TIER2 G Extension

[shahzaam]

Dear Gurus,
Please help/ advise as usual.
I’m on TIER2 G with two dependents and due to extend my leave to remain in August 2016 with same employer.
I was assigned a SOC 3567 and granted in August 2013 for three years.

The questions are;

I’ve checked the SOC code guide version 04/15 and observed that in table 3 Occupations skilled to NQF level 4, applicants can only be sponsored such as;
the applicant is currently in the UK under Tier 2, and has been in Tier 2 since before the changes made on 14 June 2012 came into force,
but my visa was granted in Aug 2013, does it mean I cannot apply for my extension?

Second Question:
If that’s not the case then, can I request to my employer to assign me a COS for 2 years so I can limit the NHS charges which I believe would be for 3 applicants for 2 years is £1200/-???

Would I be able to apply for ILR with my spouse after 5 years at the same time?
or should I go for my ILR on long residence basis in January 2018? Does it mean I’ve to continue working with my sponsor to become eligible my spouse for ILR?

I know it sounds a lot questions but immigration is like that. You keep thinking different options depending upon your individual circumstances.
That’s why it always good to check with your seniors or like-minded persons.

Your help will be much appreciated.

[geriatrix]

Were you in the UK before being granted Tier 2 leave? If so, what was your immigration category?

[shahzaam]

Dear geriatrix,

Thanks for your reply,

I was on Post study work visa when I started working with the employer. Then employer sponsored me for TIER2 G in Aug 2013.

I've been in UK since January 2008.

Thanks

[geriatrix]

78. Your job does not currently have to meet the skills thresholds described in the previous 3 paragraphs if:

• you are applying to extend your leave in Tier 2 (General) in order to continue to work in the same occupation for the same sponsor;
• your certificate of sponsorship in your previous application was assigned to you before 6 April 2013; and
• the job does not meet the skills threshold solely because of the reclassification from SOC 2000 to SOC 2010.

79. Transitional arrangements for workers sponsored at NQF level 3 will close from April 2017, and for workers sponsored at NQF level 4 from July 2018 (unless your job is on the shortage occupation list or in one of the listed creative sector occupation codes). From these dates you will no longer be able to apply to extend your leave or change employer in jobs at these skill levels. This will give those workers sufficient time to apply to extend their stay for long enough to reach the qualifying period for settlement. Workers sponsored at these NQF levels will be able to apply for settlement beyond these dates.

Reading clause 78 of the Tier 2 policy guidance, it does seem that you may be able to extend - note the absence of "and" between the first and second bullet points.

But if there was an "and" intended there but is missing in the guidance because of poor proof-reading then it seems you cannot apply for extension - but if such is the case then you shouldn't have been granted leave in August 2013!

[shahzaam]

Great work out,

Thanks, a bit different case i think or been lucky?!!!

Does it also mean that I'll have to work for my same employer and I cannot change employer?

Would you please send me the link of this guidance.

[geriatrix]

It does appear so.
Tier 2 policy guidance

[shahzaam]

It does appear so.
Tier 2 policy guidance

Dear Geriatrix,

sorry to bother you again. I just need clarification on this.

Does it mean that I'll have to work for my same employer and i can apply for my extension in Aug 2016 only with same employer.

and I'm restricted to change/switch employer? If I would have to choose to switch with a different employer then I'm highly likely to get-refusal?

[geriatrix]

Does it mean that I'll have to work for my same employer and i can apply for my extension in Aug 2016 only with same employer.

and I'm restricted to change/switch employer? If I would have to choose to switch with a different employer then I'm highly likely to get-refusal?

It does appear so.

That's my understanding of what is stated in the guidance and I stand to be corrected,

[shahzaam]

Dear Geriatrix,

Thanks for your reply, reading clause 75, .............you are applying for the same job for either the same or different sponsor"

Do you still think that I'm not able to switch my employer?

Please help.

[geriatrix]

Extend with same employer - yes, but under the same SOC code.
Change to a new employer - yes, but under the same SOC code.

[shahzaam]

Thanks Geriatrix and all,

I've got a job offer from an employer and I’m intending to switch under same SOC Code. I’m not handing in my resignation until I got BRP card from UKVI.
Our visas (Myself and two dependents) will be expiring in August 2016. Can I apply visa for myself first and then apply for my dependents later definitely before the expiry of their leave?
Will there be any issue if I’m not working for my current employer and my dependents’ leave still valid until expiry?
Thanks again.

[shahzaam]

Morning all,

any one please suggest or share the experience

Thanks in advance