Switched T1 (Entrepreneur) to T1 (Exceptional Talent) -- when can I apply for ILR?

nickp wrote: ↑

Fri Jan 25, 2019 5:01 pm

Hi,

I had T1 (Entrepreneur) for 5 years (firstly granted in 2013, extended in early 2017). Had no chance to convert to ILR (changed business in the last two years and did not hire two people for a full year).

I applied for T1 ET (Tech Nation), successfully switched. When can I apply for ILR? After 3 years (default option for ET) or earlier?

Thanks in advance.

Yes - after three years

(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).

nickp wrote: ↑

Fri Jan 25, 2019 6:54 pm

Yes - after three years

Thanks. However, I found (below on this forum) the link https://www.gov.uk/guidance/immigration ... sed-system that says

(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).

For me, this sounds like I have continuously spent three years in the UK under the conditions. The previous visa was T1 (Entrepreneur), not T1 (Graduate Entrepreneur). Am I wrong? Do I miss some other requirements?

marcnath wrote: ↑

Fri Jan 25, 2019 7:12 pm

That is correct and that was my understanding too.

However, https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa seems to say you should have 3 years in the ET visa.

The immigration rules override any other document, so you should be able to apply now provided you meet this condition: