.

When I will apply for ILR, how does she can still apply under PBS dependant while I will not be a PBS migrant any more?

doesn't she need to switch her status from PBS dependant to Spouse (i.e. partner of a settled person)???

Thanks!

[CR001]

No ahe doea NOT have to swtich, the rules allow her to saty on obs dep till she qualifiea for ILR.

See link velow

immigration-for-family-members/dependan ... 14832.html

[Junaidrai]

No ahe doea NOT have to swtich, the rules allow her to saty on obs dep till she qualifiea for ILR.

See link velow

immigration-for-family-members/dependan ... 14832.html

Hello CR001,

thank you very much for your superb help.

So basically my ILR will be counted as ILR as PBS [i.e. PBS will stay attached with the status]. Now things are getting clearer.

Considering the above help provided by you:

If I apply for Three years now, The expected length of the leave will be till June 2020.

I will become eligible in March 2019 (being 5 years completed) - at this stage Me and my baby will apply for ILR [am i right in saying this].

While my wife will continue to live as normal Tier 2 Gen. dependant visa till June 2020 [i.e. we don't need to reapply and get her on ILR based PBS dependant - right?].

So, in June 2020 we will extend her visa on ILR based PBS dependent, as She will qualify for 5 years route in October 2020. after this she can come on ILR with me?

Or

If I apply for two years now, when me and my baby will apply for ILR in Mar 2019, at the same time she can apply for extension as ILR based PBS dependant?

Am i right in mapping the above route Sir CR001?

Need your kind Advice!

Regards,
JR

[CR001]

I am a "miss"

If you plan on applying for citizenship for your UK born child then the child does not need ILR.

If not applying for citizenship, child will follow same path as mother.

If you all apply for a 3 year extension, then no need to change wife visa once you get ILR.

[Junaidrai]

I am a "miss"

If you plan on applying for citizenship for your UK born child then the child does not need ILR.

If not applying for citizenship, child will follow same path as mother.

If you all apply for a 3 year extension, then no need to change wife visa once you get ILR.

Dear Miss CR001,

I am so sorry about addressing you wrongly.

I have got your answers now. would you please advise me on When Can I apply for my child's citizenship as you just referred above.

My understanding was when my ILR will get converted into Citizenship then child would be able to apply for citizenship. [possibly wrong understanding]

we are reaching there with your help. Appreciated

Regards,

JR

[CR001]

As your child is UK born, as soon as you get ILR and your BRP for ILR, you can apply to regiayer the chikd as British as it is an entitlemwnt to register. Child does not need ILR for this as child is UK born.

[Junaidrai]

As your child is UK born, as soon as you get ILR and your BRP for ILR, you can apply to regiayer the chikd as British as it is an entitlemwnt to register. Child does not need ILR for this as child is UK born.

Thank you very much Miss CR001.

I just need you to have a look at my below map before we end this conversation. I am summarising what we have discussed:

We will Apply for Three years extension, it will give us time till June 2020
I will apply for ILR somewhere along the line in March 2019 while leaving Wife on the same Tier 2 Gen Dep visa and Child as well
Once I get my decision on ILR, I will apply for Child's Citizenship.
When my Wife's visa expires in June 2020, will apply for her extension under ILR as PBS dependant to complete her period of 5 years
Once she complete her 5 years in October 2020, Apply for her ILR.

Not to take her on Spouse visa (or family member of a settled person) as it will reset the clock for 5 year eligibility time period for ILR.

do yo agree with the above approach?

Kind Regards,

Junaid RAi

[CR001]

Correct yes.

Also, if you are British already when your wife gets ILR, she can apply for citizenship immediayely without waiting 12 months.

[Junaidrai]

Correct yes.

Also, if you are British already when your wife gets ILR, she can apply for citizenship immediayely without waiting 12 months.

Miss CR001,

you are very helpful and supportive. Bundle of Thanks for educating me really well.

I will follow this approach.

Enjoy your summary weekend.

Regards,
JR

[CR001]

You're welcome and feel free to ask any further questions if you have any.

Have a good weekend too

[Junaidrai]

You're welcome and feel free to ask any further questions if you have any.

Have a good weekend too

Thanks! Indeed one more question just came to my mind.

After getting my ILR, when my Wife's dependant's visa extension will come in June 2020.

When I will apply online, Which category will I Select?

Tier 2 Gen (leave to remain) - out of drop list available in online application

as I dont think so, they do have any category saying ILR as PBS (dependant). Her extension will still be under same category Tier 2 Gen unless she completes her 5 years and move on to ILR?

[Junaidrai]

You're welcome and feel free to ask any further questions if you have any.

Have a good weekend too

Good Morning CR001,

I hope you have enjoyed your extended weekend.

kindly note, I am still awaiting your response on my latest question. If you please help.

Regards,

JR

[CR001]

She applies as tier 2 general dependent

[Junaidrai]

She applies as tier 2 general dependent

Thank you very much CR001.

Regards,

JR