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Tier 2 General combined with global exceptional talent with gap less than 180 days in between
Posted: Sat Apr 11, 2020 11:37 am
by myself1999
Hi, I would like to ask if I am eligible to apply for ILR if I have :
3 years Tier 2 General + less than 180 days absent in UK AFTER my T2 visa ended + 2 years of global exceptional visa.
Many thanks!
Re: Tier 2 General combined with global exceptional talent with gap less than 180 days in between
Posted: Sat Apr 11, 2020 3:12 pm
by secret.simon
You may be able to, but only if your leave was continuous. Can you give more details with month/year of when your Tier 2 expired and when you filed for Tier 1 Exceptional Talent? Also when you left and reentered the UK?
Immigration Rule 245BF wrote:(b) The applicant must have spent a continuous period of:
(i) 3 years lawfully in the UK, if their last endorsement by an endorsing body was;
(1) under that body’s criteria for “exceptional talent”, at the relevant time, or
(2) under The Royal Society, The Royal Academy of Engineering or The British Academy criteria for “exceptional promise”, at the relevant time, or
(ii) 5 years lawfully in the UK, if their last endorsement by an endorsing body was under Arts Council England or Tech Nation criteria for “exceptional promise”, at the relevant time;
(c) The applicant must have, or have last been granted, leave as a Tier 1 (Exceptional Talent) Migrant.
(d) The relevant continuous period in (b) must have been spent with leave either as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant) or as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant) or as an Innovator.
Re: Tier 2 General combined with global exceptional talent with gap less than 180 days in between
Posted: Sun Apr 12, 2020 9:36 am
by myself1999
Thank you!
So my situation is my tier 2 visa is going to expired in July this year (I have been living in uk for almost 3 years.) My employer may not extend it and I have to return back to my country. Wondering if I can successfully apply for global exceptional talent and come back to the uk. Given that the gap between tier 2 and GET is less than 180, can I apply for ILR 2 years later?
Re: Tier 2 General combined with global exceptional talent with gap less than 180 days in between
Posted: Sun Apr 12, 2020 3:10 pm
by zimba
myself1999 wrote: ↑Sun Apr 12, 2020 9:36 am
Thank you!
So my situation is my tier 2 visa is going to expired in July this year (I have been living in uk for almost 3 years.) My employer may not extend it and I have to return back to my country. Wondering if I can successfully apply for global exceptional talent and come back to the uk. Given that the gap between tier 2 and GET is less than 180, can I apply for ILR 2 years later?
You must apply for a new visa within 14 days of Tier 2 visa expiry and be granted a new visa and return within 180 days to maintain continuous residence.
Re: Tier 2 General combined with global exceptional talent with gap less than 180 days in between
Posted: Sun Apr 12, 2020 7:03 pm
by myself1999
Thank you!
Re: Tier 2 General combined with global exceptional talent with gap less than 180 days in between
Posted: Mon Apr 13, 2020 10:31 pm
by secret.simon
I don't know the rules for Tier 1 (Exceptional Talent), but can you not apply for it while you are on Tier 2? if you apply before the date of expiry of your Tier 2 visa, you should have Section 3C leave until your application is decided.