Matthew Rogers

Tier 2 Visa's

Created

Hi All. I would appreciate some help with the following 2 scenarios which broadly speaking are the same I think:

  1. I am currently on a Tier 2 Dependant Visa. I have been living in the UK for over 3 years (since November, 2019)
  2. I'm currently on a dependent tier 2 visa eligible for permanent settlement in October 2023,  have lived in the UK since November 2018

Can we accept both onto the apprenticeship? 

Many thanks in advance,

Matt

Replies

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Steve Hewitt

My only vague concern about the first one is when their current visa expires? Am *still* waiting on feedback from the Agency about the slight wording change to the 23/24 rules which (hopefully erroneously!!!) implies that if their *current* visa expires before the end of the App then they're not eligible (even though learners cannot apply to extend until their current one is nearly finished)... Also, thanks for the reminder to chase this!

Second one, with the implication that they'll be applying for settlement in October, is absolutely fine.

Melanie Aspinall

Steve Hewitt with reference to your comment about current visa expires, would the following not take precedence:

290. Any individual, or relevant family member, who has applied for an extension or variation of their current immigration permission in the UK is still treated as if they have that leave. Keeping this permission applies as long as the application was made before their current permission expired. 

 

Matthew Rogers

Thank you (as always) Steve, it's much appreciated.

Steve Hewitt

Melanie Aspinall Problem is most people can't apply until their current visa has almost expired so, for example, someone with 12 months left wanting to do an 18 month App wouldn't be able to apply to extend yet... Traditionally we've fallen back on "do you have every intention of applying to extend when you can?" but the way they've "clarified" 20.4 Is Not Helpful...

Melanie Aspinall

It really isn't helpful. And unfair. Thanks for the response Steve.

Steve Hewitt

TWO MONTHS waiting for a response about it (although marginally worried about the answer I'll get...)

Melanie Aspinall

Where's the crying emoji - I feel like I need to add it.