Tier 2 (Work Permit)

[coolguycp1]

I have a 5 year work permit which will expire in Sep 2011. There is a gap of 36 days between the date of issue of the visa and the date of my arrival in UK.

1. Due to this, can I apply for an extension of my visa in August 2011 to cover this gap so that I am able to complete 5 years and become eligible for ILR / Probationary Citizenship? My company has assured me that they will provide me a letter confirming my contiued employment for this purpose.

2. Will this extension application be treated under the cap proposed by UKBA? My understanding is that it will not, since the application is not for extension really, but just to cover for the gap of 36 days.

[geriatrix]

1. Given the 36 day gap, you will need to apply for an extension to become eligible for ILR / probationary citizenship (as the case may be at the time) as and when you qualify for it.

2. An application for extension is exactly that .... application for extension ... so if the interim cap (or permanent cap scheduled in April 2011) affects extensions under Tier 2 at the time of your application, yours too will be subject to the same.


regards

[coolguycp1]

Thanks Sush.

However, I am still not clear about Point 2.

Home Office originally gave me a work permit valid for 60 months from the date of leave to enter. I entered UK in Oct 2006. So, my work permit shall be valid until Oct 2011. However, my visa was issued in Sep 2006 for a period of 60 months and it expires in Sep 2011.The gap that I mentioned in my previous post is to cover for Sep 11-Oct 11 only, and the work permit already allows for this period.

I presume that extension applications under Tier 2 of PBS are for a period of two years. Keeping all this in mind, will my application still be considered as an extension?

Another query, if in the worse case scenario, my application is considered as an extension, do I have to qualify on the basis of the new PBS in place?

[geriatrix]

You have leave to remain in the UK only until the date of expiry of your visa. That is the last day you can stay in UK unless you apply for extension of leave.

An application for extension of leave is just that .... no matter what you think it should be called.

Under current rules, if leave to enter/remain expires 28 days before completing 5 years of stay in the UK (from date of entry in UK), one must apply for extension before he/she can apply for settlement/ILR.


regards

[Kitty]

Check if you qualify under transitional arrangement A? That might at least get some of the Tier 2 requirements out of your way, although your emlpoyer still needs to issue a CoS.

[coolguycp1]

Thanks Sush/Kitty,

I have checked and found that I qualify under transitional agreement A as a current holder of a work permit.

I thought initially that I don’t qualify under transitional arrangement A as it excludes people who are on Multiple Entry Work permit (MEWP), which I was confusing with the multiple-entry stamp on my visa.

Upon checking on my Work Permit conditions as printed on the back of my work permit, it was clearly mentioned that MEWP, if applicable, is clearly marked on the front of the work permit and it also does not allow for any dependents. I do not have MEWP marked on my work permit and also, my dependents are here with me.

So, it seems that I can apply through transitional arrangement A to extend my stay until the 5 year period is completed.

Just one question, will the transitional arrangement A be outside of this cap? As per the UKBA website,

Quote
Under transitional arrangement A, you do not need to score points for:
 your qualifications;
 your prospective earnings;
 the resident labour market test;
 your English language skills; or
 your maintenance (funds).
Unquote

If this is outside of the cap, I should not have any problems in applying for extension of stay in order to become eligible for ILR.

[geriatrix]

Just one question, will the transitional arrangement A be outside of this cap?

No. The cap is on the number of CoS to be issued ... and even under transitional arrangements, you need a CoS.

Read Immigration limit for Tier 2 (General) of the points-based system


regards

[coolguycp1]

Looks like there is no clear and easy way.

My company has more than 20 employees from outside EU who are due to complete their 5 year work permit next year.

As we do not know what this permanent limit being imposed from next year, do you think there is a chance that my company may not be allocated the required number of CoS for allowing extension of stay for ILR/Probationary citizenship?

If this is the case, is this not a contradiction as the transitional arrangement clearly states the following @
http://www.ukba.homeoffice.gov.uk/worki ... 2/general/


If your previous permission to stay was as a work permit holder, you can apply under the transitional arrangements for permission to stay for a time that takes you to five years in the UK in an eligible category. For example, if you have been here for two-and-a-half years with permission as a work permit holder or under the transitional arrangements, you can apply for a further two-and-a-half years' permission to stay.

If this means you would get permission to stay for less than a further two years, you can apply for permission to stay for two years instead. For example, if you have been here for four years with permission as a work permit holder or under the transitional arrangements, you can apply for a further two years' permission to stay.

You may apply for settlement once you have been here in an eligible category for five years. If you do not, you must apply under the points-based system and make a new application.

[geriatrix]

Did UKBA make a promise that they would not cap the number of sponsorships (CoS)? UKBA will still process extension applications and allow you and others to progress on your journey towards settlement (or probationary citizenship, as the case may be) if you qualify and apply for extension - but that requires a CoS (which is now capped).

IMHO ....


regards

[Kitty]

If your employer has CoS remaining to issue this year, then make sure that one of them is for you, is all I can say!

Is your employer registered as a sponsor? Suggest they get a move on if not, as it can take a while to process.

[coolguycp1]

If your employer has CoS remaining to issue this year, then make sure that one of them is for you, is all I can say!

Is your employer registered as a sponsor? Suggest they get a move on if not, as it can take a while to process.

My employer is already registered as a sponsor but as I have said before, they have almost 20 employees who will be in the same situation as me since they were all recruited around the same time as me. Goes without saying that all of these employees will also want their extensions next year to be approved by Home Office to continue their journey towards settlement/probationary citizenship.

This is the issue that my employer will have to resolve but I guess they can’t do much until next year. Also, without any information on permanent limit at this stage, my employer also does not know how these limits will affect them and if they will get all the required CoS? I just hope they get CoS for all the existing Tier 2 migrants.

Is there anything that I should ask my employer to do now in order to mitigate the issue?