ILR Eligibility - Held different Visas

Bhanu534 · Post by **Bhanu534** » Thu Jul 11, 2019 4:31 pm

Hello All,

I have been in UK for almost 4 years now & wondering how much of my stay here is counted towards ILR eligibility.

I came to UK in November 2015 & stayed in UK till December 2019 on ICT workpermit visa (the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer)

From December 2019 till now I am on Tier 2 general dependent Visa.

I'm at a job now & my employer is willing to sponsor me from the beginning of next year - will hopefully have my own Tier 2 General Visa - assuming RLMT goes through.

By December 2020, I'll have stayed in UK for 5 years continuously.

My main concerns are:
1. On the period I stayed in UK on ICT (not exactly sure what subject of an ICT means, but I assumed it means I am the employee not a dependent)
2. The period I stayed in UK as a Tier 2 General dependent. The eligibilty guidance does not speak anything about this.

Can someone clarify if I'm eligible to apply for ILR in December 2020?

Thanks in advance,
Bhanu

Post by **CR001** » Thu Jul 11, 2019 4:37 pm

I have been in UK for almost 4 years now & wondering how much of my stay here is counted towards ILR eligibility.

It depends how long you are prepared to wait for ILR, 5 years or 10 years.

I came to UK in November 2015 & stayed in UK till December 2019 on ICT workpermit visa (the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer)

You did not have a 'work permit' visa, which was discontinue in 2008 when the Tier 2 and Tier 1 routes were introduced. You have only held a Tier 2 and unfortunately for you, ICT issued on or after 6th April 2010 does NOT count for ILR based on 5 years residence.

From December 2019 till now I am on Tier 2 general dependent Visa.

I'm at a job now & my employer is willing to sponsor me from the beginning of next year - will hopefully have my own Tier 2 General Visa - assuming RLMT goes through.

Switching from dependent to main Tier 2 visa holder resets your 5 year residence clock for ILR.

By December 2020, I'll have stayed in UK for 5 years continuously.

You need 5 years as PBS Dependent OR 5 years as Tier 2 General main visa holder. You cannot combine PBS dependent time with PBS main visa holder time and you cannot use ICT for any of it for ILR based on 5 years residence.

1. On the period I stayed in UK on ICT (not exactly sure what subject of an ICT means, but I assumed it means I am the employee not a dependent)

ICT does NOT count for ILR based on 5 years residence.

2. The period I stayed in UK as a Tier 2 General dependent. The eligibilty guidance does not speak anything about this.

You need 5 years as a Tier 2 dependent visa holder to qualify for ILR based on 5 years.

Can someone clarify if I'm eligible to apply for ILR in December 2020?

No. You are really misunderstanding things. To qualify for ILR based on 5 years residence, simply living in the UK is not enough. You MUST have 5 years in a qualifying visa category for ILR.

Bhanu534 · Post by **Bhanu534** » Mon Jul 15, 2019 4:51 pm

CR001 wrote: ↑
Thu Jul 11, 2019 4:37 pm

You did not have a 'work permit' visa, which was discontinue in 2008 when the Tier 2 and Tier 1 routes were introduced. You have only held a Tier 2 and unfortunately for you, ICT issued on or after 6th April 2010 does NOT count for ILR based on 5 years residence.
https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

As per the eligibility guidelines this 'work permit' is under the Tier 2 (Intra-Company Transfer) itself & not something else apart from it. It clearly says it is the time in the UK under Tier 2 (Intra-Company Transfer). I had a document sent to me when my ICT Visa was applied which said something about a work permit being obtained.

The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:

1. the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010.
2. the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer.

Thanks,
Bhanu

Post by **CR001** » Mon Jul 15, 2019 7:25 pm

Tier 2 ICT and the old style discontinued "work permit" are two different things.

You cannot include time as a tier 2 ICT main visa holder with time as a tier 2 dependent to make up 5 years for ilr. It doesn't work like that.

Your time on tier 2 ICT is irrelevant for ilr based on 5 years residence.

Not sure why you are looking at tier 2 general main visa holder eligibility when you hold a tier 2 DEPENDENT visa!!!

You are trying to make the rule bend to suit you and it won't work. You will be refused and lose your money.

Bhanu534 · Post by **Bhanu534** » Thu Jul 18, 2019 4:25 pm

Wishful thinking, I guess.

Thanks for your help. Appreciate it.

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ILR Eligibility - Held different Visas

ILR Eligibility - Held different Visas

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