ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Application - Mixed Continuous Stay Calculation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
b0oDy
Newly Registered
Posts: 11
Joined: Fri Apr 09, 2010 4:01 pm

ILR Application - Mixed Continuous Stay Calculation

Post by b0oDy » Tue Mar 24, 2015 1:11 pm

Good day everyone

I've been granted Tier 2 (ICT) visa back in July 2010. I came in the same month to UK and switched to Tier 1 (General) in July 2011. Next July 2015, I should have been in the country lawfully for 5 years. My question is would the year I've spent as Tier 2 (ICT) count against the 5 years requirement and hence I can apply next July 2015? This is because they changed the law back in April 2010 to not allow Tier 2 (ICT) to apply for ILR after 5 years.

I found this in the Immigration Rule 245CD:

To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements
listed below:

The applicant must have spent a continuous period as specified in (d) lawfully in the
UK, of which the most recent period must have been spent with leave as a Tier 1
(General) Migrant, in any combination of the following categories

as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of
5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-
Company Transfer)Migrant granted under the Rules in place before 6 April
2010
, or as a Work Permit Holder where the work permit was granted because
the applicant was the subject of an Intra-Company Transfer.

Some lawyers say I'm still eligible to apply and I don't wish to wast the application fees to be honest.

Again thanks for your help and advice.

b0oDy
Newly Registered
Posts: 11
Joined: Fri Apr 09, 2010 4:01 pm

Re: ILR Application - Mixed Continuous Stay Calculation

Post by b0oDy » Thu Mar 26, 2015 9:30 am

Can one of the moderators please look into this and provide a reply? Thanks!

b0oDy
Newly Registered
Posts: 11
Joined: Fri Apr 09, 2010 4:01 pm

Re: ILR Application - Mixed Continuous Stay Calculation

Post by b0oDy » Fri Mar 27, 2015 12:54 pm

Any response please?

terrytexram
Newly Registered
Posts: 24
Joined: Fri Mar 27, 2015 6:47 am

Re: ILR Application - Mixed Continuous Stay Calculation

Post by terrytexram » Sat Mar 28, 2015 6:37 pm

can anyone confirm my continuous period for ILR counted from the date first visa issued or first date of entry. Just to be more clear my first entry was wuth 45 days of visa issuance. please confirm

Locked
cron