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Hi

I was planning to go through the 5year settlement route but due to the current uncertain immigration climate on Tier 1(General) at the moment, I am re-thinking the route I should take.

The following is my visa history:
(Entry Clearance) 28 Aug 2003 to 31 Mar 2007 Student Visa;
29 Jan 2007 to 25 Jan 2008 SEGS;
1month and 10days gap before I apply my next Visa IGS Dependant;
(Entry Clearance) 15 Mar 2008 to 15 Mar 2009 IGS Dependant;
(Entry Clearance) 20 Dec 2008 to 20 Dec 2011 Tier1(General initial 3yrs);

My Questions are as follow:
1, If I want to use 10 years legal stay in UK to have settlement, when can I apply under this rule(end of Sep 2013?)?
2, If IGS Dependant can count as 5years settlement, and I apply my Tier1 (General) extension after 16th March 2011 which should extend till at least 15th March 2013. am I then eligible to apply for settlement in Mar 2013?
3, Can SEGS count for 5yrs settlement?
3, If IGS dependant can not be used for 5yrs settlement, does this mean I have to wait till Dec 2011 to extend my further 2 yrs in order to use 5yrs settlement.

Sorry I have listed too many questions in this post, I am really appreciate if someone can help.

Thanks very much,
Thomas

You'll qualify for settlement under either category (economic route or long residence) not before 2013.

Change to dependant status resets the ILR clock when applying for settlement under the economic route (PBS / HSMP). Legal stay in the UK under any immigration category can be used to apply for settlement under Long residence (276A-276D).

When you may qualify for settlement will depend on the date of entry into the UK, and not on visa effective dates.

regards

Thank you very much for your reply.

But referring to the rules of 276A(a)(i), my continuous residence was broken during Jan2008. And it looks like economic route is the only way.

You mentioned "Change to dependant status resets the ILR clock when applying for settlement under the economic route". Is that saying dependant visa is not one of these categories which can be recognised if I am taking 5-year settlement.

Have you got more info about what kinds of category are valid for economic route, except Tier 1? How about IGS or PSW?

Ta.

searchstarno1 wrote:You mentioned "Change to dependant status resets the ILR clock when applying for settlement under the economic route". Is that saying dependant visa is not one of these categories which can be recognised if I am taking 5-year settlement.

Yes, and any stay in the UK (which could be included to fulfil residential requirements for settlement) before changing to dependant visa becomes void (for the purpose of settlement under economic route).


regards

Good, things are getting clear.

If that's the case, because I started employment since 2007, my 5y settlement should only be able to count from March 2008 when the dependent visa start ?

Thanks a lot.

sushdmehta wrote:

searchstarno1 wrote:You mentioned "Change to dependant status resets the ILR clock when applying for settlement under the economic route". Is that saying dependant visa is not one of these categories which can be recognised if I am taking 5-year settlement.

Yes, and any stay in the UK (which could be included to fulfil residential requirements for settlement) before changing to dependant visa becomes void (for the purpose of settlement under economic route).


regards

Since time spent in UK as dependant doesn't count when applying for settlement under economic route, your ILR clock (re)started on the day you entered UK as Tier 1 (General) migrant in/after December 2008.


regards

No! There is no way I can apply for settlement earlier than full of Tier 1 running out.

If my girlfriend is on :
(Entry Clearance) 15 Mar 2008 to 15 Mar 2009 IGS(International Graduate Scheme);
(Leave to Remain) 30 Mar 2009 to 30 Mar 2012 Tier1(General initial 3yrs);

And she started employment in 2008. It is most likely she's able to apply for 5y settlement earlier than I am ?

Thank you !

30-Mar-2014 or later.


regards

Looks like I have no choice but wait.
Anyway, thanks a lot for your help.