Tier 2 (General) extension or ILR/PR

[koreankorean]

Hello,

I am a South Korean national who has been living in the UK for the past 7 years with the following VISAs:

VISA Tier Type Issue Valid Until
VISA Tier 1 Post Study Migrant 16/10/2010 16/10/2012
VISA Tier 2 General 16/10/2012 15/08/2015
VISA Tier 2 General 15/08/2015 25/07/2018

I have been working for my current company for the past 6 years and my current salary is ~£31,000 per annum + benefits. I am also married to an EU citizen who has been living in the UK for the past 13 years (and working for the past ~10 years)

What are my options next year? Can I further extend my tier2 VISA? Can I get something more permanent like ILR or PR? I am having trouble understanding the relevant sections and what applies to my individual case.

Thank you for your help.

[CR001]

What are my options next year?

ILR if you meet the minimum £35,500pa salary requirement. You could have applied for ILR already if you have 5 years residence and meet the salary requirement.

Can I further extend my tier2 VISA?

You cannot hold a Tier 2 General visa for more than 6 year4s.

Can I get something more permanent like ILR or PR?

PR is a different route under the EEA/EU rules. How long have you been married? ILR is under the immigration rules and you must meet the requirements as stated above.

[koreankorean]

I think ILR is off the table as I do not meet the £35,500pa salary requirements unless this is for the total package of my employment (pay+bonus+pension+overtime+perks) which I may just be able to squeak through with.

We only recently got married (~4 months ago) but have lived together for ~4 years now. Is spousal VISA an option?

Thank you for your help!

[CR001]

Page 15 of the link below tells you what 'allowances/perks' are permitted, most are not.

https://www.gov.uk/government/uploads/s ... _04_17.pdf

We only recently got married (~4 months ago) but have lived together for ~4 years now. Is spousal VISA an option?

Is your spouse EU citizens only or dual EU and British? Does your spouse hold a Document Certifying PR?

[koreankorean]

Thanks for the info and your help! Unfortunately, I do not qualify based on salary requirements.

My spouse is an EU citizen only and does not have a document certifying Permanent Residency.

[CR001]

Apply for a Residence Card as the spouse of an EU citizen. It will be valid for 5 years and you will be free to work for anyone.

Cost is £65 I believe.

[koreankorean]

Thanks for the speedy reply! This is what I was assuming was the best way forward however from reading the website:

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

You can apply for a residence card if you’re both:

from outside the European Economic Area (EEA)
the family member, or extended family member, of an EEA national who is a permanent resident or ‘qualified person’

So far so good, check on both of those.

From the same website but the overview section:

https://www.gov.uk/apply-for-a-uk-residence-card

Who should currently apply
You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services

I am the family member (as defined on the website) of an EEA national so does that mean I don't need to apply to remain?

Those two quotes seem to contradict eachother or is it the case that if I want to work I will need to apply for this? Is the second quote missing the fact that you will need a VISA to actually remain and work?

[CR001]

No you don't need to apply for it but it is useful when travelling with your partner as you go through the EU route and your passport doesn't get stamped and useful as proof of your right to reside in the UK for all purposes and work.

And with Brexit looming, useful to get sooner rather than later.

[koreankorean]

Hello, once again thanks for the quick reply. I do not exactly understand why I do not need to apply for something as I have had various VISAs to live and work here since day 1.

Are you saying that now that I am married to an EEA national I automatically have the right to live and work in the UK and travel in and out freely anyways? How will I be able to prove at the border that this is the case? Do I need too prove it?

[CR001]

Are you saying that now that I am married to an EEA national I automatically have the right to live and work in the UK and travel in and out freely anyways? How will I be able to prove at the border that this is the case? Do I need too prove it?

Yes that is exactly what I am saying. You should apply for a Residence Card as a family member of an EU citizen, which basically confirms your rights under the EU regulations and is the proof you need.

[koreankorean]

Thanks once again and appreciate your time on this. I just don't understand the language used in the website:

Who should currently apply
You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services

This gives me the impression of something optional and nice to have. For example:

"Help you re-enter the country more quickly and easily if you travel abroad" - does this means that I can enter the country slowly and difficultly?? What happens when I get to the border and say I am a family member of an EEA national if I do not have a residence card? DO I need to show my marriage certificate? This is even more baffling since according to the website:

"You don’t need to apply for a residence card as a family member of an EEA or Swiss national"

If I don't need it, why should I go through the process and get it?It was more simple with the VISA that states that I cannot live or work in the UK unless I have X and I won't be able to enter either.

Sorry for the rant, this is a sensitive subject for me and I feel frustrated as I have gotten 3-4 different pieces of advice from various people.

[CR001]

Who should currently apply
You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services

This gives me the impression of something optional and nice to have. For example:

"Help you re-enter the country more quickly and easily if you travel abroad" - does this means that I can enter the country slowly and difficultly?? What happens when I get to the border and say I am a family member of an EEA national if I do not have a residence card? DO I need to show my marriage certificate?[/quote]
It means you can use the EU lines to enter the UK and your passport doesn't get stamped versus standing in the long lines to get through immigration to get your visa checked and passport stamped. But you need a residence card to benefit as proof of your relationship.

This is even more baffling since according to the website:

"You don’t need to apply for a residence card as a family member of an EEA or Swiss national"

If I don't need it, why should I go through the process and get it?It was more simple with the VISA that states that I cannot live or work in the UK unless I have X and I won't be able to enter either.

Sorry for the rant, this is a sensitive subject for me and I feel frustrated as I have gotten 3-4 different pieces of advice from various people.

You don't need it by law as your rights as the spouse of an EU citizen are automatic, but the residence card does make life easier (renting, banking, job, travel etc etc) and for traveling with your spouse, you won't need a Schengen visa either.

[dan883]

Thanks once again and appreciate your time on this. I just don't understand the language used in the website:

Who should currently apply
You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services

This gives me the impression of something optional and nice to have. For example:

"Help you re-enter the country more quickly and easily if you travel abroad" - does this means that I can enter the country slowly and difficultly?? What happens when I get to the border and say I am a family member of an EEA national if I do not have a residence card? DO I need to show my marriage certificate? This is even more baffling since according to the website:

"You don’t need to apply for a residence card as a family member of an EEA or Swiss national"

If I don't need it, why should I go through the process and get it?It was more simple with the VISA that states that I cannot live or work in the UK unless I have X and I won't be able to enter either.

Sorry for the rant, this is a sensitive subject for me and I feel frustrated as I have gotten 3-4 different pieces of advice from various people.

You need a solicitor buddy

[dan883]

[quote=CR001 post_id=1567733 time=1511949759 user_id=70994]

ILR if you meet the minimum £35,500pa salary requirement. You could have applied for ILR already if you have 5 years residence and meet the salary requirement.

Hey CR
Without using HO language(lay man's language) could you please explain(if its in your knowledge) how long does someone need to be in £35K salary to be qualified for ILR ? Is is for the entire visa period or last one year or 6months before applying for the ILR.

I appreciate your reply in this forum.

[CR001]

ILR if you meet the minimum £35,500pa salary requirement. You could have applied for ILR already if you have 5 years residence and meet the salary requirement.

Hey CR
Without using HO language(lay man's language) could you please explain(if its in your knowledge) how long does someone need to be in £35K salary to be qualified for ILR ? Is is for the entire visa period or last one year or 6months before applying for the ILR.

I appreciate your reply in this forum.

There is no set period, it must be met at the time of applying for ILR. It does not have to be the WHOLE period on Tier 2. However, large and sudden increases just before ILR qualifying, raises an instant red flag to HO and will cause a delay and sponsor investigation.

[dan883]

ILR if you meet the minimum £35,500pa salary requirement. You could have applied for ILR already if you have 5 years residence and meet the salary requirement.

Hey CR
Without using HO language(lay man's language) could you please explain(if its in your knowledge) how long does someone need to be in £35K salary to be qualified for ILR ? Is is for the entire visa period or last one year or 6months before applying for the ILR.

I appreciate your reply in this forum.

There is no set period, it must be met at the time of applying for ILR. It does not have to be the WHOLE period on Tier 2. However, large and sudden increases just before ILR qualifying, raises an instant red flag to HO and will cause a delay and sponsor investigation.

That's fantastic. I would appreciate your answer with some sort of reference

[CR001]

ILR if you meet the minimum £35,500pa salary requirement. You could have applied for ILR already if you have 5 years residence and meet the salary requirement.

Hey CR
Without using HO language(lay man's language) could you please explain(if its in your knowledge) how long does someone need to be in £35K salary to be qualified for ILR ? Is is for the entire visa period or last one year or 6months before applying for the ILR.

I appreciate your reply in this forum.

There is no set period, it must be met at the time of applying for ILR. It does not have to be the WHOLE period on Tier 2. However, large and sudden increases just before ILR qualifying, raises an instant red flag to HO and will cause a delay and sponsor investigation.

That's fantastic. I would appreciate your answer with some sort of reference

Read Immigration Rules Part 6 re ILR. No mention of minimum set period is mentioned.

I fail to understamd why you cannot simply find the information yourself instead of tagging your questions repetitively onto other members topics in each T2 topic I am posting in. Kindly desist from doing this.

[dan883]

Just a curious kid and probably little knowledge in tagging

Apologises for that boss