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CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hello I am an australXXXXX XXXXXving in the Uk . I had a working

Customer Question


I am an australXXXXX XXXXXving in the Uk . I had a working holiday visa at first and now am on a tier 2 visa . It finishes in sept 2012. I was lucky to get sponsored as my post had been vacant for 2 years. At the time i could only get a tier 2 visa for 3 years hence my contract with my employer is only 3 years. I am uncertain if my employer can just extend my existing visa by extending my contract or if they will need to return to the recruitment process to justify employing someone outside of the UK again. Would they need to formally sponsor me again or it easy enough just to extend my visa once my contract is extended? Failing this can i apply for a highly skilled migrant visa without sponsorship? i have 4 years uk experience, an occupational therapy degree and a fair bit of money in the bank.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 5 years ago.
If you are re-applying for the same job in the same category and are simply wanting to extend your visa then your employer will not need to go through the recruitment process again. You will be able to get your 30 points for your Certificate of Sponsorship by virtue of the fact that you want to extend your stay and continue working in the same job for the same employer. Providing your employer has more Certificates of Sponsorship to give out, and you meet the maintenance requirements then you should have no problem extending your visa for a further 2 years, after which you will be able to apply for your indefinite leave to remain.
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