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Am I eligible for ILR, pls. advice

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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sudha01
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Am I eligible for ILR, pls. advice

Post by sudha01 » Mon Jan 13, 2014 11:09 am

Hi, can anyone advice whether I am eligible for ILR in my following case.

August 2009 came to UK under tier 2 ICT and was in UK till Sep 2011 under same visa, where in my Visa got expired in Oct 2011, then I changed my sponsor from Tier 2 ICT to Tier 2 General and applied for tier 2 general visa in India, in November 2011. In my case there is a gap between my visas more then 30 days, but the things is I changed my sponsor, while applying for Tier 2 General.

vinny
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Re: Am I eligible for ILR, pls. advice

Post by vinny » Mon Jan 13, 2014 12:41 pm

Do you satisfy 245AAA(a)?
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sudha01
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Re: Am I eligible for ILR, pls. advice

Post by sudha01 » Wed Jan 15, 2014 9:05 pm

Visa type. Visa valid from-valid to Entry in uk. Exit uk.

1. WP 04/08/06 - 04/08/09 12/08/2007. 1/08/2009.
2. Tier 2 ict. 17/09/09 - 03/10/11. 04/10/09. 18/09/11
3. Tier 2 General. 08/11/11 - 15/11/16. 21/11/11. In UK

Thanks.

manci
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Re: Am I eligible for ILR, pls. advice

Post by manci » Thu Jan 16, 2014 9:07 am

on what date did you apply for your entry clearance that was granted from 08/11/2011?

This is relevant with regard to the provisions in Immigration Rule 245AAA(a)(ii) - see link given by vinny (above)

sudha01
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Re: Am I eligible for ILR, pls. advice

Post by sudha01 » Thu Jan 16, 2014 4:21 pm

Submitted the application on 2/11/2011 and got the appointment on 4/11/11. Also tier 2(General) sponsor is a new sponsor.

manci
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Re: Am I eligible for ILR, pls. advice

Post by manci » Thu Jan 16, 2014 7:41 pm

Unfortunately you fail 245AAA(a)(ii) because your T2 ICT leave expired on 3 Oct 2011 and you applied for T2G entry clearance on 2 Nov 2011, more than 28 days after the expiry of your leave (just).

If you continue staying in the UK lawfully you will be eligible for ILR under the long residence rules in August 2017.

sudha01
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Re: Am I eligible for ILR, pls. advice

Post by sudha01 » Thu Jan 16, 2014 10:57 pm

thanks, Manci. Will I be able to apply for ILR in November 2016, as I am completing 5 yrs, since my last entry in UK was 21st Nov,11.

Also will the following point in pg 26 of Guidance –ILR – calculating continuous period in the UK be applicable to me, since I changed my sponsor while applying for T2G on 2nd Nov,11

"Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, such a period may be disregarded for ILR"

manci
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Re: Am I eligible for ILR, pls. advice

Post by manci » Fri Jan 17, 2014 7:34 am

sudha01 wrote:thanks, Manci. Will I be able to apply for ILR in November 2016, as I am completing 5 yrs, since my last entry in UK was 21st Nov,11.
yes, provided you meet the requirements that come into force in April 2016, e.g. min £35 k salary. See:
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Also will the following point in pg 26 of Guidance –ILR – calculating continuous period in the UK be applicable to me, since I changed my sponsor while applying for T2G on 2nd Nov,11

"Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, such a period may be disregarded for ILR"
no, this doesn't apply to you as in Nov 2011 you applied for entry clearance, which is not "forther leave".

sudha01
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Re: Am I eligible for ILR, pls. advice

Post by sudha01 » Fri Jan 17, 2014 9:42 am

Thanks so much, Manci. All my doubts are clear now.

sudarssa
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Am I eligible for ILR, pls. advice

Post by sudarssa » Sun Jan 19, 2014 11:23 pm

Hi,

I stayed in UK from May 2008 - March 2009 in Work Permit then went to INDIA due to my wife pregnancy and delivery and then again I came back to UK in TIER 2 ICT from MAY 2010 to Till Date in the same visa without any break. Please let me whether I will be eligible for ILR now or atleast in future?

Thanks.

manci
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Re: Am I eligible for ILR, pls. advice

Post by manci » Mon Jan 20, 2014 7:34 am

@sudarssa
please post the dates of a) all the visas you had and b) the dates of all your absences from the UK

sudarssa
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Re: Am I eligible for ILR, pls. advice

Post by sudarssa » Mon Jan 20, 2014 12:10 pm

Hi Manci,

Please find my visa and my abscense details.

Work Permit VISA (Multi) - Valid From 29-Apr-2008 to 31-Dec-2009
Tier 2 (ICT Established Staff) - Valid From 13-May-2010 to 16-Jun-2013. Extended upto May-2016 now.

Break period:
22-Mar-2009 to 20-May-2010

Thanks.

manci
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Re: Am I eligible for ILR, pls. advice

Post by manci » Mon Jan 20, 2014 8:12 pm

if you stay on T2 ICT you will only be eligible for ILR in May 2020 (long residency) but if you changed sponsor and switched to T2G you would become eligible 5 years after you obtained T2G leave (under current rules).

sudarssa
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Re: Am I eligible for ILR, pls. advice

Post by sudarssa » Mon Jan 20, 2014 10:47 pm

Thanks Manci

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