Tier 2 (Gen) extension & New rules from April 2014

[subujoseph]

HI.. I am trying to think into the future here. Should I go for 3yrs and then extend T2 and then apply for ILR or Go for 5yrs now and then apply for ILR.

This is the calculation that ive made so for. its for myself and 1 dependent.
Total Costs if I apply now i.e before April 6 2014:-
£578 + £434 = £1012 for me and 1 dependent for 3yr T2G Visa
After 3yrs assuming the visa fees stays the same I am looking at, £601 + £601 = £1202 (i.e current T2G visa fees from 6th April 2014) Then for ILR (assuming current fees doesn't go up ==> £1093 + £1093 = £2186
Therefore total for ILR if I apply now ==> £1012 + £1202 + £2186 = £4400 (assuming fees stays the same)

Now if I go for 5yrs T2G after 06th April 2014 the fees for ILR for me and 1 dependent will be:-
T2G ==> £1202 + £1202 = £2404
and then for ILR ==> £1093 + £1093 = £2186
Total Cost = £2404 + £2186 = £4590 (assuming ILR fees doesn't go up)

What are everyone's thoughts regarding the above. Since UKBA is continuously increasing Fees for visa each year, God only know how much will the fees be from next year.
The downside is to raise additional amount to apply for 5yrs,

If I go for 5yrs will I be cutting it close to apply for ILR?
Any thoughts are welcome

[DBK]

Hi Manci

My Tier 2 Gerenal runs out November 2014 but I am planning to extend now, I am working for same employer, i have couple of questions.

1.I came to uk on 27th feb 2007, i was on PSW for 2 years, Am i eligible for ILR in 27th Feb 2017 via 10years route.
2.If yes to 1, is it better to apply for extension before 6 april 14, or after.

[DBK]

Also: when i got my first cos i was over 26 years old and and done the salary of £20300, I have shown BSC(hons) in accounting as qualification, Now when i renew my Visa do i have to have £26000 salary?

[FaeLLe]

Thanks Manci. I thought so and I had asked this to my HR and he says he cannot increase the period of engagement to 5 years because the SMS will only allow to input a maximum of 3yrs. If he input any period greater than 3yrs the system gives an error stating that T2 can only be for 3 yrs. FYI: The COS allocation in the SMS had been started at least 3 weeks before and it was saved as draft. COS hasn't been allocated to me yet.

Any info as to how to input 5yrs as the engagement period.

On another note, is tier 2 general eligible for indefinite leave to remain (settlement) after 5 years, so if I get 5yrs now will I be able to apply for settlement after that? or should I take 3yrs now, then extend after that. It is so confusing that I can't make any decision.

Any thoughts would be much appreciated.

Many thanks.

It seems as if HR can put the period as 5 years in SMS after the new law takes effect in April 2014, not before that.

Tier 2 General is eligible for ILR application, read their Tier 2 Policy guide for details.

[pavankumar836]

Hi,

Currently i was on Tier2 General visa(Tier 1 PSW to Tier 2) which was granted on August 2013 and i was trying to change the employer under same SOC code,in this case my salary should need to meet Experienced level as mentioned in SOC code. Previously when switching from Tier 1 PSW to Tier 2 i was under New Entrant,please explain how its applicable in my case

[manci]

how old are you?

[a87m]

There seems to be two statements one says you can get 5 years + 5 years extension, second says maximum stay cannot be more than 6 years.

Confusion and Contradiction in the statements on website in Tier 2 General visa guide section (i)overview and (ii)extend your visa.

"(i)Overview
How long you can stay:
You can come to the UK with a Tier 2 (General) visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.
Your stay must start no more than 14 days before the start date on your certificate of sponsorship.
You can apply to extend this visa for another 5 years."

"(ii)Extend your visa
How long you can stay:
You can extend your stay in the UK with a Tier 2 (General) visa for up to another 5 years.


You can’t stay in the UK under a Tier 2 (General) visa for more than a total of 6 years"

My question to the Gurus;

-If a person is changing a role with same employer and is already on 3 years stay can he apply for 5 years if employer put 5 years date in COS?

-If not then if the three years stay comes to an end can the person who got the visa after the rules were in place at October 2013 get an extention for 5 years visa?

[manci]

@a89m
there is no contradiction or confusion - read para 192 of the T2 policy guidance
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[kumarra]

Hi Manci,

If I get T2G visa in September 2014 for 5 years,can I apply ILR after 5 years as I heard from few friends no ILR will be accepted after Apr 2018,Please guide.

Thanks
Kumar

[manci]

Hi Manci,

If I get T2G visa in September 2014 for 5 years,can I apply ILR after 5 years as I heard from few friends no ILR will be accepted after Apr 2018,Please guide.
If you apply after Apr 18 your salary will have to be at least £35,500 or the appropriate salary according to the codes of practice, whichever the higher, unless your job is a shortage occupation or a designated PhD level job.
Thanks
Kumar

[kumarra]

Thanks a Lot Manci !!!!!!!
Cheers

[conmig]

Hi,
I am on T2G which I obtained in Sep 2012. Current income is £25k. My qts is...
What will be the eligibility criteria for me to apply for ILR in Sep 2017 ?

Thanks for your time.

[manci]

Hi,
I am on T2G which I obtained in Sep 2012. Current income is £25k. My qts is...
What will be the eligibility criteria for me to apply for ILR in Sep 2017 ?

If you apply after Apr 16 and before Apr 18 your salary will have to be at least £35,000 or the appropriate salary according to the codes of practice, whichever the higher unless your job is a shortage occupation or a designated PhD level job.

Thanks for your time.

[conmig]

Hi,
I am on T2G which I obtained in Sep 2012. Current income is £25k. My qts is...
What will be the eligibility criteria for me to apply for ILR in Sep 2017 ?

If you apply after Apr 16 and before Apr 18 your salary will have to be at least £35,000 or the appropriate salary according to the codes of practice, whichever the higher unless your job is a shortage occupation or a designated PhD level job.

Thanks for your time.

Thanks for your prompt reply Manci. You mentioned "after Apr 16 and before Apr 18"- so does that mean after Apr 18 whoever has T2G cannot apply for ILR?? .....sorry bit confused here.

[manci]

Hi,
I am on T2G which I obtained in Sep 2012. Current income is £25k. My qts is...
What will be the eligibility criteria for me to apply for ILR in Sep 2017 ?

If you apply after Apr 16 and before Apr 18 your salary will have to be at least £35,000 or the appropriate salary according to the codes of practice, whichever the higher unless your job is a shortage occupation or a designated PhD level job.

Thanks for your time.

Thanks for your prompt reply Manci. You mentioned "after Apr 16 and before Apr 18"- so does that mean after Apr 18 whoever has T2G cannot apply for ILR?? .....sorry bit confused here.
no, it means that from April 2018 the salary threshold increases to £35,500 (as stated above)

[sanjay1106]

Hello Manci,

In relation to this topic of new salary for T2G candidates applying for ILR. I have a T2G issued on Oct 2013 valid till Sep 2016, which was issued for a salary of 31K. Does the new rule mean that I should get my salary increased to 35K right now or should it be 35K when I go in for my extension in Sep 2016 for how long should it be on 35K before I apply for an ILR after Sep 2018.

[manci]

@sanjay1106
under current rules the requirement for ILR applications after April 2018 is that the salary should be at least £35,500 or the min. appropriate salary according to the codes of practice, whichever the higher, at the time of the application.

[shruti2014]

Manci, can you please help me with the below
I came to UK on tier 2 general visa in July 2014. I am a little confused about the ILR eligibility.

The Tier 2 general states that
"You can come to the UK with a Tier 2 (General) visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter".

Also I read that a person on Tier 2 g can apply for ILR only after 5 years. Does that means that a person has just 14 days to apply for ILR as a person cannot extend the Tier 2 general for over 5 yrs and 14 days.

can you please clarify my understanding. Thanks a lot.

[manci]

the initial T2G visa can be for any length of time up to 5 years depending on the period of engagement stated in the CoS. It can be extended, with a new CoS, but the total stay in the UK is capped at 6 years. You can apply for ILR after 5 years on T2G. Note that there is a £35.5k salary threshold from April 2018.

[Sid_details]

Hi Manci,

I have a Tier 2 General visa starting from July 2013 till July 2016

Can you please tell is this 'Out of UK-180 days per year for 5 years continuous period' allowed for Tier 2 (General) extension also or for eligibility for next Tier 2(General) extension it is just 1 month and for ILR eligibility its 180 days ?

As everywhere i can see details for ILR continuous period and no information for Tier 2 (General) extension continuous period.

Thanks

[manci]

@ Sid_details
what is your specific question re. absences and your forthcoming T2 extension? What were the absences for and how long were you away?

[Sid_details]

Hi Manci,

I am in belfast on tier 2 visa and have to apply for my next extension in 2016.

I am planning to go out of UK from 27 sep and return on 27 oct. My flight is from Dublin on 27 sep (7 am) and will return to Dublin on 27 Oct at 11 am. (Belfast to Dublin by bus every 2 hrs)

Can you please tell me it would be out of UK 29 or 31 days?

Also is it allowed to go out of UK for more than 30 days on tier 2. For tier 2 also its 180 days like ILR as I have to still apply for my next tier 2 extension?

Many thanks,
Sid

[manci]

@Sid_details
if you go on paid annual leave, or your travel is work related, the trip is not a problem as far your stay on T2 is concerned.

For ILR absences are limited to 180 days for each 1 year period calculated backwards from the date of application and must be for a permitted reason.

[Sid_details]

Yeah Manci, I am going on paid annual leave only. Do i have to show any letter from my office?

1. Can you tell me for my above travel how many days out of UK would be counted (29 or 31) as there would be no stamp on my passport for leaving UK as i will travel by bus from belfast to dublin on 27 sep morning and will be back on 28 oct.

2. Do i have to save my bus tickets or any proof

3. How many max days(paid leaves) i can stay outside UK on tier 2

I appreciate your response, Many thanks

Regards,
Sid

[manci]

Yeah Manci, I am going on paid annual leave only. Do i have to show any letter from my office?
no, but it wouldn't do any harm if you had such a letter

1. Can you tell me for my above travel how many days out of UK would be counted (29 or 31) as there would be no stamp on my passport for leaving UK as i will travel by bus from belfast to dublin on 27 sep morning and will be back on 28 oct.
only full days out of the UK count, days of travel don't

2. Do i have to save my bus tickets or any proof
save all tickets, they will be useful when you apply for ILR

3. How many max days(paid leaves) i can stay outside UK on tier 2
as many days as your paid leave is
I appreciate your response, Many thanks

Regards,
Sid