Immigrationboards.com

Please we need your help here!

I have a friend who came to the UK as a post graduate student in September 2005 to Scotland...He later applied for Fresh Talents program, which he used to work until in 2008 then switch to Tier 1 (Gen).

This is the summary of the time line:

1. Post graduate Student - September 2005 to November 2006

2. Fresh Talent Program - Nov 2006 - September 2008

3. Tier 1 (Gen) Program + Extension - Sept 2008 - Till date

When is he qualify for ILR?

Your suggestions please...

Count 5 years from Sept 2008.

sunmoon wrote:

Count 5 years from Sept 2008.

Many thanks for you prompt response but are you saying post graduate and Fresh talent does not count toward ILR?

iyanu wrote:sunmoon wrote:

Count 5 years from Sept 2008.

Many thanks for you prompt response but are you saying post graduate and Fresh talent does not count toward ILR?

It will count only if you want to apply on the basis of long residence, but I guess you might be qualified for ILR on the basis of T-1(General) before that.

See also the relevent paragraphs of the immigration rules. As others have said, time as a student and on the Fresh Talent Programme doesn't count towards the 5 years for ILR in the Tier 1 General category, but does count towards 10 years lawful residence if the applicant were to apply under the 10 years lawful residence rules.

245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant 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 1 (General) Migrant, in any combination of the following categories:(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator,

(v) as a Self-Employed Lawyer,

(vi) as a Writer, Composer or Artist,

(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or

(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010

Thank you guys, I am totally convinced now!