Really urgent advice please! SORRY but please ILR TIER2

[Simplyhuman]

Hi all,

Sorry for posting like this and with this dramatic subject title, but really and genuinely need some urgent advice as I have managed to find something which has sort of messed up the plans a little.

To explain, I'm going to start here:

• I was on TIER 1 Post Graduate category which was valid until July 2009

• I applied to switch into TIER 2 (General) Feb 2009 but got a rejection as the salary didn't match the SOC mentioned by employer and had to go through an appeal procedure and eventually everything was sorted and I was granted TIER2

• TIER2 is initially given for 3 years and my passport was stamped in NOV 2009 after the successful appeal but the stamp said 'valid till' July 2012. Which meant UKBA started my TIER2 from July 2009 (expiry of my previous category) and hence the expiry date of July 2012. The confusion creating point is the date of issue in the passport for this as that is NOV 2009, when they actually stamped the passport.

• I've been on TIER2 since then and was of a view that I should be able to apply for ILR after July 2014 (completion of 5 years if counted from July 2009)

My question now is that I have just spotted the 'date of issue' from back in 2009 and the stamp/date says NOV 2009, so I'm a bit confused now if my 5 years will complete in July 2014 or Nov 2014?

I had booked and paid for the life in the UK Tests and a private appointment for ILR etc. and was just going through the passport when realised the confusion caused by this date of issue in the visa stamp from back in 2009.

Any expert advices will be really appreciated?

Many thanks

S

[virpic7]

The ILR period is counted from the time first visa was issued. In your case when your first Tier2 visa was issued. I had confirmed this with HO, and they asked me for the date of issue of the first visa, and told me i need to count 5 years from then. Your's would be Nov 2014.

for e.g Date of issue on your visa : 01-Nov-2009
ILR 5 years Completion = 01-Nov-2014

[Simplyhuman]

The ILR period is counted from the time first visa was issued. In your case when your first Tier2 visa was issued. I had confirmed this with HO, and they asked me for the date of issue of the first visa, and told me i need to count 5 years from then. Your's would be Nov 2014.

for e.g Date of issue on your visa : 01-Nov-2009
ILR 5 years Completion = 01-Nov-2014

Thanks for your reply and I do see the point you have made. But I think it's bit disappointing from UKBA/UKVA that they delayed the stamping and didn't count the 3 years of validity from the stamp date at the time; and in reality issues a Tier 2 for for approx. 2.7 years and not 3 years.

[david1955]

The ILR period is counted from the time first visa was issued. In your case when your first Tier2 visa was issued. I had confirmed this with HO, and they asked me for the date of issue of the first visa, and told me i need to count 5 years from then. Your's would be Nov 2014.

for e.g Date of issue on your visa : 01-Nov-2009
ILR 5 years Completion = 01-Nov-2014

Thanks for your reply and I do see the point you have made. But I think it's bit disappointing from UKBA/UKVA that they delayed the stamping and didn't count the 3 years of validity from the stamp date at the time; and in reality issues a Tier 2 for for approx. 2.7 years and not 3 years.

Hi I am due for my ILR in nov 2014 as well (intially granted in nov 2009).
Didnt you got three year extension when you applied for your extension in july 2012, coz from april 2012 all tier 2 extension were granted for 3 years?

[Simplyhuman]

Yes I did get the 3 year extension till Jul 2015, so that's not a problem. The problem is from 2009 when I switched from tier 1 post study into TIER 2, and they started the permit from July 2009 and gave the validity till July 2012 (3 years) but stamped it in Nov 2009 with NOV 2009 in the passport. So my 5 years are not counted from July 2009 by the looks of it. If they stamped NOV 2009 in the passport then they should have started 3 years from then too but .... What can one say.

[Simplyhuman]

Well the upshot

Seems like I will have to wait till Oct/NOV this year now for applying for ILR as the case worker from back in 2009 seems to have messed it up by stamping in Nov but starting the work permit in theory from July.

Thanks guys whoever looked at this and replied.