Immigrationboards.com

Hello,

I have been on a Tier 2 (general) visa for 4 years, and I'm planning to apply for Tier 1 (Exceptional Talent) visa in a few months. I am also going to apply for the permanent leave to remain in a year and then citizenship.

Reading the Home Office pages and surfing the internet, I couldn't find a clear answer to my question.

To apply for permanent leave to remain, if I have stayed on my Tier 2 for 5 years (and haven't exceeded the 180 days out), I am eligible to apply. Separately, if I have a Tier 1 visa for 5 years I can apply. But, what would be my situation if I was on a Tier 2 General for 4 years and on a Tier 1 (Entrepreneur or Exceptional Talent) for the last remaining year?

I could find some information about moving from Tier 1 to Tier 2 and applying for leave to remain after 5 years in total, but not the other way round!

Thanks very much for your help in advance!

You cannot combine the two categories to make up 5 years as far as I am aware. You need 5 years in either. Your best bet would be to stay on Tier 2 G and then get ILR.

I could find some information about moving from Tier 1 to Tier 2 and applying for leave to remain after 5 years in total, but not the other way round!

This is only relevant to Tier 1 General, which is a closed category now.

You can combine Tier1 exceptional talent to your previous Tier2 stay towards the 5 years.

The following is from the Tier 1 exceptional talent guidance document:

84. You can also qualify if you have less than five years’ leave under Tier 1 (Exceptional Talent) but you have a continuous five years which includes leave you previously held as a:
 Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post- Study Work) Migrant); or
 Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant).