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Extension of leave using form Tier 2(W)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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wenner
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Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Extension of leave using form Tier 2(W)

Post by wenner » Wed Aug 08, 2012 12:09 pm

has anyone who worked for same sponsor and wanted to extend their leave, used application for Tier 2(W) free of charge?

manci
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Post by manci » Wed Aug 08, 2012 2:53 pm


manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Aug 08, 2012 3:09 pm


wenner
Junior Member
Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Wed Aug 08, 2012 4:57 pm

I have been on UKBA website the whole morning and this is when I discovered the tier 2 (w) extension free of charge.I looked at requirements, and I meet them all.It also says that the sponsor dont need to assign new CoS.My sponsor already assigned new CoS yesterday.I looked at the application form and it seem to be the correct application since I only want to extend my leave, I am not switching and I have been working for the same sponsor for 5 years.I was just getting excited when I read the last link you have posted.It seems as if one has to wait for a long time.
Although I wanted to save money, I think I will just send the application which I have already completed yesterday.I am just waiting for my payslips and bank statements now.I can't be waiting 4 months for Tier 2 (W)!I might as well then just make a ILR postal application.Thank you for sending me that link, Manci.

Should I send my PGCE and Naric certficate?I get 10 points for it.I also looked at my old work permit application form.It says work permit under business, commercial, training and work experience.So i dont think I was qualified work permit holder.The letter from home office in 2009 regarding my Tier 2 (G) states that I qualified because I earned 50 point, as I had a Cos.It doesn't say that I get any points english, or that I was exempt from the english language requirement.I remember sending my PGCE and naric cerficate as well the last time.Am I over complicating things?I cant help but feeling slightly uneasy about this application.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Aug 08, 2012 7:22 pm

For settlement you need to establish first of all whether you are a Qualifying Work Permit holder by reference to paragraph 7 of this document:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The definition of the different kinds of work permit is here:
http://www.ukba.homeoffice.gov.uk/sitec ... de0408.pdf

Look at your actual work permit, not the application form. to establish what kind of work permit it is.

wenner
Junior Member
Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Wed Aug 08, 2012 8:30 pm

I looked at document from Home office.It says, it is not a work permit, but an immigration employment letter.It was approved against work permit criteria.i applied for leave to remain for one year, in 2008.Then I switched to Tier2 in 2009.So does this mean I cant apply for ILR this year?Do I need to stay in Tier 2 for another 2 years?Unbelievable!What are chances that my husband will be granted a dependency visa with his immgration status?We have been apart already for 2 year now, and without him here, I cant get my daughter here, because both parents have to have permission to stay in the UK.I have applied for him twice already, therefore , i can't claim sole responsibilty.I have spoken to lawyers previously and they said that I shouldn't even bother applying for my husband while I am on tier 2.What a mess!Thanks for alerting me on this issue.Now I really really need to make plans to leave the UK, for good it seems.It wasn't meant to be, I suppose.

manci
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Post by manci » Wed Aug 08, 2012 8:39 pm

TIMELINES
Look at the timelines on this forum:

For Tier 2 extension applications the processing time seems to about 6 weeks at present, earlier in the year it was 10 weeks:
http://www.immigrationboards.com/viewto ... &start=140
start on last page
and from the UKBA website:
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

ILR postal applications 4-5 months
http://www.immigrationboards.com/viewto ... start=3680
start on last page
and from the UKBA website:
http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/
a FOI request to UKBA:
http://www.whatdotheyknow.com/request/w ... lement_vis

wenner
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Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Wed Aug 08, 2012 9:01 pm

I was not a qualifying work permit holder, so I can just forget about ILR.I know that tier 2 visas take about 6 weeks.I just wonder which one i should send, the one that I have to pay for , or the Tier2 (W).The latter seems to take 4 months.Anyway, I wont get my daughter here as her father is not here, and i will find hard to claim sole responsibilty.so now i have to make alternative plans.thank you for all your advice.One last question, if I do use Tier 2 (W)can I apply now?also, there is a question that may cause problems.you see , i came here on a working holdiay visa, and back then, i was only allowed to work for 12 months.i did supply teaching, and i am sure i worked more than 12 months throughout the two years, before i applied for leave to remain on a twes work permit.is there any way that they can find out if i worked for more that 12 months?i know if you lie, you could be banned for 10 years!so i wouldnt want that, but if i am honest, well, it will definately jeopordise my chances of getting the visa.

manci
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Post by manci » Wed Aug 08, 2012 9:03 pm

wenner wrote:I looked at document from Home office.It says, it is not a work permit, but an immigration employment letter.It was approved against work permit criteria.i applied for leave to remain for one year, in 2008.Then I switched to Tier2 in 2009.So does this mean I cant apply for ILR this year?Do I need to stay in Tier 2 for another 2 years?Unbelievable!What are chances that my husband will be granted a dependency visa with his immgration status?We have been apart already for 2 year now, and without him here, I cant get my daughter here, because both parents have to have permission to stay in the UK.I have applied for him twice already, therefore , i can't claim sole responsibilty.I have spoken to lawyers previously and they said that I shouldn't even bother applying for my husband while I am on tier 2.What a mess!Thanks for alerting me on this issue.Now I really really need to make plans to leave the UK, for good it seems.It wasn't meant to be, I suppose.
You previously said that your "work permit" was issued on 25/09/2007 and the leave to remain based on this "work permit" started on 31/10/2007. Subsequently you switched to T2G in August 2009. This is at variance with what you are saying now.
What exactly is on the stamp in your passport with the 31/10/2007 starting date?

wenner
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Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Wed Aug 08, 2012 9:30 pm

I really, honestly didnt think about the categories.I just thought I was a work permit holder, until tonight, when you told me to look at the different work permit catgories.It is then when I realised that I didnt get leave to remain as a work permit holder,but on a training and work experience category.TWES.My passport says: WPUK, issued on 31st Oct 2007.I extended it the next year, must have filled in the wrong application form, because it says on my passport: Limited leave to remain in the UK until 30 Sept 2009. I applied for tier 2 G in August 2009 under transitional arrangements.So I guess I can wait for another year?does the WPUK mean I was a qualifying work permit holder in 2007?

wenner
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Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Wed Aug 08, 2012 9:42 pm

I applied for leave to remain twice, because the first one valid just for one year,from Sept 2007 until SEpt 2008, as a work permit holder(WPUK stamp in passport).In Sept 2008 I was given leave to remain until Sept 2009 (training and work experience)Then I switched to tier 2 in August 2009.I hope I am clear now.I should have checked this board 5 years ago!I have made a big mistake by applying under TWES, but i think at that time I had no choice.I was offered a job at the school where I did supply teaching 2007, but my contract was valid for 1 year only, and this is why I needed to extend the work permit under TWES the next year.had I known it would have had an impact on ILR, I probably would have done things differently.

manci
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Post by manci » Wed Aug 08, 2012 11:08 pm

If your work permit was under the Training and Work Experience Scheme (TWES) you are not a Qualifying Work Permit holder so the 5 year needed for ILR would only start from August 2009.

You can certainly extend your T2G leave for a further 3 years but I think the main issue now is how or whether you can get reunited with your husband and daughter in the UK. This is not something that can be resolved on a forum.

There is another immigration forum http://www.ukresident.com/forums/ where an OISC registered lady is one of the moderators. She posts many times a day under the name Victoria and seems to specialise in family related immigration matters including appeals, human rights, etc. Have a look at the forum. Her full name is Victoria Sharkey victoria.sharkey@medivisas.com and her firm is www.medivisas.com. You could approach her for advice (which you won't get free on the forum). According to their ratecard http://www.medivisas.com/UK_Visa_Rates.pdf she charges £100 for an hour's consultation but I think if you got a definitive answer that would probably be well worth it. She is in London (I don't know where you are) and if you wanted to consult her it would be best to see her personally and take along all your documents. Initially you could of course just outline the situation in an email and see what she says.

wenner
Junior Member
Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Thu Aug 09, 2012 10:37 am

Do I use Tier 2 (W) to extend or the one that I have to pay for?My sponsor already assigned new CoS and unfortunately I thought I was just 18 days short for ILR, I told her this so she said they need me just for one year, from 13 Oct 2012 until 13 Oct 2012.Can she still change it, or do you get automatically 3 year extension?I have a permanent contract now, so if I submit this, and explain that I thought I could apply for ILR in Oct, will they extend the tier 2 (G) for a further 3 years?I am still sligtly worried about the english language requirement as I wasnt a qualified work permit holder.Does WPUK stamp in passport mean qualified work permit holder?I will contact Victoria.I have heard of her and I have contacted her before.I was planning on seeing after I got ILR in Oct,to help with application for husband.Now I need to tell her that I dont qualify for ILR at all!So i can apply in 2014 if I do decide to stay in UK?

manci
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Post by manci » Thu Aug 09, 2012 12:49 pm

If you were not a Business & Commercial work permit holder you cannot apply on the T2(W) form, read the conditions:
http://www.ukba.homeoffice.gov.uk/sitec ... onform.pdf

WPUK means Work Permits (UK) which was an agency of the Home Office. If your work permit was under the TWES scheme it was not a Business & Commercial work permit. Without actuially seeing the documentation it is not possible to say what kind of work permit you had. If you are unsure you should consult an advisor who will look at the documents.

If you apply for the extension of your T2G leave it will be for 3 years + 14 days or the work end date stated in your CoS + 14 days, whichever the earlier.

If you were not a Qualifying Work Permit holder you will need to pass an English test to level B1 on the CEFR. This is one of the companies which run English tests:
http://englishexamcentres.co.uk/which-e ... -need.html

wenner
Junior Member
Posts: 91
Joined: Sun Apr 29, 2012 1:12 pm

Post by wenner » Thu Aug 09, 2012 8:21 pm

I have made an appointment to see a immigration adviser.I cant really establish from the documents I have what type of work permit I had.On 30 Oct 2007 I have received a letter from home office which said: Thank you for your application to remain in the Uk as a work permit holder.It has been approved.
On 15 Sept 2008 I have received a similar letter which says that my leave to remain as a work permit holder has been approved.It just says work permit holder, not qualifying work permit holder, or work permit holder (TWES).How do I know?I have phoned the UKBA and they said I dont need to do English test because I get points for my qualification on the points calculator, I wouldnt get any points if they didnt recognize the qualification.I also see that i dont need to send bank statements or payslips, as I have leave to remain as a Tier 2 migrant.i just wanted to send it off to be on the safe side, just in case.

Bailanz
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Joined: Sat Jun 23, 2012 8:48 pm

Avoid Tier 2 (W) if you can

Post by Bailanz » Tue Aug 21, 2012 8:36 pm

Hi whatever you decide please try and avoid T2 W application especially if you might need your passport in the next 6 months. I applied in February and 6 months later I'm still waiting. All I got was a confirmation that the application was received and that was a week after I sent my application. I called and wrote letters but all I get told is "you have to wait".

JAG13
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Posts: 3
Joined: Wed Aug 22, 2012 10:27 am

contact your local mp

Post by JAG13 » Wed Aug 22, 2012 10:51 am

Hey

sorry to bother you
just wanted to ask how did you contacted your MP and what steps did you follow
i live in guildford and the Mp is

Member for this constituencyAnne Milton
PartyConservative
Websitewww.annemilton.com
AddressAnne Milton, House of Commons, London SW1A 0AA
please advice

Greenie
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United Kingdom

Post by Greenie » Wed Aug 22, 2012 10:57 am

Have you visited her website?

JAG13
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the website is not working

Post by JAG13 » Wed Aug 22, 2012 10:59 am

the website is not working

Greenie
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United Kingdom

Post by Greenie » Wed Aug 22, 2012 11:05 am

Write to her at the address you have quoted.

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