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How to count 5 years for ILR.

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

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iftee.hussain
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How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 11:03 am

Hello All,

If I am going to count my Tier2 (ICT) and Tier 1 General visas then on 09 of May 2015 I will complete my 5 years in UK. But today before applying my application I found the below rule where it's mentioned that I can't include my Tier2 (ICT) 1 year. Is that correct?
Anyone having any experience with this or has any knowledge to share? Should I proceed with my application or wait for another year? If I have to wait for another year then my Tier 1 General will expire on 12 Mar 2016 and I ll be eligible for ILR on 29th April 2016.
Which would mean that I have to extend my Tier 1 before applying the ILR.

This is the rule and link which i found on the gov.uk site.
https://www.gov.uk/settle-in-the-uk/y/y ... -1-general
The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following apply:
the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer

My Visa Summary :

Tier 2 (ICT) Migrant
Valid from 29 April 2010 till 15 May 2012
Entry to UK on 09 May 2010

Tier 1 - General
26 May 2011 : Date of issue
26 May 2013 : Valid Until

Tier 1 - General Extension ( I applied it earlier because I was counting the ICT)
13 Mar 2013 : Date of issue
12 Mar 2016 : Valid Until

Thanks.

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CR001
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Re: How to count 5 years for ILR.

Post by CR001 » Sun Apr 12, 2015 11:20 am

There is no longer an option to extend Tier 1 main applicant visas, it is now a completely closed visa route. This is with effect from 6th April 2015.
Char (CR001 not Casa)
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iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 11:24 am

If you will check my mentioned the gov.uk link then its clearly mentioned the below article in bold.
From 6 April 2018 the Tier 1 (General) category will be closed to applicants who want to settle using this visa route.

iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 11:30 am

Hi Char,
I have seen the gov.uk site and you are correct. Then in this case what I am suppose to do. Do you have any idea?

Thanks.

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Re: How to count 5 years for ILR.

Post by vinny » Sun Apr 12, 2015 11:34 am

When did you apply for the Tier 2 (ICT) visa?
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iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 11:44 am

My Visa Summary :

Tier 2 (ICT) Migrant
Valid from 29 April 2010 till 15 May 2012
Entry to UK on 09 May 2010

then I applied for Tier 1 from Tier2 (ICT)
Tier 1 - General
26 May 2011 : Date of issue
26 May 2013 : Valid Until

Tier 1 - General Extension ( I applied it earlier because I was counting the ICT)
13 Mar 2013 : Date of issue
12 Mar 2016 : Valid Until

iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 11:45 am

My company only applied for the Tier2 (ICT) visa in mar-april 2010 so dont know the exact date.

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Re: How to count 5 years for ILR.

Post by vinny » Sun Apr 12, 2015 12:04 pm

Can you find out?

If you applied prior to 6 April, 2010, then you may be eligible for ILR now, in 2015. Else, you could apply for ILR shortly before you leave expires and hope that they decide your application after you qualify for ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: How to count 5 years for ILR.

Post by CR001 » Sun Apr 12, 2015 12:38 pm

iftee.hussain wrote:If you will check my mentioned the gov.uk link then its clearly mentioned the below article in bold.
From 6 April 2018 the Tier 1 (General) category will be closed to applicants who want to settle using this visa route.
Applications for extension would have needed to be made before 5th April 2015. Tier 1 applicants can no longer apply for extensions.
Char (CR001 not Casa)
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iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 12:50 pm

Is there any way to find the visa apply (application submit) date?

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Re: How to count 5 years for ILR.

Post by cs95tdg » Sun Apr 12, 2015 1:16 pm

iftee.hussain wrote:Is there any way to find the visa apply (application submit) date?
Either ask your employer. If that's not possible you may want to make a subject access request (SAR) to get a copy of your immigration history (applications made under your name) the HO hold.

iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Sun Apr 12, 2015 4:32 pm

I was checking all my Tier 2 (ITC) related documents and found
1. COS (Certificate Of Sponsorship) date for that Tier 2 (ICT) assigned on 17 March 2010, And
2. A biometric slip on 15th April 2010.

Which one counts as a Visa application date? Is it a COS assigned date or Biometric date?

vinny
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Re: How to count 5 years for ILR.

Post by vinny » Sun Apr 12, 2015 11:24 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Mon Apr 13, 2015 8:04 pm

I have requested the SAR today for asking my application submission date and even I have requested my old company as well to provide the application submission date. I will update once I will get the respond?

I have seen in few threads that a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.
Is this correct? as mine is Tier 2 (INT COM TRANS) MIGRANT as well.

Thanks.

johndepaspire
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Re: How to count 5 years for ILR.

Post by johndepaspire » Fri Apr 17, 2015 4:04 pm

Hi,

I need advise from this forum regarding my ILR. My visa summary is below:

1. Tier 2 General visa issued August 2014.
2. Tier 2 ICT long term visa issued January 2011.

I have continuous stay in UK starting from February 2011, which is 4 years and 2 months now.

As per the rule on https://www.gov.uk/settle-in-the-uk/y/y ... -2-general

The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following apply:
a.the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
b.the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer

My question here is, does the point b above means that if the applicant is on a Tier 2 Gen visa with a previous visa on Tier 2 ICT (issued after April 2010) is also eligible for ILR once completing 5 years(including time periods in both visa types)?

Thanks.

iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Tue Apr 21, 2015 12:01 pm

Hi Gurus,

My company responded me that they dont have the Tier 2 (ICT) Migrant visa application date. Now I am waiting the update from the home office.

However I found a document submission and biometric appointmenet confirmation mail from VFS on 07th April 2010 which was scheduled for 15th April 2010.

Do you guys are having any idea from your past experience that in this case the Application made would be earlier than 07th April 2010 or the document submission and biometric date gonna be my application date.

Please respond me. Any information would be a great help for me.

Thanks,

johndepaspire
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Re: How to count 5 years for ILR.

Post by johndepaspire » Fri Jun 12, 2015 1:46 pm

Hello Immigration Gurus,

Can you please respond to my query:

I need advise from this forum regarding my ILR. My visa summary is below:

1. Tier 2 General visa issued August 2014.
2. Tier 2 ICT long term visa issued January 2011.

I have continuous stay in UK starting from February 2011, which is 4 years and 2 months now.

As per the rule on https://www.gov.uk/settle-in-the-uk/y/y ... -2-general

The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following apply:
a.the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
b.the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer

My question here is, does the point b above means that if the applicant is on a Tier 2 Gen visa with a previous visa on Tier 2 ICT (issued after April 2010) is also eligible for ILR once completing 5 years(including time periods in both visa types)?

Thanks.

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Re: How to count 5 years for ILR.

Post by rukmesh » Fri Jun 12, 2015 2:24 pm

I think you will have to start counting your ILR period from 2014 onwards.

Tier 2 ICT is not counted (if Tier 2 ICT is after 6-Apr-2010).

I might be wrong but this is what I think the situation is. The seniors can shed more light may be ?

iftee.hussain
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Re: How to count 5 years for ILR.

Post by iftee.hussain » Tue Nov 10, 2015 10:26 am

Thanks to all I got the ILR.

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