Immigration, work visa and work permit discussion board
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I thought my current VISA and immigration history is not relevant in a very specific question that I have put forth. However, I'll put it out here for you.CR001 wrote:Honestly, how do you expect any member on an anonymous forum to offer any substantial advice based on the incredibly limited information you have supplied.
What is your current visa status and your full UK immigration history?
Of course it is relevant. How else can anyone know anything about you as you have no history of posting on the forum.I thought my current VISA and immigration history is not relevant in a very specific question that I have put forth. However, I'll put it out here for you.
Your post is not clear if you are asking about 5 years towards ILR or 10 years long residence ILR.I am on a Tier 2 (General). My immigration history is not so straightforward. 2009-2013 , I was on "visa to acc parents". I assume my dad had a Tier 1 then.
Do you mean your parents left the UK in 2010 and you stayed in the UK? It would be really important to find out exactly what visa it is your parents/father held. What was your immigration status from 2010 to 2013 before you got a student visa?They did leave in 2010 until I continued university till 2012. Then, 2013 to 2014, I was on Tier 4. Which adds up to the fact that I am now on Tier 2 (General) from 2015 to 2018.
You need 5 years on Tier 2 General to qualify for ILR. You cannot combine different visa categories to make up 5 years for ILR. Combination of different visas can only be used for ILR based on 10 years long residence, provided you meet the requirements of each visa you have held.1. I am looking for the 5 year ILR route.
Your status was directly dependent on your father being in the UK as your sponsor. This is likely a complication in your immigration history, regardless of how long your visa was valid for.2. Yes, my dad left in 2010 and I stayed on it. I was studying for my bachelors then. [1].
There are many visa categories that carry the same 'visa to acc parents' notation, it is not unique to Tier 1.3. My father's visa was definitely a Tier 1, hence me having got a "Visa to acc parents".
See Immigration Rules 245HF - Requirements for ILR as a Tier 2 General migrant (click), extract below too.245AAA.General requirements for indefinite leave to remain
For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:
(a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
3. You cannot combine time as a dependent to, before your student visa, to that of Tier 2 General. Student visas also do not count for ILR based on 5 years residence.245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant
To qualify for indefinite leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant, an applicant 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) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) 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 (General) Migrant or Tier 2 (Sportsperson) Migrant, in any combination of the following categories:
(i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
(ii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
One of the requirements for ILR (Long residence) is that the total absence from the UK must not exceed 540 whole days. So, keep a close eye on that.mrgeek wrote:the top of my head but its never > 180 days in 12 month period or 450 days in total.
And hoping HO won't view your time in the UK as a dependent on a work permit holder when said parent was not resident in the UK for 3 years of that time on the said work permit, as non legal residence.mrgeek wrote:I have lived in the UK legally so far and will continue to do so.
Please see this link: https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa.You need 5 years on Tier 2 General to qualify for ILR. You cannot combine different visa categories to make up 5 years for ILR. Combination of different visas can only be used for ILR based on 10 years long residence, provided you meet the requirements of each visa you have held.
Yes any of the listed visas as a MAIN visa holder, NOT a 'visa to accompany parents' which is a dependent visa. You can combine certain other PBS route visas but not dependent visas to make up 5 years.mrgeek wrote:Please see this link: https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa.You need 5 years on Tier 2 General to qualify for ILR. You cannot combine different visa categories to make up 5 years for ILR. Combination of different visas can only be used for ILR based on 10 years long residence, provided you meet the requirements of each visa you have held.
It says otherwise. It seems that I indeed can combine different visa categories for the 5 year ILR too.