PSW Currently > Tier 2 > ILR is it possible??

[ukpswstatus2]

Hi All,

I am married and currently on PSW visa which is due to expire in June 2014.

I am planning to get sponsorship from my employer and change my category to Tier 2 soon.

My question is - is it possible for me to stay in the UK for next 5 years and get ILR/PR, considering the recent immigration rules.

Is there any cooling off period for the Tier 2 holders applying within the UK?

Can someone please shed some light on how may years the initial Tier 2 visa is and then the extension.

Thanks

[safajnaseef]

Hi All,

I am married and currently on PSW visa which is due to expire in June 2014.

I am planning to get sponsorship from my employer and change my category to Tier 2 soon.

My question is - is it possible for me to stay in the UK for next 5 years and get ILR/PR, considering the recent immigration rules.

Is there any cooling off period for the Tier 2 holders applying within the UK?

Can someone please shed some light on how may years the initial Tier 2 visa is and then the extension.

Thanks

According to current immigration rules, you can qualify for ILR if you have been in the UK under Tier 2 general and when you apply for ILR your salay is £35000 or above (This condition applies on or after 06/04/2016).

Cooling-off period only applies if your last permisson was Tier 2 and you are applying from outside the UK. For example, after 5 years from now under Tier 2 general and your salary is below £35000 then you can extend for only 1 year under Tier 2 general then you have to leave the UK and apply from abroad. In this case you must wait for 12 months cooling-off period before applying again.

[manci]

In a previousr post last year
http://www.immigrationboards.com/viewto ... highlight=
you said that you were the dependant of a PBS migrant.

Is that no longer the case?

[ukpswstatus2]

Hi manci,

Sorry for the confusion.

In my post last year actually I was asking that regarding my husband and I didn't mention that I was PSW dependent though.

Basically here are my details:
I am PSW main applicant
My husband is PSW dependent (he also works full time with 45k)

We are thinking to switch our category to Tier 2 and looking for best options.

Instead of applying my husband as main applicant(which he need to go back to home country)..we are planning to apply a Tier 2 visa myself with a COS(so we can switch within the UK and my husband can be dependent).

In process of this we had few questions like whether we will be eligible for ILR (is there a possibility of extending our visa for next 5 years?)

Could you please help me to understand my options?

Thanks

[ukpswstatus2]

Hi All,

I am married and currently on PSW visa which is due to expire in June 2014.

I am planning to get sponsorship from my employer and change my category to Tier 2 soon.

My question is - is it possible for me to stay in the UK for next 5 years and get ILR/PR, considering the recent immigration rules.

Is there any cooling off period for the Tier 2 holders applying within the UK?

Can someone please shed some light on how may years the initial Tier 2 visa is and then the extension.

Thanks

According to current immigration rules, you can qualify for ILR if you have been in the UK under Tier 2 general and when you apply for ILR your salay is £35000 or above (This condition applies on or after 06/04/2016).

Cooling-off period only applies if your last permisson was Tier 2 and you are applying from outside the UK. For example, after 5 years from now under Tier 2 general and your salary is below £35000 then you can extend for only 1 year under Tier 2 general then you have to leave the UK and apply from abroad. In this case you must wait for 12 months cooling-off period before applying again.

Hi safajnaseef,

Thanks for your reply.

So if I apply for Tier 2 general with COS, how many years visa I will get initially?
And how many years in the subsequent extension?

for example if it is 3 years first and 2 years on extension. then should I be eligible for ILR/PR if my 5th year salary is above 35k?

Please reply

Thanks

[safajnaseef]

Hi All,

I am married and currently on PSW visa which is due to expire in June 2014.

I am planning to get sponsorship from my employer and change my category to Tier 2 soon.

My question is - is it possible for me to stay in the UK for next 5 years and get ILR/PR, considering the recent immigration rules.

Is there any cooling off period for the Tier 2 holders applying within the UK?

Can someone please shed some light on how may years the initial Tier 2 visa is and then the extension.

Thanks

According to current immigration rules, you can qualify for ILR if you have been in the UK under Tier 2 general and when you apply for ILR your salay is £35000 or above (This condition applies on or after 06/04/2016).

Cooling-off period only applies if your last permisson was Tier 2 and you are applying from outside the UK. For example, after 5 years from now under Tier 2 general and your salary is below £35000 then you can extend for only 1 year under Tier 2 general then you have to leave the UK and apply from abroad. In this case you must wait for 12 months cooling-off period before applying again.

Hi safajnaseef,

Thanks for your reply.

So if I apply for Tier 2 general with COS, how many years visa I will get initially?
And how many years in the subsequent extension?

for example if it is 3 years first and 2 years on extension. then should I be eligible for ILR/PR if my 5th year salary is above 35k?

Please reply

Thanks

The validity of Tier 2 General is up to 3 years and 14 days if the contract with your sponsor is for 3 year or more. Otherwise it will be the period of you contract plus 14 days. For example, if the contract is for 2 years then Tier 2 General will be 2 years and 14 days.

You can continue extend your Tier 2 General (if your sponsor is willing to extend your contract or if you find another sponsor) up to 6 years. At the end of this 6 years you have 2 options:

1- If your salary is 35000 or above you can apply for indefinite leave to remain. Actually you can apply for ILR if you complete 5 years under Tier 2 General. For example if you switch to Tier 2 General from today 17/05/2013, then on 17/05/2018 you can apply for ILR.

2- If your salary is below 35000 then you cannot apply for ILR. In this case you have to leave the UK and wait for 12 month cooling-off period then apply to Tier 2 General again.

[ukpswstatus2]

Hi safajnaseef

Thank you again! it is helpful.

So if I am going for ILR on completion of 5th year - should the whole 5th year salary should be above 35k or by end of 5th year??

Thanks

[safajnaseef]

Hi safajnaseef

Thank you again! it is helpful.

So if I am going for ILR on completion of 5th year - should the whole 5th year salary should be above 35k or by end of 5th year??

Thanks

Taken from

http://www.ukba.homeoffice.gov.uk/visas ... t/#header2


Requirements from 6 April 2016

If you are applying for indefinite leave to remain, you must meet all of the requirements under Immigration Rule 245HF which can be found on the right of this page. You must also show that you are being paid:

1- £35,000 per year (before tax); or
2- the correct rate of pay for your job as stated in the codes of practice for Tier 2 sponsors.

Whichever is the higher amount will apply.

So according to the website, you have to prove that your last salary you receive is 35000 or above before you apply for ILR.

[ukpswstatus2]

ok, it seems like £35,500 from April 2018

[justdopposite]

Thanks very much Sajafnaseef, your a star.

could you also tell us about the eligibility for ILR with 10yr continuous stay in the UK, please. Will the following criteria qualify ?

2 year student visa ( Tier 4 ) + 2 year PSW + 6 year Tier 2 General ( below 35k )

Many thanks

[safajnaseef]

Thanks very much Sajafnaseef, your a star.

could you also tell us about the eligibility for ILR with 10yr continuous stay in the UK, please. Will the following criteria qualify ?

2 year student visa ( Tier 4 ) + 2 year PSW + 6 year Tier 2 General ( below 35k )

Many thanks

Yes it will qualify as long as you have been in UK for continuous 10 years since you've first entered the UK with your entry clearance.

[sheraz7]

Usually employment related categories leads to ILR after 5 years. But be remembered the time spent under PSW cannot be counted towards it (5 years).

[sheraz7]

Moreover, the time spent under psw is counted towards 10 years long residence ILR route.

[ukpswstatus2]

Thanks sheraz7

By the time we complete our 5 years of Tier 2 tenure - we will also complete 8 1/2 in total, so we can also keep the 10 years as an options in worst case.

[ukpswstatus2]

one last question

If my husband(PSW dependent) have to switch to Tier 2 General..in which case he has to go back to home country and apply.

Is there a chance for ILR in such case? (assuming cooling-off period will apply before second extension)

[sheraz7]

Yes you can apply ILR after 10 years with mixture of visas under different categories. But make sure your absence each year does not exceed 6 months. and enter and leave with valid visa.

[sheraz7]

one last question

If my husband(PSW dependent) have to switch to Tier 2 General..in which case he has to go back to home country and apply.

Is there a chance for ILR in such case? (assuming cooling-off period will apply before second extension)

Yes dependant need to apply from outside. There is no cooling off period.

[ukpswstatus2]

Yes dependant need to apply from outside. There is no cooling off period.

Are you sure about that..because I was asking about the time he completes his 2/3 years of Tier 2 and then should he do cooling-off period?? not for the first time.

Regarding this http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

[safajnaseef]

Yes dependant need to apply from outside. There is no cooling off period.

Are you sure about that..because I was asking about the time he completes his 2/3 years of Tier 2 and then should he do cooling-off period?? not for the first time.

Regarding this http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

Cooling-off period won't apply on your husband as his last visa was dependent on Tier 1 Post Study Work. And even if your husband visa is dependent Tier2 General then he can switch for Tier2 General from abroad without the need to wait for 12 cooling-off period.

[ukpswstatus2]

Cooling-off period won't apply on your husband as his last visa was dependent on Tier 1 Post Study Work. And even if your husband visa is dependent Tier2 General then he can switch for Tier2 General from abroad without the need to wait for 12 cooling-off period.

Hi safajnaseef

I think there is a little confusion there..

I was asking about my husband extending his Tier 2 in future (in case he gets the Tier 2 this Year.)

example:
1. Lets say if he gets a Tier 2 General now in June-2013 (for 3 years..applied from home country).
2. So his visa will expire in 2016 (completing 3 years on Tier 2)
3. In 2016 he has to go for a Tier 2 Extension - this point does he need to do 'cooling-off' period??

Hope this is clear!

[safajnaseef]

Cooling-off period won't apply on your husband as his last visa was dependent on Tier 1 Post Study Work. And even if your husband visa is dependent Tier2 General then he can switch for Tier2 General from abroad without the need to wait for 12 cooling-off period.

Hi safajnaseef

I think there is a little confusion there..

I was asking about my husband extending his Tier 2 in future (in case he gets the Tier 2 this Year.)

example:
1. Lets say if he gets a Tier 2 General now in June-2013 (for 3 years..applied from home country).
2. So his visa will expire in 2016 (completing 3 years on Tier 2)
3. In 2016 he has to go for a Tier 2 Extension - this point does he need to do 'cooling-off' period??

Hope this is clear!

In 2016, if your husband applies from inside the UK, then cooling-off period won't apply to him. If he applies from outside the UK, then he must wait for 12 months cooling-off period before applying.

I hope this clarify the confusion.

[ukpswstatus2]

In 2016, if your husband applies from inside the UK, then cooling-off period won't apply to him. If he applies from outside the UK, then he must wait for 12 months cooling-off period before applying.

I hope this clarify the confusion.

Thanks for the clarification safajnaseef

I was in a impression that he has to go out of the country for the extension also...didn't knew that he can extend his visa within the UK.

So in this case he can extend his visa and will be eligible for ILR after his 5th year with out any problems (provided all rule met)

[safajnaseef]

In 2016, if your husband applies from inside the UK, then cooling-off period won't apply to him. If he applies from outside the UK, then he must wait for 12 months cooling-off period before applying.

I hope this clarify the confusion.

Thanks for the clarification safajnaseef

I was in a impression that he has to go out of the country for the extension also...didn't knew that he can extend his visa within the UK.

So in this case he can extend his visa and will be eligible for ILR after his 5th year with out any problems (provided all rule met)

Yes he will be eligible for ILR according the current rules.

[ukpswstatus2]

Brilliant

Thanks safajnaseef

[msohaib25]

Hi Safajnaseef,

Read all your detail replies with regards to TIER 2 applicants

Just need your expert opinion to confirm 35000 requirement

Question: Does applicant have to be on 35000 annual salary for whole 5 years or they will just check the 5th year salary criteria?

For example : if i am on 22k for four years deliberately and then by 5th year my employer increased my salary to 35000, would i be eligible for ilr? do u think there could be any chances of failure?

Would appreciate your help as there is no clear detail on ukba website that they will check whole 5 years salaries as per 35000 criteria or just the last 5th year (as per 35k or above salary)

Regards,
Sobi