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Guidance on Tier 2 ILR Six year limit

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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selentertain
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Guidance on Tier 2 ILR Six year limit

Post by selentertain » Mon Apr 08, 2019 7:45 pm

Hi

I came to UK for the first time on 23 September 2014 in a Tier 4 Student visa, to study my Masters. I finished Masters and switched my visa within UK to Tier 2 (General) visa for 3 years (until 21/02/2019). My firm applied for another 3 year extension for my Visa but I received my BRP card with an end date of 23 September 2020.

I noticed that this date marks exactly 6 years from the date of my first entry to UK as a student. I would not be able to apply for ILR before 23 September 2020 date as I won't complete 5 years continuous residence in Tier 2 until 19/01/2021.

Does the time I spent in UK under Tier 4 visa count towards the six year limit? I thought only the time in Tier 2 General visa counts towards that limit.

Would any of you be able to help me and remove my confusion on this matter?

Thank you for all your help.

Student Visa: 15/09/2014 => 30/01/2016 (entered UK on 23/09/2014)
Tier 2 Work Visa: 19/01/2016 => 21/02/2019 (switched within UK) = 3 years 1 month
Tier 2 Work Visa Extension: 19/03/2019 => 23/09/2020 = 1 year 6 months (+ 1 month between the last date of last BRP and start date of new BRP which is lawful stay)

According to the above numbers, I would only have 4 year 8 months of stay on Tier 2 General and rest 1 year 4 months was as a student.

May be this 6 year date they have given me is a coincidence or a mistake and I can further extend my Tier 2 Visa after that, but I would like to know if that is the case.

Kind Regards
Selvakumar

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CR001
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Re: Guidance on Tier 2 ILR Six year limit

Post by CR001 » Mon Apr 08, 2019 8:11 pm

What was the length stated in the CoS??
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selentertain
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Joined: Mon Apr 08, 2019 7:24 pm
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Re: Guidance on Tier 2 ILR Six year limit

Post by selentertain » Tue Apr 09, 2019 5:43 pm

CR001 wrote:
Mon Apr 08, 2019 8:11 pm
What was the length stated in the CoS??
Thanks for your quick reply.

I can see that on the application they mentioned 3 years or less as the length of your COS.

I was instructed by my HR team to put the following as my work dates for paying IHS.

22 February 2019 – 18 January 2022

So, I believe it was 3 years I have applied for.

Thanks
Selva

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