Post
by the_eclectic » Thu Jan 21, 2016 6:55 am
Hello,
I posted a few months ago to get advice about obtaining ILR status, was advised that I wouldn't be eligible, but now there is a new curve-ball so am seeking further advice.
Sep 2015 marked 5 years for me in the UK, but because I hadn't kept the 180-day rule and there was no way for me to distribute the days to the previous/next 12-month periods I was told that I wouldn't be eligible to apply. (Basically, I was outside of the UK for approximately 250 days from the summer of 2014 - summer of 2015).
The agency my employer works with me told me I'm not eligible until 2020, I sought advice on this forum and was told the same, so I gave up on the idea of applying. At the same time, I wasn't sure if I'd be willing to remain in the country till 2020 (due to various reasons such as being a bit burned out with work, etc.).
A few days ago I found out that with my T2G visa I can no longer extend my visa as the maximum years allowed is 6. (It's stated on the UK Gov website.) So unless I switch to another visa or obtain ILR status I must leave the country before early October of this year.
I understand it is my responsibility to be on top of this information (after all, it is myself who is impacted by such regulations), but the agency which we sought advice from the end of last year (which my employer seems to be a client of) constantly gave me incorrect information and now it seems (after I found out about the 6-year rule) their statement that I'd be eligible in 2020 isn't valid.
I have officially emailed my employer explaining this situation as well as why (before when I was looking into obtaining ILR status) they were not willing to help me seek a second opinion through a different agency (especially when this agency seems to have been very unprofessional). Anyway...
As this is a major issue for me (like everyone else), I hope I can get some advice.
1. What options do I have in terms of being able to stay in the UK? As someone under a T2G visa, what other visas can I switch to? Or is it, for example, possible for me to (theoretically, that is if my employer is interested) get a new T2G visa (instead of an extension as that's not possible)?
2. I don't remember my employer telling me that the visa extension which I got in 2013 (for 3 years) would be the last extension possible and I'd need to leave the country before it terminates. Does my employer have any responsibility to inform me of this?
3. Is there really nothing I can do, but to leave the country before October? Is perhaps finding another company who will sponsor me the only way?
I'm not trying to be difficult or cause any problems with my employer. As I said, at the end of the day, I understand I should've done my homework better. But, seeing that I'm in this difficult situation, I'd like to gather as much information as possible.
FYI, the agency my employer works with told me I'm not eligible, experts on this forum told me I'm not eligible (to apply for ILR status now). But when I inquired with another immigration agency (which I believe is credible as it's registered), they said if my employer can prove it was for work then I still have a change and the fact that I'd gone over 180 days doesn't necessarily make not 'ineligible' and that often it is up to the discretion of the immigration advisor/officer reviewing my case.
I was almost decided on leaving the country because I was just tired of everything - all this mess. But I figured if I'm going to leave, I should at least put in a last fight and do everything I can.
ANY advice would be highly appreciated.
Thank you in advance.