Second job and Tier 5 combined for ILR?

[meorung]

Hi,

My Tier 2 visa has been extended for another 3 years.

I had two 12 month Tier 5 visas to do internships during 2014-15 and 2016-17, so along with the previous 3 year Tier 2 visa, I have worked in the UK for a total of 5 years since 2014. My concerns are:
- Are Tier 5 visas counted towards the 5 years of work requirement for IRL?
- In 2015 there was a gap of 192 days when had to be outside the UK for 192 days, so it’s 12 days exceeding the continuous residence requirement. Do you think I can argue for this because I know 1 or 2 cases who had to leave for a year when they applied with the 10 year route?
- Even if I had to start from Jan 2016 then in Jan 2021 I will have worked here for 5 years (1 year T5 + 4 years T2), otherwise I'll have to wait till Jan 2022 for 5 years of T2.
- In Sep 2022 I will have stayed in the UK for 10 years, since I came to study here in Sep 2012, but again there's the issue of 192 day gap in 2015.

So what do you think is the best possible route to achieve ILR? Should I act now, or wait until Jan 2022, or Sep 2022?

Another major concern is the salary threshold. I'm currently earning £30.2. If I don't change jobs but take another relevant 2nd job (<20hrs/wk) to add up to the threshold, would that be eligible? I work in construction/architecture so I can apply with £30.2k primary job + ~£6k second job and it's realistic for my to have a contract with the second employer.

Thanks for reading. Really appreciate your advices.

[CR001]

- Are Tier 5 visas counted towards the 5 years of work requirement for IRL?

No, Tier 5 is NOT a qualifying visa for ILR based on 5 years residence.

- In 2015 there was a gap of 192 days when had to be outside the UK for 192 days, so it’s 12 days exceeding the continuous residence requirement. Do you think I can argue for this because I know 1 or 2 cases who had to leave for a year when they applied with the 10 year route?

You cannot have more than 540 days absence and any single absence of 180 days or more in the WHOLE 10 years to qualify for ILR based on long residence.

- Even if I had to start from Jan 2016 then in Jan 2021 I will have worked here for 5 years (1 year T5 + 4 years T2), otherwise I'll have to wait till Jan 2022 for 5 years of T2.

You cannot combine the time on Tier 5 to make up 5 years to apply for ILR. You need 5 years on Tier 2 only.

- In Sep 2022 I will have stayed in the UK for 10 years, since I came to study here in Sep 2012, but again there's the issue of 192 day gap in 2015.

You will likely be refused and lose your fee.

So what do you think is the best possible route to achieve ILR? Should I act now, or wait until Jan 2022, or Sep 2022?

January 2022 if you meet the Tier 2 ILR requirements.

Another major concern is the salary threshold. I'm currently earning £30.2. If I don't change jobs but take another relevant 2nd job (<20hrs/wk) to add up to the threshold, would that be eligible? I work in construction/architecture so I can apply with £30.2k primary job + ~£6k second job and it's realistic for my to have a contract with the second employer.

You cannot add your second job income to meet the salary threshold. Only your main Tier 2 job salary counts for ILR.

[meorung]

No, Tier 5 is NOT a qualifying visa for ILR based on 5 years residence.

https://www.gov.uk/settle-in-the-uk/y/y ... ement-visa
Thanks for your very prompt reply. According to the link above though, I will qualify for category 3:

"you’ve been living and working in the UK for at least 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)"

So my T5 internship in 2016-17 should be counted, don't you think so?

Regards,

[CR001]

You are choosing to only read the one qualifying criteria when it is all three that must be met for ILR. You need to meet ALL three bullet points to qualify for ILR as a private servant in a private household, which you don't as you don't hold that particular visa.

There are many Tier 5 visa categories and you have not stated exactly which one it is you held

[meorung]

You are choosing to only read the one qualifying criteria when it is all three that must be met for ILR. You need to meet ALL three bullet points to qualify for ILR as a private servant in a private household, which you don't as you don't hold that particular visa.

There are many Tier 5 visa categories and you have not stated exactly which one it is you held

They were Tier 5 TW (Exchange) Migrant. I was working in the exact same kinds of jobs I'm doing. Still not eligible?

[CR001]

They were Tier 5 TW (Exchange) Migrant. I was working in the exact same kinds of jobs I'm doing. Still not eligible?

Presumably you mean the Tier 5 Government Authorised Exchange visa and not Tier 5 TW.

It still does NOT count for ILR based on 5 years residence. You need 5 years on Tier 2 General.

[meorung]

You cannot have more than 540 days absence and any single absence of 180 days or more in the WHOLE 10 years to qualify for ILR based on long residence

Here I can see the time of a visa grant can also be considered https://www.gov.uk/long-residence/eligibility
"when you were given permission to stay in the UK"

Here's what happened in 2015:
- After I finished my first internship, I got a new job offer with this company who would apply for a T2 visa.
- This visa was rejected because their salary offer was graduate level, whereas the HO considered me as an Experienced Worker for having had an internship prior.
- I could persuade this company to bring me back as an intern for a year, so they can have time to properly prepare for my T2 application.
- The T5 visa was approved in date ~150 in late November 2015, so if I rely on the point stated above, perhaps I can justify for this period? The reason I didn't come back in early December 2015 was because it's too close to the holiday period and I started the position in Jan 2016 instead, as soon as after the holiday.

Thank you.

[CR001]

You will be refused and lose your fee. An single absence of 180 days or more breaks your continuity of residence for ILR based on long residence.

Your reason or excuse for the 192 days absence is irrelevant and very weak.

[meorung]

Thank you. Thanks for taking your time to answer.