Combination of Visas | ILR Eligibility

Hello,

I need information on eligibility criteria for applying ILR in UK under multiple categories of VISAs. There are two use cases. One for me and other for my spouse.

Case 1:
I had TIER 2 ICT from Nov'15 to Oct'19. Thereafter my spouse managed to get TIER 2 General and I switched to TIER 2 General dependent VISA. I will now be completing 5 years in UK in Nov'20. Can I apply for ILR after that as I would have legally stayed in the UK continuously for 5 years?

Case 2:
My spouse had TIER 2 ICT dependent VISA from Nov'15 to May'19. She managed to get TIER 2 General in May'19 and will complete 5 years in UK (under ICT dependent + TIER 2 General) in Nov'20. Can she apply for ILR after completing 5 years?

Thanks

to my knowledge and understanding, you both will fall in 10 years route.

Hence No.

Case 1:
I had TIER 2 ICT from Nov'15 to Oct'19. Thereafter my spouse managed to get TIER 2 General and I switched to TIER 2 General dependent VISA. I will now be completing 5 years in UK in Nov'20. Can I apply for ILR after that as I would have legally stayed in the UK continuously for 5 years?

No you can't. Tier 2 ICT does not lead to ILR based on 5 years in any combination with another visa. You also cannot combine tier 2 ICT time and tier 2 dependent visa time to make up 5 years for ILR. You need 5 years as a PBS dependent before you can apply for ilr when your spouse does or once your spouse has ilr.

Case 2:
My spouse had TIER 2 ICT dependent VISA from Nov'15 to May'19. She managed to get TIER 2 General in May'19 and will complete 5 years in UK (under ICT dependent + TIER 2 General) in Nov'20. Can she apply for ILR after completing 5 years?

No she can't. She needs 5 years on tier 2 general before she can apply for ILR based on 5 years residence. She cannot combine PBS dependent and tier 2 general main visa time to make up 5 years for ILR.

win320 wrote: ↑

Tue May 19, 2020 3:25 am

to my knowledge and understanding, you both will fall in 10 years route.

Hence No.

Why would only the 10 year ilr route be applicable??? They can apply for ilr after 5 years on their current visas, ie tier 2 general and dependent.

5 years of ICT + 5 years of Tier-2 General ... 10 years.

Technically after 5 years of Tier-2 General, can apply for ILR. In their case, the intent of the question was if they can combine Tier-2 ICT and general to make it 5 years and apply for ILR.

In either way, they need to spend 10 years before they apply for ILR.

win320 wrote: ↑

Fri May 29, 2020 1:28 am

5 years of ICT + 5 years of Tier-2 General ... 10 years.

Technically after 5 years of Tier-2 General, can apply for ILR. In their case, the intent of the question was if they can combine Tier-2 ICT and general to make it 5 years and apply for ILR.

In either way, they need to spend 10 years before they apply for ILR.

Neither had 5 years on ICT and ICT dependent, ie Nov 2015 to may 2019. Only 3.5 years ICT before changing to tier 2 general and dependent.

They will qualify for ilr in 2024 based on 5 years tier 2 and dependent, more than a year before they reach 10 years in Nov 2025.

My advice clearly stated they cannot combine ICT and tier 2 general for 5 years ilr, which is what was asked!!

thanks, I completely agree