Tier 2 to ILR(processing time) & ILR through 10 years route

[kumar114]

Hi all,
First of all, a brief history on my VISA.
-Arrived UK in 10 September 2009 in a student VISA(Tier 4).
- Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.
- VISA extened in July 2017
- Now current VISA expires in June 2019

I still have plently of time to apply for ILR and things might change at that time but still want to know some answer.

1. Suppose I apply for ILR in May 2017, how long does it takes generally?
2. If I don't get VISA through 5 years route, then by that time it will be 10 years. So am I eligible to apply through 10 years route given the fact that I got curtailment letter in March 2014?

kind regards
kumar

[kumar114]

Sorry..In question 1, I mean to say May 2019.

[dan883]

[quote=kumar114 post_id=1571740 time=1512827462 user_id=132314]

- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.

Why did they refuse your visa?

[kumar114]

Because i applied using wrong SOC code.

[kumar114]

- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.

Why did they refuse your visa?

Hi dan883,
It was refused because I applied using SOC code.

[dan883]

It's best to request the immigration history of yours to find out the records that HO holds for you.

[kumar114]

It's best to request the immigration history of yours to find out the records that HO holds for you.

Hi dan883,
Thanks for the reply.
I just want to know
1. How long does the ILR process takes in general?
2. Since I received curtailment letter in March 2014, am I allowed to apply ILR through 10 years route?

kind regards
kumar

[makky86]

Hi all,
First of all, a brief history on my VISA.
-Arrived UK in 10 September 2009 in a student VISA(Tier 4).
- Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.
- VISA extened in July 2017
- Now current VISA expires in June 2019

I still have plently of time to apply for ILR and things might change at that time but still want to know some answer.

1. Suppose I apply for ILR in May 2017, how long does it takes generally?
2. If I don't get VISA through 5 years route, then by that time it will be 10 years. So am I eligible to apply through 10 years route given the fact that I got curtailment letter in March 2014?

kind regards
kumar

Can you provide the last day with the employer A and day of application with the employer B

[kumar114]

Hi all,
First of all, a brief history on my VISA.
-Arrived UK in 10 September 2009 in a student VISA(Tier 4).
- Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.
- VISA extened in July 2017
- Now current VISA expires in June 2019

I still have plently of time to apply for ILR and things might change at that time but still want to know some answer.

1. Suppose I apply for ILR in May 2017, how long does it takes generally?
2. If I don't get VISA through 5 years route, then by that time it will be 10 years. So am I eligible to apply through 10 years route given the fact that I got curtailment letter in March 2014?

kind regards
kumar

Can you provide the last day with the employer A and day of application with the employer B

Hi makky86
My last day with employer A was 25 November 2013. They informed home office on 2 December 2013.

Application with employer B was submitted on 15 May 2014 which got refused because of not doing RLMT/incorrect SOC code. So new application(with RLMT/correct SOC code) was made and granted VISA on 22 July 2014.

Current VISA expires in 11 June 2019.

kind regards
Kumar

[makky86]

Hi all,
First of all, a brief history on my VISA.
-Arrived UK in 10 September 2009 in a student VISA(Tier 4).
- Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.
- VISA extened in July 2017
- Now current VISA expires in June 2019

I still have plently of time to apply for ILR and things might change at that time but still want to know some answer.

1. Suppose I apply for ILR in May 2017, how long does it takes generally?
2. If I don't get VISA through 5 years route, then by that time it will be 10 years. So am I eligible to apply through 10 years route given the fact that I got curtailment letter in March 2014?

kind regards
kumar

Can you provide the last day with the employer A and day of application with the employer B

Hi makky86
My last day with employer A was 25 November 2013. They informed home office on 2 December 2013.

Application with employer B was submitted on 15 May 2014 which got refused because of not doing RLMT/incorrect SOC code. So new application(with RLMT/correct SOC code) was made and granted VISA on 22 July 2014.

Current VISA expires in 11 June 2019.

kind regards
Kumar

Unfortunately as per current , that applies to yo , you had more than 60 days gap between switching to another employer that means you cannot apply for ILR based on T2.

This rule is going to be removed if anyone has COS assigned after 11th Jan 2018. Since T2 is maximum 6 years and your clock was reset 22th July 2014 so you would be eligible to apply 28 days within 22th July 2019.

You would be days short as your current visa expires on 11th June 2019 and you cannot extend anyfurter.

As per new rule if you switch to another employer after 11th Jan 2018 that would remove this 60 days gap issue and you 'd be eligible to apply for ILR soon after switching.

You can wait for experts to reply but I suggest you hire a good solicitor

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[kumar114]

Hi all,
First of all, a brief history on my VISA.
-Arrived UK in 10 September 2009 in a student VISA(Tier 4).
- Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.
- VISA extened in July 2017
- Now current VISA expires in June 2019

I still have plently of time to apply for ILR and things might change at that time but still want to know some answer.

1. Suppose I apply for ILR in May 2017, how long does it takes generally?
2. If I don't get VISA through 5 years route, then by that time it will be 10 years. So am I eligible to apply through 10 years route given the fact that I got curtailment letter in March 2014?

kind regards
kumar

Can you provide the last day with the employer A and day of application with the employer B

Hi makky86
My last day with employer A was 25 November 2013. They informed home office on 2 December 2013.

Application with employer B was submitted on 15 May 2014 which got refused because of not doing RLMT/incorrect SOC code. So new application(with RLMT/correct SOC code) was made and granted VISA on 22 July 2014.

Current VISA expires in 11 June 2019.

kind regards
Kumar

Unfortunately as per current , that applies to yo , you had more than 60 days gap between switching to another employer that means you cannot apply for ILR based on T2.

This rule is going to be removed if anyone has COS assigned after 11th Jan 2018. Since T2 is maximum 6 years and your clock was reset 22th July 2014 so you would be eligible to apply 28 days within 22th July 2019.

You would be days short as your current visa expires on 11th June 2019 and you cannot extend anyfurter.

As per new rule if you switch to another employer after 11th Jan 2018 that would remove this 60 days gap issue and you 'd be eligible to apply for ILR soon after switching.

You can wait for experts to reply but I suggest you hire a good solicitor

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

Hi makky86,
Thanks again.
T2 is maximum 6 years. My visa expires in June 11 2019.
If my clock is reset on 22th July 2014, i will still have a year to make it 6 years right?
So can't I extend my TIER 2 further for 1 year before June 11 2019?


kind regards
Kumar

[makky86]

Hi makky86,
Thanks again.
T2 is maximum 6 years. My visa expires in June 11 2019.
If my clock is reset on 22th July 2014, i will still have a year to make it 6 years right?
So can't I extend my TIER 2 further for 1 year before June 11 2019?

If you clock reset on 22th July 2014 then you're eligible to apply ILR 28 days prior to 22th July 2019.

That means you can apply on/after Monday, 24 June 2019

Since November 2016 you have 14 days to apply leave to remain after your current visa expires.

Fortunately you will still have 1 day left to apply for ILR from T2

https://www.freemovement.org.uk/oversta ... ood_reason

As per above document you'd need some sort of reason for delaying for 14 days though.

Alternative

As I mentioned earlier the 60 days unemployment rule is going to removed if the COS is assigned post 11th Jan 2018.

You can look for another sponsor after this date and switch T2 which will give you new COS.

If you can do that then you can apply ILR in May 2018.

[kumar114]

Hi makky86,
Thanks again.
T2 is maximum 6 years. My visa expires in June 11 2019.
If my clock is reset on 22th July 2014, i will still have a year to make it 6 years right?
So can't I extend my TIER 2 further for 1 year before June 11 2019?

If you clock reset on 22th July 2014 then you're eligible to apply ILR 28 days prior to 22th July 2019.

That means you can apply on/after Monday, 24 June 2019

Since November 2016 you have 14 days to apply leave to remain after your current visa expires.

Fortunately you will still have 1 day left to apply for ILR from T2

https://www.freemovement.org.uk/oversta ... ood_reason

As per above document you'd need some sort of reason for delaying for 14 days though.

Alternative

As I mentioned earlier the 60 days unemployment rule is going to removed if the COS is assigned post 11th Jan 2018.

You can look for another sponsor after this date and switch T2 which will give you new COS.

If you can do that then you can apply ILR in May 2018.

Hi makky86,
Thanks for your quick reply again.
I still didn't got my asnwer. Lets just forget about ILR.
My tier 2 got reset on 22 july 2014 and visa expires on 11 June 2019. This makes it 5 years right? But tier 2 allows upto 6 years. So can't I further extend my visa before 11 june 2019?

Kind regards
Kumar

[CR001]

Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.

Why do you believe your Tier 2 got 'reset' in 2014??? You have held a Tier 2 since June 2013, you cannot extend for more than 6 years from that date.

[kumar114]

Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.

Why do you believe your Tier 2 got 'reset' in 2014??? You have held a Tier 2 since June 2013, you cannot extend for more than 6 years from that date.

Hi CR001,
I believed that because makky86 mentioned in his reply made at 5:45 pm.
So its not reset then.

Kind regards
Kumar

[makky86]

Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.

Why do you believe your Tier 2 got 'reset' in 2014??? You have held a Tier 2 since June 2013, you cannot extend for more than 6 years from that date.

Hi CR001,
I believed that because makky86 mentioned in his reply made at 5:45 pm.
So its not reset then.

Kind regards
Kumar

You are not understanding it. Let me clarify little bit more.

In order to get ILR from T2 you should have 5 years continuous employment. One of the requirements is that if you change employer then the the application for the new employer should be made within 60 days after the last day with previous employer.

In your case you have had way more than 60 days so that broke your continuous employment. When I say it reset your clock I mean the continuous employment.

You had new T2 with new employer in July 2014 that means now you would only be eligible to apply ILR in July 2019.

But please read my previous answer about this rule being removed after 11th Jan 2018. But that you'd require you to have new COS assigned with new T2. (Read again my above answer for more dtails)


T2 is never reset ,it will be maximum for 6 years ! No matter what

[kumar114]

Got my first Tier 2 VISA in June 2013. Started job for company A.
- I had to left the job during November 2013. So company A cancelled thier licence.
- Company A referred me to company B.(working without knowing that I should apply for new VISA)
- 'Curtailment of leave' letter received in March 2014.
- Applied for VISA but got rejected. Then immediately applied again and got VISA in July 2014.

Why do you believe your Tier 2 got 'reset' in 2014??? You have held a Tier 2 since June 2013, you cannot extend for more than 6 years from that date.

Hi CR001,
I believed that because makky86 mentioned in his reply made at 5:45 pm.
So its not reset then.

Kind regards
Kumar

You are not understanding it. Let me clarify little bit more.

In order to get ILR from T2 you should have 5 years continuous employment. One of the requirements is that if you change employer then the the application for the new employer should be made within 60 days after the last day with previous employer.

In your case you have had way more than 60 days so that broke your continuous employment. When I say it reset your clock I mean the continuous employment.

You had new T2 with new employer in July 2014 that means now you would only be eligible to apply ILR in July 2019.

But please read my previous answer about this rule being removed after 11th Jan 2018. But that you'd require you to have new COS assigned with new T2. (Read again my above answer for more dtails)


T2 is never reset ,it will be maximum for 6 years ! No matter what

Hi makky86,
I have understood now. But i cannot apply in july cause i have visa till 7 june 2019.
Unless i find another employer which does not seem possible.

I have another query. I came here in 10 September 2009. In order to apply through 10 year route in Septemebr 2019 i will be short of 3 months. Do you think i can still apply through 5 year route? I know it is not possible. But just to get some time. So that when the decision comes it will be already 10 years.

Kind regards
Kumar

[CR001]

I have understood now. But i cannot apply in july cause i have visa till 7 june 2019.
Unless i find another employer which does not seem possible.

You can apply anytime WITHIN 28 days before reaching 5 years qualifying period.

[kumar114]

I have understood now. But i cannot apply in july cause i have visa till 7 june 2019.
Unless i find another employer which does not seem possible.

You can apply anytime WITHIN 28 days before reaching 5 years qualifying period.

Yes. I understood that.
So if I count 28 days before reaching 5 years it will be June 24, on which I have to apply.
But my visa expires in 7 June.

kind regards
kumar