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Indefinite Leave to Remain Qualifying Period - Tier 4 to Tier 2 with same Employer

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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usephoria
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Joined: Mon Dec 23, 2024 5:04 pm
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Indefinite Leave to Remain Qualifying Period - Tier 4 to Tier 2 with same Employer

Post by usephoria » Mon Dec 23, 2024 5:05 pm

Hello, I have a question about when the qualifying period for my ILR begins.

I went from working part time for my employer on a Tier 4 visa to full time on a Tier 2 Visa - however because my application occurred during the covid period, there was a long delay to my visa approval and issue.

My employer made the application in July 2020, and placed the the start date of my full time role with them as 1st August 2020 - but my visa was only approved on 11th March 2021 8 months later.

According to what I’ve read, the qualifying period would begin from issue date, which is 11th March 2021.

My question is if there is any exempting case for someone who is changing leave type (Tier 4 to Tier 2) or for someone whose visa application was delayed this far beyond the standard 8 week period - the three year visa was only valid till three years from the date my employer marked as my start of work which led me to hope that perhaps that start of work date could be counted as the start of my qualifying period, though I’ve yet to read anything to that effect. It would make a significant differene if I could apply 6-8 months earlier!

Thank you so much for your help in advance!

secret.simon
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Re: Indefinite Leave to Remain Qualifying Period - Tier 4 to Tier 2 with same Employer

Post by secret.simon » Mon Dec 23, 2024 5:19 pm

You probably qualify. But wait for others to comment.
Qualifying period requirement for settlement as a Skilled Worker wrote:SW 21.2. The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes:
(a) Skilled Worker; or
...(i) permission on any other route, during the time the applicant was waiting for a decision on their application as a Skilled Worker, provided that application:
- (i) was for permission to stay; and
- (ii) was made between 24 January 2020 and 30 June 2021 (inclusive); and
- (iii) was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and
- (iv) was granted.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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zimba
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Re: Indefinite Leave to Remain Qualifying Period - Tier 4 to Tier 2 with same Employer

Post by zimba » Mon Dec 23, 2024 9:27 pm

Under no immigration route, the time spent waiting for an initial visa counts towards your ILR. This has always been the norm.
The only expectation is for the skilled worker route applications made during the pandemic between 24th Jan 2020 and June 2021. If the application was made after June 2021, then the time spent waiting will NOT count.
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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