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Tier 2 General ILR - Qualifying Period

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Fimirza_Haadi
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Posts: 14
Joined: Sat Feb 20, 2021 10:56 pm
Pakistan

Tier 2 General ILR - Qualifying Period

Post by Fimirza_Haadi » Sat Mar 20, 2021 1:04 pm

Hi,
I am in the UK along with my family on Tier 2 General Visa.

The "Date assigned" of my CoS was 14th April 2016 and the Expiry Date of the CoS was 15 July 2016. In the Sponsor note, there is the following note
"The migrant's work start date and end date have changed. His new work start date will be 16th May 2016 and his new work end date will be 15th May 2021".
My entry clearance was issued on 9th May 2016 and was valid till 8th June 2016. I entered in the UK on 27th May 2016 and started my job on 1st June 2016.
My questions are as follows:
  • As per the sponsor note, my work start date was 16th May 2016 but I started my job 2 weeks later on 1st June 2016. Is this an issue?
  • When will I be eligible for ILR? Five years minus 28 days before the issuance of my entry clearance (it will be 9th May 2021 - 28 days so 12th April 2021) or Five years minus 28 days before my entry in the UK (it will be 27th May 2021 - 28 days so 30th April)
  • On different Immigration Lawyer's websites, I found this note "Applicants who entered the UK several weeks after their visa valid date might need to apply for an extension to complete the qualifying period before they can apply for the ILR." What does it mean as I entered almost 2.5 weeks after the date of issuance of my entry clearance. The date on which I entered the UK was within the validity date of the entry clearance though. So will it have any impact on the date of my qualifying period?
  • I read somewhere that my employer will have to update something in the SMS as my visa is Tier 2 General which is now discontinued. Any information on this?
  • I read that priority and super priority services are resumed. I am planning to apply using priority service. However, I want to apply using standard service for my family. What should I do? Wait for my ILR application to be processed or apply at the same time as me but using a different application? I believe we can't use the same application as I will apply for priority and they will apply for standard service.

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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Re: Tier 2 General ILR - Qualifying Period

Post by zimba » Sun Mar 21, 2021 10:05 pm

ILR qualifying period starts from an initial visa issue date as long as you entered within 90 days of the issue date. The start date is irrelevant to ILR. Your employer doesn’t need to do anything. You and your family should apply separately if you want to use a different service.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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