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Tier 2 to ILR

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

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SGSN
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Posts: 10
Joined: Thu Jul 04, 2013 8:48 pm

Tier 2 to ILR

Post by SGSN » Thu Jul 04, 2013 9:02 pm

Hi Gurus,

I entered UK as a Student in 2006, changed my VISA status from Student to PSW in 2007. My employer decided to sponsor so applied for Tier 2 SW VISA in March 2009, later I changed company in Aug 2011, new employer sponsored me again this time Tier 2 General with certificate of sponsorship. I believe I qualify for ILR in March 2013, but my current employer did a recent audit on Visa's within, as a result of this audit they have enrolled me to Tier 2 general Extension instead of ILR. when asked about my enrollment the HR is suggesting to me that since I have Tier-2 COS (applied in Aug 2011) I am not qualified for ILR. I am now extremely worried that I am not eligible for ILR. can you please advice on my situation?

Thanks :(
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SGSN
Newly Registered
Posts: 10
Joined: Thu Jul 04, 2013 8:48 pm

Post by SGSN » Fri Jul 05, 2013 11:22 am

Forgot to add, I have not taken any days off while switching Companies...
Please advice...
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iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Post by iworker » Fri Jul 05, 2013 11:58 am

I dont know what ur company says u, but u cant apply for ILR after 4 years.. its 5 years continous stay.
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SGSN
Newly Registered
Posts: 10
Joined: Thu Jul 04, 2013 8:48 pm

Post by SGSN » Fri Jul 05, 2013 1:12 pm

Sorry Typo Error, I mean 2014 March... at which time I complete 5 years, My main question is, Does change of Employer affect me (i.e will new application in 2011 reset the clock for qualifying period?)
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manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Fri Jul 05, 2013 3:54 pm

If you were granted Tier 2 (General) leave in March 2009 and then switched in-country to another Tier2 (General) sponsor in 2011 this should not affect your 5 year ILR clock which started in March 2009.

Ask HR for an explanatiion of what they said and refer them to Immigration Rule 245HF(c)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
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