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Am i eligible for ILR?

Posted: Mon Feb 18, 2013 9:45 am
by karpk
Hello, I arrived UK in June 2010 under Tier-2 ICT long term staff, and got my visa extended in June 2012 till June 2013, Now i am planning to switch to Tier-2 General, can some one please advice me whether will i be eligible to apply for ILR in June 2015?

Also, can you please let me know if i switch to Tier-2 General now will the new rules apply to me or will i still fall under the rules that are before 6th April 2011?

And will my 2 years and 9 months stay in UK be considered after my switch to Tier-2 General to apply for ILR?

Can someone answer my above queries asap please?

Posted: Mon Feb 18, 2013 1:10 pm
by amitpattjoshi
Even I have a question related to that..Though bit different if anyone can advise..

I am on Tier1 General and By the time I apply for ILR it will be 4 year 10 months.. and not 5 years..I landed to UK 2 months late after I got my VISA..

I want to understand shall I go for ILR or another extension for that 2 months..

Cheers,
Kumar

Posted: Mon Feb 18, 2013 2:59 pm
by MP1982
In general, if an individual arrived in UK with in 90 days from EC stamp date they can use that time as part of the 5 year stay. I know it is applicable for HSMP and Tier 1 General cases as I was a similar case. Please refer the below link;

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

But not sure for individuals who switch categories while in UK (Ex: Tier 2 to Tier 1 General) so for that will be best to wait for a senior or a Guru to response,

---------------------------------
Info/Advice I provide is general in nature and shouldn't be used as a substitute for professional or legal advice where necessary.

Posted: Mon Feb 18, 2013 4:33 pm
by karpk
Thank you, Amit & MP1982.

Hello Guru's, Can someone please shed some light on my queries? Thank you in advance...

Posted: Mon Feb 18, 2013 10:20 pm
by uksettlement
you will be eligible for ILR as long as there is no gap between the two visas which are being issued.

Posted: Tue Feb 19, 2013 12:59 pm
by karpk
Hello uksettlement, I got my initail Tier-2 ICT visa only after 6th April 2010.
Still do you think i am eligible, can you please clear my doubt?

ILR Doubts?

Posted: Tue Feb 19, 2013 2:11 pm
by aquarian_phoenix
Dear All,

This forum has been really helpful for me when I did my extension in April 2008 and also proving helpful now when I'm due to do my ILR in April 2013.

Can anybody help me understand whether I will have any issues applying for ILR?

Mentioned below is my situation -
-- HSMP Entry Clearance - 21st April 2008.
-- Date of First Entry - 2nd June 2008. Went back and resigned from my current job on 12th June 2008.
-- Date of Second Entry - 20th July to start with the first new job in the UK.
-- Travelled out of UK between 21st October - 15th November 2010 for vacation. Since then never travelled out of UK.
-- March 2012 was fined by Southern Railway for less money on Oyster card. Paid the fine instantly.
-- September 2012, Partner was fined by Railway and the fine was paid instantly.
-- Gap in employment for exactly 30 days between March - April 2012.
-- Life in the UK test completed

I feel due to the complexity involving a couple of fines and gap in employment, will I still be eligible for ILR? From other posts, I understand that my "Delayed Entry" shouldn't cause a problem in the absence calculation as the gap is less than 90 days. Also the period of absence after 1st June 2008 is coming to less than 90 days.

Hence, should I be worried about this application at all OR should I be taking care of anything specifically documentation wise? I have to start booking my appointment as well now, looks like it !

Please let me know whether you would like any more information?

Many many thanks.

- Aquarian_Phoenix.