Tier 2 General: ILR Query

checkvisa123 · Post by **checkvisa123** » Fri Oct 12, 2012 3:01 pm

Dear Consultant,

I have been in the UK from Jan 2010. My different visa status are as below:

18 Jan 2010 : Tier 4, Student Visa approval
31 Jan 2010 : Entry to UK with Tier 4, Student Visa approval
16 March 2011 : Application and approval of Tier 1 Post Study Work Visa
16 March 2013 : Tier 1 Post Study Work Visa will expire

I have been working as permamant employee from last 10 months. My employer is listed in Register of Sponsors and agreed to sponsor my Tier 2 General visa.

My queries are:

1: If I switch to Tier 2 (General), am I eligible for ILR? If yes, when will I be eligible to file for ILR in the UK?

2: If I switch to Tier 2 (General), will I be eligible to do contracting (by umbrella company route)?

Thank you in advance.

Kind Regards,
NP

Post by **geriatrix** » Fri Oct 12, 2012 3:13 pm

1. If you wish to switch to Tier 2 (General), do so if you qualify for it. But no one can tell you today what the rules may be in 2017 and whether you will be eligible for settlement then.

2. You cannot be self-employed when in UK as a Tier 2 migrant.

checkvisa123 · Post by **checkvisa123** » Fri Oct 12, 2012 3:21 pm

sushdmehta wrote:You cannot be self-employed when in UK as a Tier 2 migrant.

Dear Moderator,

Thank you for your reply.
Can I do contracting if I get sponsorship from an umbrella company?

Many Thanks,
NP

Post by **geriatrix** » Fri Oct 12, 2012 3:24 pm

Explain the term "contracting" as you perceive / understand it.

checkvisa123 · Post by **checkvisa123** » Fri Oct 12, 2012 3:29 pm

sushdmehta wrote:Explain the term "contracting" as you perceive / understand it.

My understanding about the contracting is: I can become an employee of umbrella company (which will sponsor my visa) and then I can become a contractor to third party company and earn daily £xxx income from third party company.

My another query is, if I switch to Tier 2 (General), am I eligible for ILR? If yes, when will I be eligible to file for ILR in the UK?

Many Thanks,
NP

Post by **geriatrix** » Fri Oct 12, 2012 3:38 pm

In other words, you are an employee of the umbrella company - not a "contractor", though you perceive yourself to be one.

checkvisa123 · Post by **checkvisa123** » Fri Oct 12, 2012 3:53 pm

sushdmehta wrote:In other words, you are an employee of the umbrella company - not a "contractor", though you perceive yourself to be one.

Thank you.
Does it simply means that umbrella company can sponsor my visa (provided that it is eligible to sponsor my visa)?

checkvisa123 · Post by **checkvisa123** » Fri Oct 12, 2012 4:01 pm

sushdmehta wrote:1. If you wish to switch to Tier 2 (General), do so if you qualify for it. But no one can tell you today what the rules may be in 2017 and whether you will be eligible for settlement then.

2. You cannot be self-employed when in UK as a Tier 2 migrant.

I can understand that, no one can predict the rules in 2017.

But as per the current rules, date of first application is also considered. If I apply for Tier 2 General in Feb 2012 (as per current visa rules) then when can I apply for the ILR?

As per current rules, Tier 2 General can apply for ILR after 6 years. Am I interpreting correctly? I am not very sure about the time limit (6 or 6.5 years). I have already finished 6 months in my current company. So, do I need to apply for ILR after 6 years?

Post by **geriatrix** » Fri Oct 12, 2012 4:13 pm

Read Points-based system, draft Tier 2 settlement guidance - valid from 6 April 2016

checkvisa123 · Post by **checkvisa123** » Fri Oct 12, 2012 4:36 pm

sushdmehta wrote:Read Points-based system, draft Tier 2 settlement guidance - valid from 6 April 2016

Thank you for the documents. I will read the documents in detail and will get back to you in case of any difficulty.

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