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Hi,

after leaving for 5 years+ with Tier2 PBS, I am qualified to apply for ILR. I would like to start my own company and technically should apply for Tier 1 (have access to funds and etc). Can I apply for ILR or only Tier 1?

Thanks for the clarification

I suggest to apply for ILR under Tier 2 for now. Then after you are settled, you do NOT have any restriction for work in the UK

That would be my natural choice, however to avoid me leaving my current company does not want to provide the employment confirmation letter (required for the application) without my commitment to stay and that is why I am considering the Tier 1 route. Any thoughts?

of course "living for 5 years"... just noticed...

AntonyP wrote: ↑

Mon Nov 05, 2018 3:31 pm

That would be my natural choice, however to avoid me leaving my current company does not want to provide the employment confirmation letter (required for the application) without my commitment to stay and that is why I am considering the Tier 1 route. Any thoughts?

should have mentioned that I still have 1 year left on my Tier2 visa

The company needs to given you a letter to say that they need you for the foreseeable future, not the other way around They need to make a commitment to you and give you a letter of support for ILR. I understand that they may require a mutual commitment from you (at least orally)
Switching to Tier 1 means that you have to start a 5 year period from scratch or getting qualified under long residence for ILR.

Thanks for the clarification, Zimba. Very helpful. Just to confirm my understanding, I have had two Tier2 PBS visas sponsored by two different employers over the period of 5 years in total without breaks, would that be counted as a qualified period?

Yes it would

thank you!