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  • LAWYER RESPONSE Help with skilled worker visa

    Hey all! I am working at a British university since the 10th of May 2021 with a Skilled Worker Visa (validity 13th April 2021 until 14th September 2023), but I am changing university (and thus sponsor) to take up a permanent post.
    I have some doubts:
    - As my new contract is permanent, do I necessarily have to apply for a 5 years visa or can I also just apply for say 2 or 3 years and ask extension later ?
    - If I go for the shorter visa (2-3 years), could this be a problem in case I want to buy a house and start a mortgage?
    - Is the renewal process a generally fair and linear one or is it advisable to avoid too many extension requests?
    - Once I have completed my new application I would have paid the Immigration Health Surcharge twice for the period between the 1st of September 2021 to the 14th of September 2023. Will I be able to get a refund? What documents/proof will I have to provide? How will the refund be calculated?
    Thanks for your help!

  • #2
    Melissa V (lawyer) Would you be able to comment?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      I'm not at all a lawyer, but since i've been trying to buy a house for some time I've gathered some data.
      According to the information that I've been given, you don't need to have an ILR to buy a home in the UK, but for the mortgage the bank may want either an ILR (less commonly, but requested by a well known biiig bank and some smaller one) or at least 3 years of proven residency in the country if you are an EU national (much more common).
      As for non-EU nationals I don't know, but i doubt that the requisites are more lenient.

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      • #4
        Originally posted by pierodvb View Post
        I'm not at all a lawyer, but since i've been trying to buy a house for some time I've gathered some data.
        According to the information that I've been given, you don't need to have an ILR to buy a home in the UK, but for the mortgage the bank may want either an ILR (less commonly, but requested by a well known biiig bank and some smaller one) or at least 3 years of proven residency in the country if you are an EU national (much more common).
        As for non-EU nationals I don't know, but i doubt that the requisites are more lenient.
        Morning,

        When it comes to mortgages, it is pretty much up to the lender. As a mortgage is a long-term commitment, the lender would expect the borrower to have status allowing them to live and work here more than a few years. But there may be lenders willing to consider people on limited leave depending on the circumstances. As with income requirements, there may be lenders with a more lenient criteria, but they are also likely to be the ones who charge the higher rates of interest. The more you fall outside the set criteria, the more limited your options to find the best rates and deals.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Originally posted by Kevinus88 View Post
          Hey all! I am working at a British university since the 10th of May 2021 with a Skilled Worker Visa (validity 13th April 2021 until 14th September 2023), but I am changing university (and thus sponsor) to take up a permanent post.
          I have some doubts:
          - As my new contract is permanent, do I necessarily have to apply for a 5 years visa or can I also just apply for say 2 or 3 years and ask extension later ?
          - If I go for the shorter visa (2-3 years), could this be a problem in case I want to buy a house and start a mortgage?
          - Is the renewal process a generally fair and linear one or is it advisable to avoid too many extension requests?
          - Once I have completed my new application I would have paid the Immigration Health Surcharge twice for the period between the 1st of September 2021 to the 14th of September 2023. Will I be able to get a refund? What documents/proof will I have to provide? How will the refund be calculated?
          Thanks for your help!
          Louis M (lawyer) would you be able to comment? Many thanks.

          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            I believe Louis is on leave, Aisha R (lawyer) Would you be able to comment?

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              Olga M (lawyer) Would you be able to comment here?

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                Maybe Tariq N (lawyer) can comment?

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Firstly, the job can be permanent but for immigration purposes it is according to the CoS i.e. 3/5 years. Once you have ILR then you become free of immigration controls and do not need to make another immigration application unless you are looking to naturalise.

                  In terms of mortages, every lender will have their own policy so it's better to speak to them direct. Some, understandably, will be reluctant to give you a 25 year mortgage when your permission to stay is only 2 years. There will be no restrictions on borrowing at ILR stage.

                  Of course, the fewer changes the better since every change will require a new application and attendant costs. Even if you have multiple extensions and changes, as long as you can show you have accumulated 5 years you will be eligible for ILR.

                  If there are multiple or overlapping IHS charges, these should be refunded. Submit the application in the normal way. To be on the safe side, I always write a covering letter for this and other issues to make sure these have been addressed.

                  I am the Principal of the Practice ACS Visas and I am a Level 3 Regulated Adviser, authorised by the Office of Immigration Services Commissioner (OISC) to provide advice in both Immigration and Asylum. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tariq N for full details.

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