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Time Eligibility for ILR application
Posted: Sat Aug 11, 2018 9:55 pm
by abhi6512
Hello All,
With recent changes to visa guidelines in the year 2018 we all know the good news that now for Exceptional Talent Visa the time required to apply for ILR has been reduced from 5 years to 3 years of stay in UK .
I have a query will my stay in UK under Tier 2 ICT visa will be considered when I switch to Tier 1 Exceptional Talent Visa or I need to start from zero and complete 3 years of stay in UK before I become eligible to apply for the ILR.
Regards
Abhishek
Re: Time Eligibility for ILR application
Posted: Sat Aug 11, 2018 10:08 pm
by CR001
Your tier 2 ICT time does not count towards the 3 years. You will start again from zero. Tier 2 ICT issued after 6th April 2010 does not lead to ILR based on 5 years in any visa combination.
Immigration rules part 6a - 245BF(C)(iii)(i)
https://www.gov.uk/guidance/immigration ... sed-system
245BF.Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (Exceptional Talent) 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) DELETED
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) All of the following requirements must be met:
(i) The applicant must have spent a continuous period of:
(1) 3 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional talent”, as set out in Appendix L, or
(2) 5 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional promise”, as set out in Appendix L;
(ii) The applicant must have, or have last been granted, leave as a Tier 1 (Exceptional Talent) Migrant.
(iii) The relevant continuous period in (i) must have been spent with leave either as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant) or as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant).
ILR eligibility - Switch Tier 2 to Tier 1 Exceptional Talent
Posted: Sat Aug 11, 2018 10:20 pm
by abhi6512
Hello CR001,
Thanks for your response. It was quite nicely pointed to the eact bullet on the page.
Just to re-confirm:
Time spent on Tier 2 General migrant Visa will be rolled up to Tier 1 Exceptional Talent migrant Visa & considered to be qualified for ILR.
While the same is not applicable for Tier 2 ICT migrant. He/She has to start from 0 & complete 3 years to qualify to apply for ILR?
-Abhi
Re: Time Eligibility for ILR application
Posted: Sat Aug 11, 2018 10:22 pm
by abhi6512
OMG you are so quick CR001. Thanks for your lightening reply.
Just a minute ago I responded to one of an old post. You can pls. ignore it.
-Abhi
Re: ILR eligibility - Switch Tier 2 to Tier 1 Exceptional Talent
Posted: Sat Aug 11, 2018 10:23 pm
by CR001
No, ICT does not count as the immigration rules very clearly state. You would start from scratch with a new 3 year period for ILR if you meet all the requirements as the rules state.
ICT can ONLY be used in combination with other visas for ILR based on 10 years long residence.
ICT and tier 2 general have different rules
Re: Time Eligibility for ILR application
Posted: Sat Aug 11, 2018 10:29 pm
by CR001
abhi6512 wrote: ↑Sat Aug 11, 2018 10:22 pm
OMG you are so quick CR001. Thanks for your lightening reply.
Just a minute ago I responded to one of an old post. You can pls. ignore it.
-Abhi
Post split and Merged with your own topic.
Kindly refrain from tagging onto other members topics.
See point 12 in the link below of the forum FAQs.
announcements/read-me-getting-started-t ... 24804.html
Re: Time Eligibility for ILR application
Posted: Tue Aug 14, 2018 5:04 pm
by abhi6512
Thanks for the pointer CR001.
I read the Forum rules of the link you shared and just realised what tagging means.
That wasn't intentional. My apologies.
-Abhi