Tier 2 Extension After 5 Years
You may wonder what happens after 5 years of being on a Tier 2 General Visa. In this article we look at your options if you are approaching the 5 year mark of being in the UK and offer some practical advice for those who have been in the UK for 5 years.
What can I do if I’m not eligible for Indefinite Leave to Remain after 5 years?
Since April 2012 the rules around Tier 2 lengths of stay were changed to set a maximum stay of 6 years on a Tier 2 General Visa. If you are not eligible for ILR after the normal 5 there years then you must wait for 12 months. This is a cooling-off period that you must see out before applying again. Please note that it is slightly different for Tier 2 ICT Visa (5 years max).
If I am eligible, how do I go about applying for Indefinite Leave to Remain?
As long as you satisfy the eligibility criteria, you will be able to apply. The main issue is whether you have spent more than 90 days outside of the country in any of the 5 years that you have lived in the UK. If you have not exceeded this then you should be OK to apply. There are also other eligibility criteria such as the English Language requirement that will need to be satisfied to be granted Indefinite Leave to Remain.
I have been turned down for Indefinite Leave to Remain, what do I do now?
Do not fret, if you get in touch we may offer you support and advice and even prepare an appeal for you. You will have the right to appeal the decision and this is the ideal time to consult with immigration specialists who can help fight your corner and have the decision overturned.
How long does it take to get an appeal hearing?
Due to the many cases that are waiting to be processed, it is almost impossible to predict how long you will wait for a hearing. It is not unusual to hear of waiting times of more than a year! So it will require patience on your part. The one benefit of this long wait is that it gives you an ideal opportunity to ensure that you have legal representation in place to help maximize your chance of success. If you draft in our expertise we guarantee to give you the best chance of success at appeal and will help you every step of the way.
How we can help
As you can see, moving from a Tier 2 General Visa to Indefinite Leave to Remain can be tough. By having proper legal representation on your side you can maximize your chances of success. So do not take chances, bring us on board and let us help with your immigration case. Call today to speak to us about the services that we offer.