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Dear All,

I would like to ask a quick question related Long term residence ILR.

I have visa issued 01.04.2011 before the cool off period changes on TIER 2 ICT INTRA COMPANY visa means can continuously work 10 years and get the ILR which is clear for me.

If I want to switch to TIER 2 GENERAL visa or move to a different job with a new "TIER 2 GENERAL Visa" would I need to wait an other 5 years to get ILR or It will count additional on my prior 7 years under the ICT visa? Do I need do back to my home country and wait 6 months cool off period to re-apply new VISA ?

I have a good job offer in different branch so would like to consider this but do not want to have any impact on my future ILR application.

Many thanks for the clarifications.

Kind Regards,
Puki

All visas (including visit visas) count towards ILR based on 10 years long residence.

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

Many thanks for prompt reply I also discovered one more thing with the explanation which I was not aware of

I had prior visa issued between 01.02.2010 and I come to UK almost everymonth and stayed more than 6 months within 14 months as Business trip based , then I applied/received the "Tier 2 Intra-Company visa on 01.04.2011".

Does it mean I can apply ILR count the starting of 10 year ILR starting from 01.02.2010 instead 01.04.2011 on the date 01.02.2020?


Many thanks letting me know.

Hi,

I would like add some more details about both visas

C - Visit - Business Issued on 01.02.2010 and first entry 07.02.2010
Tier 2 Intra-Company Issued on 04.04.2011 and first entry 11.04.2011

The whole days spent outside of UK (exluded travel dates)
2010 89
2011 60
2012 37
2013 38
2014 46
2015 46
2016 40
2017 43
2018 18
TOTAL 417

Could I apply ILR JAN 2020 with above conditions?

Many thanks

Dear All,

When I looked at the GOV.UK I see the basic detail below

Your 10-year qualifying period starts from either:
1. when you arrived in the UK with a valid visa
2. when you were given permission to stay in the UK

Continuous residence is time you’ve spent in the UK without gaps.
You can leave the UK during the continuous residence for up to 540 days.

My Visas as below:
C - Visit - Business Issued on 01.02.2010 and first entry 07.02.2010
Tier 2 Intra-Company Issued on 04.04.2011 and first entry 11.04.2011

Since 2011 my Tier 2 Intra-Company VISA Extended twice , and the last extension will be 04.2019.

The whole days spent outside of UK (the travel dates are excluded)

2010 89
2011 60
2012 37
2013 38
2014 46
2015 46
2016 40
2017 43
2018 28

TOTAL 427

Could I apply ILR in 07.02.2020 with above conditions with the start date from Business Visa?

Do I need to show any proof that I lived in UK between 2010-2011 other than VISA entry stamps?

Many thanks for the clarification

Dear All,

I looked at some information's about 10 year long term ILR and I have a concern about the following points , so hope I could get clarification for the questions.


Your 10-year qualifying period starts from either:
1. when you arrived in the UK with a valid visa
2. when you were given permission to stay in the UK

Continuous residence is time you’ve spent in the UK without gaps.
You can leave the UK during the continuous residence for up to 540 days.


My Visas details are:
C - Visit - Business approved on 01.02.2010 and first entry 07.02.2010 to UK
Tier 2 Intra-Company Long Term approved on 04.04.2011 and first entry 11.04.2011 to UK


The whole days spent outside of UK (the travel dates are excluded)

2010 - 89 (C type Visit visa first entry 07.02.2010)
2011 - 60 (C type visit visa until 04.04.2011 then Tier 2 Intra-Company Long term )
2012 - 37
2013 - 38
2014 - 46
2015 - 46
2016 - 40
2017 - 43
2018 - 48

TOTAL 447 Days

QUESTIONS:

1. Can I apply ILR on 07.02.2020 with above conditions counting the start date from C type Business Visa instead Intra-Company visa start date?

2. During the Business Visa period I was not getting any payment from the company here in UK was part of the project and stayed here with business visa so the VISA entry stamps would be enough to proof that ?

3. During the 14 months period under Business Visa 2010-2011 years that I was away from UK 150 days , and spent 270 days in UK with 12 entry to the UK. Would this cause any problem?

Many thanks for the clarification

Kind Regards,
Levent

anyone can reply my questions?

C - Visit - Business Issued on 01.02.2010 and first entry 07.02.2010
Tier 2 Intra-Company Issued on 04.04.2011 and first entry 11.04.2011

What is the date or dates you used the business visa for in 2010 and what dates did you enter and exit the UK?

Thanks for the reply , here is the details of Business Visa entry

Enter UK Exit DAYS
22.03.2011 11.04.2011 19
03.03.2011 11.03.2011 7
05.11.2010 23.11.2010 17
03.09.2010 13.09.2010 9
14.07.2010 26.07.2010 11
30.07.2010 23.08.2010 23
27.05.2010 07.06.2010 10
30.04.2010 10.05.2010 9
26.03.2010 06.04.2010 10
07.02.2010 First entry 115 TOTAL

Enter UK Exit DAYS
22.03.2011 11.04.2011 19

Not sure this is correct if you reentered the UK on 11th April 2011 with ICT visa.

Anyway, you seem ok for ILR LR as the rule stand now.

Hi CR001,

Sorry the description was in wrong order , correct one as below;

Exit UK Enter UK DAYS
22.03.2011 11.04.2011 19
03.03.2011 11.03.2011 7
05.11.2010 23.11.2010 17
03.09.2010 13.09.2010 9
14.07.2010 26.07.2010 11
30.07.2010 23.08.2010 23
27.05.2010 07.06.2010 10
30.04.2010 10.05.2010 9
26.03.2010 06.04.2010 10
07.02.2010 (first entry) 115 TOTAL

Hi CR001,

Correct 11.04.2011 is the date I entered with Tier 2 ICT visa.

Many thanks,

CR001 wrote: ↑

Tue Sep 18, 2018 3:35 pm

Enter UK Exit DAYS
22.03.2011 11.04.2011 19

Not sure this is correct if you reentered the UK on 11th April 2011 with ICT visa.

Anyway, you seem ok for ILR LR as the rule stand now.

Hi CR001,

I got answer from agency that they are saying my Business visa does not count towards ILR , do you have any document so I can refer that?

The answer :
"His Tier 2 ICT is allowed to extend unlimitedly. His Tier 2 ICT visa originally started from 04/04/11 and he can only apply for ILR via 10 year route. His C visitor business visa is not counted toward ILR."

Many thanks,

Ask them to provide you with the specific HO or immigration rule that says a Business visitor visa does NOT count.

See also below.

https://assets.publishing.service.gov.u ... -v15_0.pdf

See also Immigration Rules Part 7 - 276A

https://www.gov.uk/guidance/immigration ... categories

CR001 wrote: ↑

Fri Dec 14, 2018 3:52 pm

Ask them to provide you with the specific HO or immigration rule that says a Business visitor visa does NOT count.

See also below.

https://assets.publishing.service.gov.u ... -v15_0.pdf

See also Immigration Rules Part 7 - 276A

https://www.gov.uk/guidance/immigration ... categories

Many thanks for these links , after providing your details they agreed that I can apply as they checked the 5 years ILR rule instead 10 years one.

Dear CR001,

Thanks for your assistance as always, today agency asked my travel dates and they told me that I won't be able apply ILR after 10 years inclusive of C-Type VISA with below note:

"We should not include the period spend on C Visitor Visa as the visa allowed you to stay up to 180 day a year but it seems like you had spent more than that"

C - Visit - Business Issued on 01.02.2010 and first entry 07.02.2010
Tier 2 Intra-Company Issued on 04.04.2011 and first entry 11.04.2011

During the C Visa period between 07.02.2018 - 11.04.2011 in total 427 days that I was in UK 278 days and away from UK 149 days , which I was not aware of the rule until today as I thought total duration 180 days in one time only.

The whole days spent outside of UK is currently 498 days.

Do you think I can still apply even I stay more than expected or should I need 2 more years to make an application?


Many thanks in advance

Regards,
Puki

Any absence in the 10 years of 180 days or more means you don't qualify for ILR based on long residence.

I am unable to understand from your post how long you stayed in the UK on your visitor visa. It isnt clear the way you have explained.


List the visit vis start and end dates and your date of entry and departure.

Then list your tier 2 visa start and end dates and the date of entry to the UK.

Thanks for your reply , I think a misunderstanding there.

What they actually say I should not have stay in UK more than 180 days within C type VISA period (2010-2011) but stayed here 278 days within 420 days after that I got the Tier 2 Intra-Company visa and I would like to apply the ILR based on start date of C type visa instead Tier 2 visa as its 14 months after I came to UK.

I never been away from UK more than 30 days anytime during the 10 years period so the 180 days rule is not the problem for me.

Would that cause any issue for my ILR application as I was in UK more than expected during Business type - C visit visa?

Please find details below.

"Departed UK "Arrived UK" Full days absent
ENTRY WITH TIER2 INTRA-COMPANY VISA
23-12-2018 01-01-2019 8
06-10-2018 10-10-2018 3
31-08-2018 16-09-2018 15
22-06-2018 01-07-2018 8
03-05-2018 09-05-2018 5
21-12-2017 01-01-2018 10
22-09-2017 02-10-2017 9
12-07-2017 23-07-2017 10
23-06-2017 27-06-2017 3
29-04-2017 03-05-2017 3
13-04-2017 23-04-2017 9
23-12-2016 02-01-2017 9
23-09-2016 02-10-2016 8
13-07-2016 24-07-2016 10
21-05-2016 30-05-2016 8
22-04-2016 01-05-2016 8
23-03-2016 29-03-2016 5
20-02-2016 28-02-2016 7
24-12-2015 28-12-2015 3
14-11-2015 17-11-2015 2
16-07-2015 03-08-2015 15
22-05-2015 25-05-2015 2
27-03-2015 07-04-2015 10
23-12-2014 04-01-2015 11
20-11-2014 24-11-2014 3
04-10-2014 12-10-2014 7
22-08-2014 25-08-2014 2
14-06-2014 22-06-2014 7
22-05-2014 26-05-2014 3
02-05-2014 11-05-2014 8
16-04-2014 22-04-2014 5
31-01-2014 02-02-2014 1
21-12-2013 29-12-2013 7
31-10-2013 03-11-2013 2
03-10-2013 06-10-2013 2
23-08-2013 02-09-2013 9
12-07-2013 14-07-2013 1
20-06-2013 08-07-2013 17
05-04-2013 07-04-2013 1
22-03-2013 01-04-2013 9
22-02-2013 25-02-2013 2
09-02-2013 11-02-2013 1
17-11-2012 19-11-2012 1
31-08-2012 03-09-2012 2
23-08-2012 27-08-2012 3
10-08-2012 13-08-2012 2
20-07-2012 22-07-2012 1
28-06-2012 15-07-2012 15
08-06-2012 10-06-2012 1
31-05-2012 05-06-2012 4
04-04-2012 16-04-2012 11
22-12-2011 09-01-2012 16
25-11-2011 27-11-2011 1
04-11-2011 08-11-2011 3
23-09-2011 25-09-2011 1
26-08-2011 05-09-2011 9
21-07-2011 24-07-2011 2
01-07-2011 19-07-2011 17
28-04-2011 02-05-2011 3

ENTRY WITH C TYPE VISIT VISA
22-03-2011 11-04-2011 19 - Return to UK with Tier 2 Visa
03-02-2011 11-03-2011 35
15-12-2010 20-12-2010 4
03-11-2010 23-11-2010 19
03-09-2010 13-09-2010 9
14-07-2010 26-07-2010 11
30-07-2010 23-08-2010 23
27-05-2010 07-06-2010 10
30-04-2010 10-05-2010 9
26-03-2010 06-04-2010 10[/color]

TOTAL 509

What was the visa start and visa expiry date for your visit visa?

Start date : 01.02.2010
Expire date : 01.02.2012
Duration on stay : 180 (on visa page)
Type of Visa : C

First entry with visit visa 07.02.2010

CR001 wrote: ↑

Mon Feb 18, 2019 7:18 pm

What was the visa start and visa expiry date for your visit visa?

Start date : 01.02.2010
Expire date : 01.02.2012
Duration on stay : 180 (on visa page)
Type of Visa : C

First entry with visit visa 07.02.2010

Dear All,

I have question regarding of the ILR application that I hope someone can answer my question.

In total I have 511 days travel absence in two type of VISA last 9 year 2 months , and my 10th year in JAN 2020 so within the limit still I guess.

Would the Home office may consider that I was in breach of my conditions during that visitor visa time , by residing in the UK for longer than would have been expected as the VISA allowed to stay 180 days based on the below information ?

Should I apply 10 year ILR under Tier 2 - ICT visa alone and wait 2 more years ?

If I apply for the ILR in 2020 JAN how likely the application would be rejected , would this cause any problem for next ILR application in 2021 ?

C TYPE VISIT VISA
Start date : 01.02.2010
Expire date : 01.02.2012
Duration on stay : 180 (on visa page)
First entry with visit visa 07.02.2010
Days Outside of UK : 149 days
Days In the UK : 270 days


ENTRY WITH C TYPE VISIT VISA
Departed UK Arrived UK Full days absent
22/03/2011 11/04/2011 19 Return to UK with Tier 2 Visa
03/02/2011 11/03/2011 35
15/12/2010 20/12/2010 4
03/11/2010 23/11/2010 19
03/09/2010 13/09/2010 9
14/07/2010 26/07/2010 11
30/07/2010 23/08/2010 23
27/05/2010 07/06/2010 10
30/04/2010 10/05/2010 9
26/03/2010 06/04/2010 10
07/02/2010 FIRST ENTRY TO UK
TOTAL ABSENCE DAYS 149 DAYS


TIER 2 INTRA COMPANY PERIOD DETAILS:
Start date : 04.04.2011
Last expire date : 16.05.2019 - will renew 2 more year in April.
First entry : 11.04.2011

Year Full Day Absents
2019 10
2018 41
2017 43
2016 46
2015 43
2014 36
2013 51
2012 56
2011 36
TOTAL ABSENCE DAYS : 360 DAYS

GRAND TOTAL FOR BOTH VISAS : 511 DAYS

Hi everyone,

Could someone give me advice regarding this question?

Thanks in advance