ILR application time

Hello,
I have Tier 1 general visa granted since 2010 and I used to come to UK to renew but never stayed as I did not find job due to recession at that time
I have officially entered UK in January 2015 and got my T1 general visa extended until 2018 .
By April 2018 - I would have spent in UK only 3 years - what should happen next?

- Can I apply for ILR though I did not complete 5 years?
- Not sure if my company can grant Tier-2 / if not , is there any umbrella companies can do this?
- Any other solution/ or legal work around to get ILR by 2018 ?
- In Tier -1 guidance it was mentioned they may modify the immigration law before 2018 - but it is not clear - any idea?
- Anyone else in this forum has the same case ? i.e on Tier 1 general but will not complete 5 years before April 2108 ?

Thanks all for help

If you cannot qualify for ILR under Tier 1 (General), then you may switch into another category.

According to my understanding you should get enough time to get ILR on your last extention. Its minimum of three years or time to apply for ILR. I am not sure but some senior could explain or guide.

naveediiqbal wrote:According to my understanding you should get enough time to get ILR on your last extention. Its minimum of three years or time to apply for ILR. I am not sure but some senior could explain or guide.

7.28. A change is being made to this category to adjust the grant periods for Tier 1 (General) extensions to either 3 years (as at present) or the balance the applicant needs to take their time in the category to 5 years, whichever is longer. This allows for applicants to accrue 5 years in the category before the closing date, even if their original grant was delayed due to a refusal and appeal. The Home Office will assess what provisions are needed for indefinite leave to remain applications once all extension applications have been processed after April 2015, and will consider making adjustments in a future Statement of Changes.

ILR under Tier 1 (General) is subject to:

245CD wrote:(m) The application for indefinite leave to remain must have been made before 6 April 2018.

vinny wrote:ILR under Tier 1 (General) is subject to:

245CD wrote:(m) The application for indefinite leave to remain must have been made before 6 April 2018.

But they said that The Home Office will assess what provisions are needed for indefinite leave to remain applications once all extension applications have been processed after April 2015, and will consider making adjustments in a future Statement of Changes.

I still did not get a clear advise on my orginal questions raised when I open this thread, can you kindly guide me what is your expectations for those who are on Tier 1 general but will not reach 5 years of continuous residency before April 2018? the statement they mentioned in their guidance is not clear:

4) The Home Office will assess what provisions are needed for indefinite leave to remain
applications once all extension applications have been processed after April 2015, and will
consider making adjustments in a future change to the Immigration Rules. Under the current
Rules however, applications for indefinite leave to remain will no longer be accepted in the Tier 1
(General) category from 6 April 2018. Applicants who are currently in the UK and who wish to apply
for indefinite leave to remain must submit an application on or before 5 April 2018

Br
Ibts

ibabdelt wrote:I still did not get a clear advise on my orginal questions raised when I open this thread, can you kindly guide me what is your expectations for those who are on Tier 1 general but will not reach 5 years of continuous residency before April 2018? the statement they mentioned in their guidance is not clear:

4) The Home Office will assess what provisions are needed for indefinite leave to remain
applications once all extension applications have been processed after April 2015, and will
consider making adjustments in a future change to the Immigration Rules. Under the current
Rules however, applications for indefinite leave to remain will no longer be accepted in the Tier 1
(General) category from 6 April 2018. Applicants who are currently in the UK and who wish to apply
for indefinite leave to remain must submit an application on or before 5 April 2018

Br
Ibts

This means they may make some amendments any time later but at the moment the last date is April 2018 to apply for ILR for main applicants

Just like Vinny has already said, you can switch into another category. Start talking to your current employer about Tier 2 sponsorship or find another one prior to 2018.

Consider other categories (that will not reset your ILR clock) that you could potentially switch into.

Thanks OR and all for your reply
what if I applied for ILR in 2018 (though I did not complete 5 years) - do you think there will be any exception for those who are on Tier -1 and left with no enough time ? given they have made a statement in the first page of the Tier 1 guidance that they can amend the immigration rules?

I have the visa since August 2010 so theoretically I am on this visa since more than 5 years but the actual stay in UK will be less than 5 years at April 2018?

Any legal work around on this?

ibabdelt wrote:Hello,
I have Tier 1 general visa granted since 2010 and I used to come to UK to renew but never stayed as I did not find job due to recession at that time
I have officially entered UK in January 2015 and got my T1 general visa extended until 2018 .
By April 2018 - I would have spent in UK only 3 years - what should happen next?

- Can I apply for ILR though I did not complete 5 years?
- Not sure if my company can grant Tier-2 / if not , is there any umbrella companies can do this?
- Any other solution/ or legal work around to get ILR by 2018 ?
- In Tier -1 guidance it was mentioned they may modify the immigration law before 2018 - but it is not clear - any idea?
- Anyone else in this forum has the same case ? i.e on Tier 1 general but will not complete 5 years before April 2108 ?

Thanks all for help

when was the last time you entered UK before Jan 2015 and what did you do during that period of absence

Hello
I entered UK twice , once in 2011 and I stayed like 10 days and one more time in 2012 and stayed for 3 weeks, at this time in 2012 I have made my first second extension for 3 years and applied for NIN and was looking for jobs - I made some interviews remotely when I was aty home country but did not find any job until I entered UK in January 2015 , at this time I made my second extension for 3 years until Jan 2018 - What do you think I should do ?

Rgs

vinny wrote:If you cannot qualify for ILR under Tier 1 (General), then you may switch into another category.

Vinny has already provided you with the correct advice. You will likely need to apply for another visa category you might qualify for, e.g. Tier 2 General.

ibabdelt wrote:Hello
I entered UK twice , once in 2011 and I stayed like 10 days and one more time in 2012 and stayed for 3 weeks, at this time in 2012 I have made my first second extension for 3 years and applied for NIN and was looking for jobs - I made some interviews remotely when I was aty home country but did not find any job until I entered UK in January 2015 , at this time I made my second extension for 3 years until Jan 2018 - What do you think I should do ?

Rgs

Hi,

I asked question if you have entered UK before Jan 2015. The reason being I though if you have any visits with less then 180 in a go (to Jan 2015) then you could use that period provided you were not working outside UK during that time. But this is not the case so we cant use any period before Jan 2015. try switching to other PBS routes which do not reset clock. I know its hard but that might be the only option available at the moment.

thanks for clarifying, is there any chance that the law can change to accommodate those who are in my case? the statement mentioned in the first page guidance is not clear to anyone.

My company can provide Tier -2 general but they told me that I have already a visa so no need to switch. I may move to another company soon which also provide Tier-2 . shall I ask them from now to switch to Tier -2 or stay on Tier -1 may be things will change? I would also have teh freedom to move between employes or work on my own

It is unlikely that any rules changes will occur in regards to Tier 1 General. It is not HO's fault that you did not avail of the full use of the visa since 2010 (by your choice) to qualify for ILR.

If you switch to Tier 2 General, you can ONLY work for the sponsoring employer. You can stay on Tier 1 G until you get closer to your expiry and then apply Tier 2 G, but bear in mind that the rules for Tier 2 G are also being tightened, the first change coming in April 2016 re salary requirements of £35k.

thank you very much for your quick support and Yes clear to me and I understand fully
I have evidences and proofs that I applied for hundreds of jobs and did many of interviews remotley but did not work until 2015 , the thing is I have family to support and could not come and stay jobless in UK - do you think they can accept such excuse if I applied for ILR in 2018?

No, unfortunately not. If you were not economically active and living in the UK for the full 5 year residence requirement (with the permitted absences), you do not qualify for ILR. The rules are very clear and if you choose to apply for ILR, your application will likely be refused.

Hello all,
I am on Tier- 1 general expiry Jan 2018 , I need to apply for ILR earlier for some personal reasons. My question is, what is the earliest time that I can apply for ILR if my visa will expire Jan 2018?
Is it Ok if I apply in April 2017?

Thanks

I have merged your latest post with your previous topic so that members can fully understand your circumstances.

Nothing has changed since you last asked this question in 2015. You do not have 5 years residence in the UK and will therefore not qualify for ILR.

Have you done anything since 2015 to find another visa category to change into?

There are no exceptions by HO if you apply early when you clearly do not qualify for ILR. It will be a refusal.