5 Year ILR Rules for Combining Visas?

[dispencerreed]

Hi all - hope you had a great weekend!

I'm looking to apply for an ILR after living in the UK for a while.

My history of living in the UK is as follows:
1) Oct 2010 - Oct 2014: Tier 4 Student Visa
2) Oct 2014 - Apr 2017: Tier 2 General Visa
3) Apr 2017 - current (expires Apr 2020): Tier 1 Entrepreneur Visa

My understanding is that when applying for the 5 year route through a current Tier 1 Visa, it cannot be combined with other tiers - i.e. I would only be able to apply for ILR in Apr 2022 (unless I fulfill the 3-year requirements). I could go for the 10 year route and apply for the ILR in Oct 2020, but I'm already very close to the 540 day limit, so would rather not opt for this.

However, based on the Gov.uk website, I understand that if I'm currently on a Tier 2 General Visa, the 5 years for continuous residence can include time in the UK on another visa, including the Tier 1 Entrepreneur visa.

What I'd like to know is if it's possible for me to apply for the ILR if I switch back to a Tier 2 General Visa before Oct 2019, and apply for the ILR from a Tier 2 visa (hence combining my previous Tier 2 visa and my Tier 1 Entrepreneur visa)?

Any advice would be much appreciated, thanks!

[zimba]

Yes you can. However UKVI will probably demand to see your business activity and investments during your time as Tier 1E migrant

[dispencerreed]

Hi everyone!

I’m interested in applying for settlement (Indefinite Leave to Remain / ILR) in the UK under the 5 Year Route. I want to get a confirmation if my understanding is correct, given the following circumstances:

1. I have a Malaysian passport
2. I worked in the UK on a Tier 2 (general) visa from Oct 2014 to Apr 2017
3. I switched to a Tier 1 (Entrepreneur) visa in Apr 2017 and am currently on this
4. I’ve read that if I return to a Tier 2 (general) visa and apply for settlement based on this, I can combine my tenure on the previous Tier 2 and Tier 1 visas to make up the 5 years required for ILR (I'm aware that if I apply with a Tier 1 visa, I can't combine it with any other visa types)
5. I’m assuming that, given that started on the Tier 2 visa in Oct 2014, I should be able to apply for ILR immediately once I switch back to a Tier 2 visa, provided I meet the requirements (e.g. no more than 180 days abroad in rolling 1 year periods etc)

Also, are there any other caveats / requirements that I should be aware of to ensure a successful application, should I return to a Tier 2 (general) visa?

Thanks!

[CR001]

Topics merged!!!

You need at least one month's salary and bank statement on tier 2 general meeting the requirements, to be able to apply for ilr.

[dispencerreed]

Topics merged!!!

You need at least one month's salary and bank statement on tier 2 general meeting the requirements, to be able to apply for ilr.

Thank you so much for your reply! Sorry, I'm new to this forum so didn't realise that there was already a reply to my previous post; for some reason I couldn't find it / didn't realise it had been answered!

That's very helpful to know and makes sense.

Yes you can. However UKVI will probably demand to see your business activity and investments during your time as Tier 1E migrant

This makes sense - what if I attempted some business opportunities, but didn't succeed? Will this be enough grounds for UKVI to reject my ILR application? Even if I switch to the Tier 2 visa?

[zimba]

No.

[dispencerreed]

Okay, that's good to know thanks!