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ILR Counter When Switching from Tier 2 to Tier 1

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brapplejacks
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ILR Counter When Switching from Tier 2 to Tier 1

Post by brapplejacks » Mon Jul 01, 2019 11:48 pm

Hello all,

I have been in the UK on a Tier 2 General visa for 4 years. I am preparing to move on from my current role and am considering switching onto a Tier 1 Exceptional Promise visa.

Would switching from Tier 2 to Tier 1 reset my ILR counter? Would I still be eligible for ILR in 1 year?

Many thanks,
B

WRWR
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Re: ILR Counter When Switching from Tier 2 to Tier 1

Post by WRWR » Tue Jul 02, 2019 8:18 am

Switching from Tier 2 (General) to Tier 1 (Exceptional Talent) will NOT reset ILR day counter. You'll get ILR in one year. :)

JSHI
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Re: ILR Counter When Switching from Tier 2 to Tier 1

Post by JSHI » Tue Jul 02, 2019 8:51 am

brapplejacks wrote:
Mon Jul 01, 2019 11:48 pm
Hello all,

I have been in the UK on a Tier 2 General visa for 4 years. I am preparing to move on from my current role and am considering switching onto a Tier 1 Exceptional Promise visa.

Would switching from Tier 2 to Tier 1 reset my ILR counter? Would I still be eligible for ILR in 1 year?

Many thanks,
B
Tier 2 General will be continually counted as stated in the guidance file

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marcnath
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Re: ILR Counter When Switching from Tier 2 to Tier 1

Post by marcnath » Tue Jul 02, 2019 10:47 am

WRWR wrote:
Tue Jul 02, 2019 8:18 am
Switching from Tier 2 (General) to Tier 1 (Exceptional Talent) will NOT reset ILR day counter. You'll get ILR in one year. :)
That is incorrect. You need to be on the T1E-exceptional talent for three years or exceptional promise for 5 years. So the ILR counter gets reset.

Eligibility
You can apply if you were endorsed in your field as either:

a recognised leader (‘exceptional talent’) - you must have been living and working in the UK on this visa for at least 3 years
an emerging leader (‘exceptional promise’) - you must have been living and working in the UK on this visa for at least 5 years


https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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CR001
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Re: ILR Counter When Switching from Tier 2 to Tier 1

Post by CR001 » Tue Jul 02, 2019 10:51 am

marcnath wrote:
Tue Jul 02, 2019 10:47 am
WRWR wrote:
Tue Jul 02, 2019 8:18 am
Switching from Tier 2 (General) to Tier 1 (Exceptional Talent) will NOT reset ILR day counter. You'll get ILR in one year. :)
That is incorrect. You need to be on the T1E-exceptional talent for three years or exceptional promise for 5 years. So the ILR counter gets reset.

Eligibility
You can apply if you were endorsed in your field as either:

a recognised leader (‘exceptional talent’) - you must have been living and working in the UK on this visa for at least 3 years
an emerging leader (‘exceptional promise’) - you must have been living and working in the UK on this visa for at least 5 years


https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa
The immigration rules part 6a state differently. I think what you have quoted is for new tier 1 ET not those with current/previous Tier 2.

https://www.gov.uk/guidance/immigration ... sed-system
245BF.Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (Exceptional Talent) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) DELETED
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) All of the following requirements must be met:
(i) The applicant must have spent a continuous period of:
(1) 3 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional talent”, as set out in Appendix L, or
(2) 5 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional promise”, as set out in Appendix L;
(ii) The applicant must have, or have last been granted, leave as a Tier 1 (Exceptional Talent) Migrant.
(iii) The relevant continuous period in (i) must have been spent with leave either as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant) or as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant) or as an Innovator.
Char (CR001 not Casa)
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marcnath
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Re: ILR Counter When Switching from Tier 2 to Tier 1

Post by marcnath » Tue Jul 02, 2019 11:02 am

That was how I remembered it but when I double checked gov.uk to reconfirm, it said otherwise.

Ok. The immigration rules overrule the gov.uk website.

Given the gov.uk website, I would not be surprised if the immigration rules are updated in the future. So, OP should always check again when he gets his/her ET or EP.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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