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Nothing changes in terms of your Tier 2 visa until you apply for ILR.1) If I only have 3 months between now and November, what happens to me in those 3 months that they are still processing my application?
You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date.2) How early before my visa expires can I apply? If I apply now, technically I haven't completed the 5 years. If I wait till I complete the 5 years in November then I won't have had enough time to apply and I'd be here without a valid visa
It doesn't take 6 months anymore. It is 8 weeks standard service or Super Priority service which is usually a decision within 24 hours. You don't submit any original documents anymore. Everything is scanned and uploaded for your UKCVAS Sopra Steria appointment (biometric enrolment and document check). You cannot however travel while your application is pending as this will mean your application is withdrawn.3) If the application does take 6 months and they require my US passport, does that mean I cannot travel outside of the UK for that time?
Companies rarely pay for ILR. It is usually the applicant that pays the fee. You can extend your Tier 2 for another year if that brings you to the 6 years max you can be on tier 2.If the company does not want to pay for my ILR, could they at least pay for 1 more year of the Tier 2 general visa and I would apply on my own time and money for the ILR? Or do you have to go for ILR once you've done 5 years?
No they are not 'expected' to pay your visa fees. There is nothing in their sponsor responsibilities that state they must do this. The employer letter for ILR stating you are required for the foreseeable future and stating your absence and employment details is mandatory.My company still needs my role and I plan to continue working for them. So would they be expected to pay for the visa? Also, the Gov website says the company will need to provide a letter that I'm needed to work. Is that necessarily the case - come November I'd have been living here for 5 years anyway, so do I really need the company's letter?
Thanks very much for your thorough answer, that is mostly clear. Only bits I need clarification on are:CR001 wrote: ↑Sun Aug 04, 2019 8:33 amNothing changes in terms of your Tier 2 visa until you apply for ILR.1) If I only have 3 months between now and November, what happens to me in those 3 months that they are still processing my application?
You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSUE date.2) How early before my visa expires can I apply? If I apply now, technically I haven't completed the 5 years. If I wait till I complete the 5 years in November then I won't have had enough time to apply and I'd be here without a valid visa
It doesn't take 6 months anymore. It is 8 weeks standard service or Super Priority service which is usually a decision within 24 hours. You don't submit any original documents anymore. Everything is scanned and uploaded for your UKCVAS Sopra Steria appointment (biometric enrolment and document check). You cannot however travel while your application is pending as this will mean your application is withdrawn.3) If the application does take 6 months and they require my US passport, does that mean I cannot travel outside of the UK for that time?
Companies rarely pay for ILR. It is usually the applicant that pays the fee. You can extend your Tier 2 for another year if that brings you to the 6 years max you can be on tier 2.If the company does not want to pay for my ILR, could they at least pay for 1 more year of the Tier 2 general visa and I would apply on my own time and money for the ILR? Or do you have to go for ILR once you've done 5 years?
No they are not 'expected' to pay your visa fees. There is nothing in their sponsor responsibilities that state they must do this. The employer letter for ILR stating you are required for the foreseeable future and stating your absence and employment details is mandatory.My company still needs my role and I plan to continue working for them. So would they be expected to pay for the visa? Also, the Gov website says the company will need to provide a letter that I'm needed to work. Is that necessarily the case - come November I'd have been living here for 5 years anyway, so do I really need the company's letter?
Good advice! Unfortunately I don't think it'll work in my case as my company went through a lot of layoffs and I don't know if they'd be willing to fork the bill for this. May be worth a shot though...Expat2009 wrote: ↑Mon Aug 05, 2019 4:12 pmEmployers generally don't pay for ILR. However, that doesn't mean it's not worth trying - My employer paid for the Super Priority application.
You'll need to put a good business case to justify your worth to the company. I basically told my employer that I couldn't legally work for them after my current Tier 2 visa expired (which is true). I further explained that I also couldn't afford the ridiculously expensive fee, so I had no choice but to look for sponsor who'd pay whether it's them or someone else in the market. I was bluffing...but it worked
In exchange, I have to work for them for an agreed time. If I leave before that period, I will have reimburse the company with a percentage of the fee. You could also use this arrangement. I think it's fair on both parties - the company gets it's investment back in form of a stable resource or a portion of the fee back.
The employer letter is mandatory as stated in the immigration rules. The requirement for ILR based on tier 2 is the 5 years qualifying period AND being employed and needed for the 'foreseeable future' by the sponsor AND on the required salary of at least £35,800pa or what is stated in your SOC, whichever salary is HIGHER.1) Why is the employer letter required? Even if I didn't plan on staying with my employer, I will have been in the UK for 5 consecutive years in employment for the duration of this time. Could I not just submit (and pay) for ILR on my own without this letter?
Apply when you have returned as you are required to complete all your absences in the form.2) Annoyingly, I do have travel planned towards when my application needs to be submitted. If I submit the application while I am away and then come back (I will only be gone for 10 days) will it still be valid?
This is completely at the discretion of the company and comes down to your manager who is responsible for approving your budgets, salary increase et. all.Expat2009 wrote: ↑Mon Aug 05, 2019 4:12 pmEmployers generally don't pay for ILR. However, that doesn't mean it's not worth trying - My employer paid for the Super Priority application.
You'll need to put a good business case to justify your worth to the company. I basically told my employer that I couldn't legally work for them after my current Tier 2 visa expired (which is true). I further explained that I also couldn't afford the ridiculously expensive fee, so I had no choice but to look for sponsor who'd pay whether it's them or someone else in the market. I was bluffing...but it worked
In exchange, I have to work for them for an agreed time. If I leave before that period, I will have reimburse the company with a percentage of the fee. You could also use this arrangement. I think it's fair on both parties - the company gets it's investment back in form of a stable resource or a portion of the fee back.