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ILR Eligibility for continous period with different VISA

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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Shak007
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Posts: 32
Joined: Tue Oct 31, 2017 1:15 am
India

ILR Eligibility for continous period with different VISA

Post by Shak007 » Sat Nov 23, 2019 12:29 pm

Hi experts,

My situation below:
1. Arrived to UK in April 2015 in Tier 2 General Migrant VISA (Valid till April 2020)
2. Worked in the Tier 2 sponsored company till Sep 2017 (company made me redundant)
3. Applied for Tier 1 Entrepreneur VISA in Nov 2017 (within UK and no curtailment letter for Tier 2 General) and got BRP from Jan 2018 to Jan 2021
4. Now I am in UK with no gaps for around 4 years and 7 months, planning to change my VISA to Tier 2 General again. Will I be eligible for ILR in April 2020 if I get a Tier 2 general ?


I am seeing the below in Immigration rules, however is it just one previous VISA considered or multiple as in my case for calculating the continuous 5 years.


"245HD. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion Migrant or Tier 2 (Sportsperson) Migrant under this rule, an applicant must meet the requirements listed below. if the applicant meets these requirements, leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) the applicant must:
(i) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Representative of an Overseas Business
(4) a Tier 5 (Temporary Worker) Migrant,
(5) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant, or
(6) a Start-up migrant, or
(7) an Innovator,......."

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zimba
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Location: UK
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Re: ILR Eligibility for continous period with different VISA

Post by zimba » Sat Nov 23, 2019 4:45 pm

Yes. Time spent under Tier 1E counts towards the ILR under Tier 2
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Shak007
Newbie
Posts: 32
Joined: Tue Oct 31, 2017 1:15 am
India

Re: ILR Eligibility for continous period with different VISA

Post by Shak007 » Sun Nov 24, 2019 1:10 am

Thank you Zimba.

So initial T2G (2.75 years) --> then T1E (2 years) --> again T2G (probably for 4 months will make me eligible for ILR), Is that correct ?

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zimba
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Location: UK
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Re: ILR Eligibility for continous period with different VISA

Post by zimba » Sun Nov 24, 2019 4:04 pm

Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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