Tier 2 to ILR application-Out of UK gap between visas

emrekaya · Post by **emrekaya** » Thu Oct 31, 2019 6:01 am

Hello,
I have entered UK at 3 November 2014 and continuously working under Tier 2 visa. My current visa expires at 2021. I am planning to apply ILR however I would like to do it in January 2020 as I need my passport in December?
Is there a rule which states I need to apply IRL exactly when 5 years is completed? Or can I apply after couple of months?
Thank you

Post by **CR001** » Thu Oct 31, 2019 6:07 am

Is there a rule which states I need to apply IRL exactly when 5 years is completed?

No.

Or can I apply after couple of months?

Yes.

Post by **vinny** » Thu Oct 31, 2019 7:32 am

Apply before expiry of leave.

emrekaya · Post by **emrekaya** » Mon Jan 13, 2020 3:40 pm

Hello,
I am planning to apply for ILR but I am not sure I am eligible or not. Any ideas can be extremely helpful.
Here is my Tier 2 history.
1.Tier 2 Visa: 1 November 2014- Valid Until 31-January 2017 Applied from overseas.
Arrived UK 1 November 2014
Left UK 21 December 2016

2. Tier 2 visa : 06-April -2017 Valid Until 15-May-2020 - Applied from overseas.
Arrived UK 01-May 2017

3. Tier 2 visa: Issue date : 26-April 2018 Valid Until 08/07/2021 applied from UK

My concern is that there is 4 months gap in my Tier 2(Between 1. and 2.) visa during when I was not in UK. I applied for visa from overseas.
i have started to live in UK November 2014(with 4 months gap in 2017). According to the timeline, It has been more than 5 years now. How does the gap between tier 2 visas affect my ILR application? Does it break the continuity requirement?
Thank you
Emre

Post by **Amber** » Mon Jan 13, 2020 8:01 pm

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 month period within the 5 year period. 4 months is less than 180 days.

emrekaya · Post by **emrekaya** » Mon Nov 30, 2020 5:39 pm

Hello,
I am planning to apply for ILR but I have a very interesting situation and not sure I am eligible or not. Any ideas can be extremely helpful.

Here is my Tier 2 history.
1.Tier 2 General Visa: 1 November 2014- Valid Until 31-January 2017 Applied from overseas.
Arrived UK 1 November 2014
Left UK 21 December 2016

2. Tier 2 General visa : 06-April -2017 Valid Until 15-May-2020 - Applied from overseas.
Arrived UK 01-May 2017

3. Tier 2 General visa: Issue date : 26-April 2018 Valid Until 08/07/2021 applied from UK

My concern is this: I applied my second tier 2 visa from overseas. I have just learned the concept of the cooling-off period while reading the posts in the forum.Due to the cooling-off rule, I was not supposed to be given Tier 2 visa if I leave the UK and apply from overseas.
So I was not aware of the cooling-off period at that time, apparently cooling off period was ignored in my case.
So my question is how this fact will affect my ILR application? Do I miss an important fact or information?
Many thanks

Post by **vinny** » Sun Dec 06, 2020 11:16 pm

There were some exceptions to the cooling off period.

See also 245AAA(a)(ii) to see if your continuous leave was broken when applied for entry clearances.

emrekaya · Post by **emrekaya** » Tue Dec 15, 2020 1:31 am

vinny wrote: ↑
Sun Dec 06, 2020 11:16 pm
There were some exceptions to the cooling off period.

See also 245AAA(a)(ii) to see if your continuous leave was broken when applied for entry clearances.

Hello Vinny,
Many thanks for your reply but I am not one of these exceptions. I also read the 245AAA and I didn't spend more than 180 days in a year/or rolling year out of UK. SO with respect to 245 I am safe.
Any further thoughts?
Thank you

emrekaya · Post by **emrekaya** » Thu Apr 08, 2021 8:02 am

Hello,
I am planning to apply for ILR but I have a weird situation and not sure I am eligible or not. Any ideas can be extremely helpful.

Here is my Tier 2 history.
1.Tier 2 General Visa: 1 November 2014- Valid Until 31-January 2017 Applied from overseas.
Arrived UK 1 November 2014
Left UK 21 December 2016

2. Tier 2 General visa : 06-April -2017 Valid Until 15-May-2020 - Applied from overseas.
Arrived UK 01-May 2017

3. Tier 2 General visa: Issue date : 26-April 2018 Valid Until 08/07/2021 applied from UK

My concern is this: I applied my second tier 2 visa from overseas. I have just learned the concept of the cooling-off period while reading the posts in the forum.Due to the cooling-off rule, I was not supposed to be given Tier 2 visa if I leave the UK and apply from overseas.
So I was not aware of the cooling-off period at that time, apparently cooling off period was ignored in my case.
So my question is how this fact will affect my ILR application? Do I miss an important fact or information?
Many thanks

Post by **CR001** » Thu Apr 08, 2021 8:09 am

Topics merged.

Post by **vinny** » Thu Apr 08, 2021 9:05 am

I doubt that they would use a cooling off period to refuse, if there was no deception involved.

However, see also Applications from outside the UK. Did you make the entry clearance application in time?

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