Q: I currently hold a UK Tier 2 Visa that will run out in September 2012. My employer is going to offer me an extension for a further 2 years. When can I apply for the extension? And are the proposed changes to UK Tier 2 Visa holders and settlement also applicable to those already holding a Tier 2 Visa? Will settlement not be an option?
A: You can apply for extension during the last 3 months of your current leave to remain. You must have a new Certificate of Sponsorship (CoS) for your extension application.
You must apply no more than 3 months before the start date on yourCoS. Your salary must be at least the same, or higher, than that shown on yourCoSfor your previous grant of leave. A Resident Market Labour test (advertising) is not required for extension applications.
The proposed changes to settlement for Tier 2 visa holders are still pending, but we believe that, if accepted, it will only be applicable to new applications from a date in the future. In your case, and provided your current 3 year period is extended for another 2 years, we can see no reason why you should not then qualify for Indefinite Leave to Remain provided you comply with all the other requirements as well.
JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com
