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Applying for ILR - with Tier 1 and Tier 2?

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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vince123
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Applying for ILR - with Tier 1 and Tier 2?

Post by vince123 » Wed Sep 02, 2015 11:09 am

Hi all, I have a quick question and I figured some of you should be able to help with my doubts as this is kind of a grey area that was not covered in the ILR application guide.

I've got my Tier 1 in Dec 2010 and looking to apply for ILR in Sept 2015 (this month) which means it will be less than 5 years. However, I've previously obtained Tier 2 and would have been 5 years in Aug 2012.

So my question is can I use 4 years and 8 months of my Tier 1 (Dec 2010 - Aug 2015) and 4 months of my Tier 2 (Sept 2010 - Dec 2010) for the ILR application but complying to the Tier 1 to ILR rules? There are no gaps between both Tiers.

Thanks in advance!

O_Relly
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Re: Applying for ILR - with Tier 1 and Tier 2?

Post by O_Relly » Wed Sep 02, 2015 11:38 am

Yes you can. Read pg 2 in Calculating Continuous period

Your 5 year qualifying period for ILR could be a combination of any of those categories.
Cheers,
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vince123
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Re: Applying for ILR - with Tier 1 and Tier 2?

Post by vince123 » Wed Sep 02, 2015 4:24 pm

Thanks for the help!

Though I've read that pdf a few times before and couldn't see where it says you could combine :shock: still good to know!

One quick one, so on Section 3 of SET(O), I'll have to check both Tier 1 (General) and Tier 2 (General) ?

O_Relly
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Re: Applying for ILR - with Tier 1 and Tier 2?

Post by O_Relly » Thu Sep 03, 2015 9:23 am

Read section 'Continuous residence' here, also quoted below,
Continuous residence

The time you’re in the UK is called continuous residence. You can only be outside the UK for up to 180 days in any 12 months during that time.

The 5 years can include time in the UK on another visa if it was one of the following:

Tier 1 (General)
Tier 2 (General)
Tier 2 (Minister of Religion)
Tier 2 (Sportsperson)
Highly Skilled Migrant Programme
Work Permit
Innovator
Self-Employed Lawyer
Writer, Composer or Artist
Cheers,
OR

O_Relly
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Re: Applying for ILR - with Tier 1 and Tier 2?

Post by O_Relly » Thu Sep 03, 2015 9:41 am

Also read 245HF(c)(vi)
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geriatrix
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Re: Applying for ILR - with Tier 1 and Tier 2?

Post by geriatrix » Thu Sep 03, 2015 12:15 pm

Please note the use of "are" in 3.1.
You cannot have (or be in the UK under) two immigration categories at the same time.
Life isn't fair, but you can be!

BDPK
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Re: Applying for ILR - with Tier 1 and Tier 2?

Post by BDPK » Thu Sep 03, 2015 12:36 pm

Yes sushmehta , you are correct . and Set(O) form is made the same way .

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