Calculation of ILR period with break

[XUV]

Hi everyone,

I've looked on the web and I can't seem to find the answer to this specific query. What I want to know is how the ILR period is calculated in the following scenario :

Suppose a person is on a Tier 2 work sponsored visa for 3 years, and then a Tier 4 study visa for 1 year, and then back on a Tier 2 work sponsored visa for 2 years. The question is : Does the 'clock' reset?

So the breakdown is :

Tier 2 - 3 years
Tier 4 - 1 year
Tier 2 - 2 years

By this point in time, is the total time period = 3 + 2 = 5 years??

(Note : I've looked at the official PDF for the calculation of the ILR period but it only mentions that any break in employment with a time period of 60 days or less is disregarded. I want to know when the clock resets)

Thanks

[manci]

see immigration rule 245HF(c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[XUV]

see immigration rule 245HF(c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

Thank you very much manci for your reply however I think the ambiguity still remains. Looking at the link you provided, section 245HF (c) states that :

The applicant must have spent a continuous period of 5 years lawfully in the UK, of which
the most recent period must have been spent with leave as a Tier 2 Migrant, ...

but it doesn't specify what "the most recent period" is exactly. I cannot deduce from this what the answer to my question above is.

Thanks again!

[UKBALoveStory]

Suppose a person is on a Tier 2 work sponsored visa for 3 years, and then a Tier 4 study visa for 1 year, and then back on a Tier 2 work sponsored visa for 2 years. The question is : Does the 'clock' reset?

It all depends upon when and where the the "extensions" are granted. e.g. if the subsequent visas are granted in country and old leave to remain was still valid then it will not reset the clock.

When you apply for ILR, you are applying under the current "leave to remain" category. Whatever is the criteria for that category will apply.

Hope that helps.

[XUV]

Suppose a person is on a Tier 2 work sponsored visa for 3 years, and then a Tier 4 study visa for 1 year, and then back on a Tier 2 work sponsored visa for 2 years. The question is : Does the 'clock' reset?

It all depends upon when and where the the "extensions" are granted. e.g. if the subsequent visas are granted in country and old leave to remain was still valid then it will not reset the clock.

When you apply for ILR, you are applying under the current "leave to remain" category. Whatever is the criteria for that category will apply.

Hope that helps.

Thanks for the reply UKBALoveStory!