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Tier 2 General will be continually counted as stated in the guidance filebrapplejacks wrote: ↑Mon Jul 01, 2019 11:48 pmHello 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?
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.
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.marcnath wrote: ↑Tue Jul 02, 2019 10:47 amThat 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.
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
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.
(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.