Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
-
700navagab
- Newly Registered
- Posts: 1
- Joined: Wed Mar 26, 2014 11:08 pm
Post
by 700navagab » Thu Mar 27, 2014 1:02 am
Query about eligibility for ILR. It is not a straight forward case and hence need the expertise advice from the audience here. Thanks in advance.
Situation:
Entry clearance to UK is Feb 2010 and stayed until Aug 2010 - Work Permit Visa (until visa valid).
Away from UK for 3.5 months (105 days) during which no Visa held.
Again back to UK in Nov 2010 with a fresh visa - Tier 2 ICT established staff during which the Visa rules had already changed.
Continuing in the same visa till date (i.e 3.3 years). I'm planning to switch to Tier 2 General and continue for the next 10 months to make it a total duration of 5 years.
Questions
1) Switching from Work Permit Visa to Tier 2 ICT Visa - would it have an effect on ILR eligibility?
2) Duration of 3.5 months (105 days) during which I did not have any UK visa. Was away from UK. Would this have an effect on my ILR eligibility? When does my 5 year period start?
3) I'm away from UK cumulatively for about 176 days including the 3.5 months and all the little vacations. How long can the person be away from UK in the 5 year duration? Is it 180 days for any 12 month duration? Some people say it is 180 days for the entire 5 year duration. If I cross 180 days for the entire 5 year duration, is it alright?
-
t2ict
- Member
- Posts: 171
- Joined: Mon Nov 04, 2013 3:43 pm
Post
by t2ict » Thu Mar 27, 2014 3:37 pm
700navagab wrote:Query about eligibility for ILR. It is not a straight forward case and hence need the expertise advice from the audience here. Thanks in advance.
Situation:
Entry clearance to UK is Feb 2010 and stayed until Aug 2010 - Work Permit Visa (until visa valid).
Away from UK for 3.5 months (105 days) during which no Visa held.
Again back to UK in Nov 2010 with a fresh visa - Tier 2 ICT established staff during which the Visa rules had already changed.
Continuing in the same visa till date (i.e 3.3 years). I'm planning to switch to Tier 2 General and continue for the next 10 months to make it a total duration of 5 years.
Questions
1) Switching from Work Permit Visa to Tier 2 ICT Visa - would it have an effect on ILR eligibility? As you've had new entry clearances with Tier-2 Established Visa in Nov. 2010, you're NOT eligible for ILR as per the present UKBA rules
2) Duration of 3.5 months (105 days) during which I did not have any UK visa. Was away from UK. Would this have an effect on my ILR eligibility? When does my 5 year period start? ILR NOT possible
3) I'm away from UK cumulatively for about 176 days including the 3.5 months and all the little vacations. How long can the person be away from UK in the 5 year duration? Is it 180 days for any 12 month duration? Some people say it is 180 days for the entire 5 year duration. If I cross 180 days for the entire 5 year duration, is it alright? ILR is ONLY possible, if you do in-country switch into Tier-2 General with a new sponsor employer and stay in that visa for the next 5 years
