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ILR with 5 years Tier 2 but 1 year Tier 1 GE in middle
Posted: Sun May 21, 2017 3:28 pm
by cmaclaug
Assuming 6 years total permanent residency without student visa component. Had a Tier 2 for 7 months. Then since I was still within 12 month window as a recent grad started my own company and secured requirements to get Tier 1 graduate entrepreneurship visa. Had this for 1 year before ultimately leaving my company and securing employment again under Tier 2. Technically the Tier 1 GE does not count towards residency, however if I was permanently in U.K. for this whole period can I count that first 7 months (excluding Tier 1) or would the clock start all over again once I secured my second Tier 2 sponsorship. Any professional legal opinions highly appreciated.
Re: ILR with 5 years Tier 2 but 1 year Tier 1 GE in middle
Posted: Sun May 21, 2017 3:44 pm
by CR001
Re: ILR with 5 years Tier 2 but 1 year Tier 1 GE in middle
Posted: Thu May 25, 2017 8:46 am
by cmaclaug
Cheers but I reviewed that response and its not quite that clear. Yes Tier 1 normally can be rolled in....
(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
However I was on a Tier 1 GE which it seems cannot be rolled in. However my question is not whether the time on the Tier 1 GE can be rolled in but if the time before that on Tier 2 can as this is all still continous residency just a period in the middle is on a category that doesn't count to my 5 year accrual period. I am going to have to speak with an immigration consultant regardless I think but this 'gap' analysis is what I was hoping to get a steer on.
Re: ILR with 5 years Tier 2 but 1 year Tier 1 GE in middle
Posted: Thu May 25, 2017 12:32 pm
by zimba
It is 5 year continuous residence. Your continuous period under Tier 2 starts from the date you switched back to Tier 2 as the Tier 1GE period broke the 5 year continuity, as such period is not accepted for ILR under Tier 2.