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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am Indonesian and I am applying for naturalisation because

Resolved Question:

I am Indonesian and I am applying for naturalisation because I have studied and lived in the UK since 16/09/2005 as I want to live here permanently.

Q1: Is my UK University BA HONS 2:2 Certificate accepted as proof of language "Life In The Uk".

Q2: I am currently employed on a Tier 2 work permit and have been since extending my Student Visa from April 2012.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Are you on a Tier 2-General visa?

When did you originally obtain your tier 2-general visa?

Have you obtained ILR?

Kind regards,

Tom
Customer: replied 3 years ago.

Yes I am on a general Tier 2 Residence Permit, which I obtained in April 2012 and it is valid until 13/03/2105.


 


It says Restricted work


 


regards


Tono

Expert:  Thomas replied 3 years ago.
Hi Tono,

Are you sure the date ".13/03/2105." in your reply is correct? Please clarify?

Have you applied for and obtained indefinite leave to remain?

Kind regards,

Tom
Customer: replied 3 years ago.

No I haven't applied for ILR.


 


My work permit states, issued in the UK on the 22/05/2012 and it's valid until the 12/03/2015


 


Regards


Tono

Customer: replied 3 years ago.

By the way it says (General) Leave To Remain

Expert:  Thomas replied 3 years ago.
Hi,

Yes, but was the Tier 2 general visa that you received in April 2012 the first Tier 2 general visa that you received?

Kind regards,

Tom
Customer: replied 3 years ago.

Yes it was


 


I was prior to this visa on Student Visa's for my university studies.


 


I did work prior to this first and only Tier 2 general visa on my previous uni study visa as it allowed me to stay and work for a period prior to getting my current job.


 


My current firm sponsored me to get this extended work Visa as they went through the process of trying to find someone here first but employed me as they proved that they required my employment.


 


Regards


Tono

Expert:  Thomas replied 3 years ago.

Hi Tono

Thank you for your question and patience, I’m Tom and I’ll try to help you.

You cannot naturalise as a UK citizen yet, because you have not obtained Indefinite leave to remain.

In order to apply for naturliastion a person must be free from immigration time restrictions on the date they apply, which means that they must have indefinite leave to remain.

You have a tier 2 general visa, which is a visa which can allow you to apply for indefinite leave to remain once you have completed 5 years in the UK in this category. Obviously, you have not yet reached 5 years so you will have to wait until you do. Once you have then you can apply provided that you meet the critera on the following page:-
https://www.gov.uk/settle-in-the-uk/y/you-have-a-work-visa/tier-2-general

If you applied for naturalisation now they would reject your application immediately and keep the (very expensive) application fee.

If your degree was taught in English then you will meet the “English language requirement” but you will still have to pass the life in the UK test when you apply for ILR:-

https://www.gov.uk/life-in-the-uk-test/overview


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Hi Tom,


I am shocked as the sponsorship department told my employer and me that I could apply for my Passport after only 2 years of working on the Tier 2 Sponsored Visa as I had lived and studied for so long previously?


 


Regards


Tono

Expert:  Thomas replied 3 years ago.
Hi Tono,

Sorry I've just checked that you entered the UK on 16/09/2005, this means that as at 16/09/2005 then you could apply for ILR under the long residence rules.

This is different to applying under the Tier 2 rules. Where a person has been legally living in the UK for a period of ten years without gaps between their visas then they can apply for ILR on the basis of long residence.

On 16/09/2015 of you can prove the length of time that you have been in the UK with documentary evidence then you can apply for ILR under the long residence rules. However, it's a complicated application to make (more difficult than simply applying under a 5 years residence under Tier 2 general) and you should really instruct a solicitor to prepare your application in September 2015 when the time comes.

Kind regards,

Tom
Customer: replied 3 years ago.

Yes Tom, I was just thinking the same.


 


I am of course very disappointed as the advice they gave us was other as previously noted, however I shall have to speak with my employer as I don't know what they will have to do to extend the sponsorship for me and how that works.


 


As noted my current Tier 2 visa runs out on the 12/03/2105 so does my employer have to go through the whole putting the job up for a UK resident or the likes or is that at least a simple extension process as they need me as I've worked with them so long etc.?


 


Regards


Tono

Expert:  Thomas replied 3 years ago.
Hi,

Well, they were correct in that you will be able to apply for ILR in 09/2015, just that you would have to apply under (1) long residence rather than under (2) the normal tier 2 general rules.

An extension is more simply than the initial applicaiton. you don't have to carry out the resident labour test by putting the job on offer again.

Kind regards

Tom
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