Tier 2 visa

[hannahmd8775]

I am currently applying for the second time to switch my tier 2 visa as my recent application was refused last March 1,2017 due to salary requirements. My COs before stated that my job was in Band 7 and did not meet the requirement. Anothe COS wasissued to me and made it Band 6 with the same job role but because the home office based it on 37.5 hrs in my refused application instead of 40hours as I don't work for NHS which made my precious application rejected. I decided to apply for a fresh application with a new COS but with same rate and same job but as Band 6 to meet the criteria. Do you think it will be a problem if the COS Band was changed just to meet the criteria? Also my current visa is expiring on 2019, if my application will have a problem can I just go back to my previous employer ? Is my visa still valid? Can I still work? i am due for ILR this July 2017 and I am so stressed out. Can you advice me about me situation?

[CR001]

Also my current visa is expiring on 2019, if my application will have a oroblem can I just go back to my previous employer ? Is my visa still valid? Can I still work?

Have you resigned or are you still working for your 'previous employer'?

[hannahmd8775]

Hi, thanks for your reply. I already resigned last Feb, thinking that I will get my visa applied on jan25th on time for my March 1 Start date, but instead i got a refusal letter. I also want to know if I can still work 20 hours elsewhere? Thanks

[CR001]

I asked if you are still working for your previous employer. Some people have long notice periods. If you are not working at all now and left your previous job, you are not allowed to work in any capacity, not even the 20 hours etc.

Your previous employer will have informed HO that you left and your visa will be curtailed.

Also, if you have more han 60 days between employment, unlikely you will qualify for ILR.

Very silly to resign without having a new visa in place first.

[rubyracer2]

Salary bands are internal to the NHS, the Home Office wouldn't care about them.

What matters is your salary and the range mentioned in the RLMT advert. If the new salary is greater than what is mentioned in the ad, then RLMT has to be redone.

the maximum break in ILR is 60 days from the last day at the previous job to the application date for fresh leave

[hannahmd8775]

Thanks for your replies. I applied for my new employer last January 24th and the visa got refused on March 1 and I did another application on the 7th if March and still waiting for the results, so if I will get my visa 60 days after my last job (Feb 19) , it would mean I cannot apply for ILR this July? When can I apply for ILR if this is the case ? I first entered UK on July 2012. Thank you.

[hannahmd8775]

Am I not eligible for ILR for July 2017 as I applied for my fresh leave within 60 days of my last date of employment as mentioned in this feed? Just waiting for my new visa.

[rubyracer2]

What was your last working day at your previous employer?

[hannahmd8775]

My last day was Feb 19 but I had 85 hours annual entitlement for that month which I consumed and included in my last pay slip. My first application was made on january 24, 2017 and was refused so I made another application on March 7, 2017. Hope this will clarify my doubts for my ILR application this July 2017. Thanks rubyracer.

[hannahmd8775]

What was your last working day at your previous employer?

My last day was Feb 19 but I had 85 hours annual entitlement for that month which I consumed and included in my last pay slip. My first application was made on january 24, 2017 and was refused so I made another application on March 7, 2017. Hope this will clarify my doubts for my ILR application this July 2017. Thanks rubyracer.

[rubyracer2]

What was your last working day at your previous employer?

My last day was Feb 19 but I had 85 hours annual entitlement for that month which I consumed and included in my last pay slip. My first application was made on january 24, 2017 and was refused so I made another application on March 7, 2017. Hope this will clarify my doubts for my ILR application this July 2017. Thanks rubyracer.

Feb 19th shouldn't be a problem. As long as your current leave application succeeds, your continuous residence isn't broken.

[hannahmd8775]

What was your last working day at your previous employer?

My last day was Feb 19 but I had 85 hours annual entitlement for that month which I consumed and included in my last pay slip. My first application was made on january 24, 2017 and was refused so I made another application on March 7, 2017. Hope this will clarify my doubts for my ILR application this July 2017. Thanks rubyracer.

Feb 19th shouldn't be a problem. As long as your current leave application succeeds, your continuous residence isn't broken.

Thanks for building up my broken ego and confidence as I don't want to go back home a one year cool off period and start again with 5 yrs tier 2 visa.

[hannahmd8775]

Is it possible to apply for an ILR 6-8 months after my eligibility date? Due to financial issues I may not be able to apply for an ILR this July 2017z

[vinny]

Yes, if you satisfy all the requirements for ILR under 245HF. Do you have sufficient leave to reach that time?

[hannahmd8775]

Yes, if you satisfy all the requirements for ILR under 245HF. Do you have sufficient leave to reach that time?

Well I am waiting for my my new visa to come out which I applied on March 7,2017.
If not they will still try to reapply for me for a higher rate if my current application will not succeed. Can you read my questions here as my first application refused due to the Band 7 salary requirement that I did not meet as they based it on 37.5 hours not ny 45 hours contract on COS and I am not employed by NHS and it was stated in my refusal that I did not meet it, so my second COS they made my Band as band 6 for lower salary range.

[hannahmd8775]

Yes, if you satisfy all the requirements for ILR under 245HF. Do you have sufficient leave to reach that time?

Yes my current visa expires on 2019 but I applied for one year visa as I can only stay up to a maximum 6 years on a work permit. I dont know why when I applied on 2016 I got a three year visa knowing that I entered here in the UK last July 2012.