Tier 2 Visa Six year Limit

[chamai]

Hi All,

I came to the UK on a Tier 2 visa in march 2012 and was made redundant a year later June 2013. I made an in-time application and was therefore under section 3C, only managed to get a new Tier two Visa in June 2014 therefore Tier 2 continuity was broken because of >60 days unemployment. My new visa ends march 2018.

My question is can i renew this visa, my employer is ready to do this. How long can i extend it for and how do i count the six year limit on Tier 2.

My fear is that counting from march 2012, my six years end in march 2018 and I can't apply for ILR because of broken continuity.

What are my options

Chamai

[CR001]

Your six years starts from the date you first got a tier 2 in 2012.

How were you sustaining yourself financially for a whole year?

[chamai]

Hi

Although my visa was curtailed in June, my previous employer paid me for the next six months.

Does this mean i cant extend my second Tier 2 visa and should leave the country in March next year.

regards

Chamai

[CR001]

Although my visa was curtailed in June, my previous employer paid me for the next six months.

Which June (year)?? Was this your notice period paid monthly or a lump sum redundancy? Your employer had an obligation to inform HO you were no longer employed the day you left your job.

Does this mean i cant extend my second Tier 2 visa and should leave the country in March next year.

You can't get a tier 2 general for longer than 6 years, regardless of employment/non employment.

I made an in-time application and was therefore under section 3C

What 'in time' application did you make??

[chamai]

Hi CR001

Its the company policy to pay for the next six months after reduncancies.

Here is my migration history
-arrived in the UK on 28 March 2012 on a tier 2 visa valid from 18 March 2012 until 30th April 2015.
-made redundant in june 2013
-my visa was curtailed, starting from 10 May 2013 to expire on the 9th of July 2013.
-I then made an in time application to appeal this decision using the fact the my long term live in partner is a German national living and working in the uk. This relationship is now just ended.
-A tribunal hearing date of 9th April 2014 was set. This date was further moved forward to 15 August 2014 on account of my partner's ill health.
-I was offered a new job on 29 April 2014, but could only start working at the begining of July 2014 because the company needed to advertise the job for 28 days and apply for COS certificate.
-I withdrew my appeal on the 20th of June 2014. I then applied and was issued a new tier 2 visa valid from 07 July 2014 until 13 March 2018.

regards

Chamai

[CR001]

-my visa was curtailed, starting from 10 May 2013 to expire on the 9th of July 2013.

Who curtailed your visa? Did you receive a letter from HO?? What date was your visa curtailed to and that you had to leave the UK?

-I then made an in time application to appeal this decision using the fact the my long term live in partner is a German national living and working in the uk. This relationship is now just ended.

Appeal to who? Why didn't you just apply for an EEA residence card?? EEA/EU rules are completely separate to UK immigration rules. Section 3C does not apply to EEA/EU issues.

-I was offered a new job on 29 April 2014, but could only start working at the begining of July 2014 because the company needed to advertise the job for 28 days and apply for COS certificate.
-I withdrew my appeal on the 20th of June 2014. I then applied and was issued a new tier 2 visa valid from 07 July 2014 until 13 March 2018.

What date did you apply for your new visa?

[chamai]

Hi

The HO curtailed my VISA after my previous employer informed them of the redundacy , and i was not married to my partner ( so could not apply for EEA residence card) but had lived together in germanty and uk for 8 years. This was the basis for our appeal to the HO. In the end i got a job after months and it seemed easier to just apply for a tier two visa than continue with our appeal based on our relationship.

My second Visa was also a same day application so it was valid from 07 July 2014

regards

Chamai

[CR001]

The HO curtailed my VISA after my previous employer informed them of the redundacy , and i was not married to my partner ( so could not apply for EEA residence card) but had lived together in germanty and uk for 8 years. This was the basis for our appeal to the HO. In the end i got a job after months and it seemed easier to just apply for a tier two visa than continue with our appeal based on our relationship.

You could have applied as an unmarried partner. Whoever advised you should have told you this. When did HO curtail your visa? What were the exact dates of the 60 days of the curtailment, i.e new end date of visa based on curtailment letter? What date did you get the letter?? What date did you stop working for your previous employer?

Your UK visa and appeal (if applicable) didn't really have anything to do with your EU partner.

My second Visa was also a same day application so it was valid from 07 July 2014

Your section 3C, if you had any, ended the day you withdrew your 'appeal'

[chamai]

Thanks for your help to clarify the issues.

Can i switch to a shortage skills jobs though

[CR001]

It doesn't change the 6 year limit though.

Do you have a partner/spouse that could qualify for their own tier 2 general?

[chamai]

unfortunately not

[CR001]

Tier 4 student visa?

To get another 6 years, you would need a cooling off period of 12 months either in another visa category or outside the UK.

[chamai]

ok thanks

I will probably ask for an transfer to New york , with my current employer..

All the sacrifice for nothing.