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Eligibility for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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sajith
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Eligibility for ILR

Post by sajith » Thu Jan 14, 2016 1:16 pm

Hi,
I entered to UK on Oct 2010 through Tier 2 ICT and I am still with the same visa.
Please let me know if these years will be counted when I change my visa to Tier2 general and in turn I be eligible for ILR.

Please advise on this.

Thanks
Sajith

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CR001
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Re: Eligibility for ILR

Post by CR001 » Thu Jan 14, 2016 1:19 pm

If you visa was issued after the 6th April 2010, then it will not count. You will need to wait 5 years on Tier 2 General to qualify for ILR or once you reach 10 years long residence from date you first entered the UK, you can apply through that route as well.
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sajith
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Re: Eligibility for ILR

Post by sajith » Thu Jan 14, 2016 1:23 pm

Thanks for the quick response. I have another query.
I have my kids and please let me know if I can apply for 7 year child concession visa after reaching 7 continuous years stay in UK with my kids.

Thanks
Sajith

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CR001
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Re: Eligibility for ILR

Post by CR001 » Thu Jan 14, 2016 1:31 pm

It is a very difficult route and is not ILR immediately, it is another 5 or 10 route to ILR.
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sajith
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Re: Eligibility for ILR

Post by sajith » Thu Jan 14, 2016 1:34 pm

Hi,
Thanks for the reply.
Can you please confirm/clarify the chances of getting eligible for 7 year concession route.

Thanks
Sajith

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CR001
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Re: Eligibility for ILR

Post by CR001 » Thu Jan 14, 2016 1:48 pm

Slim. You would have to have and show exceptional reasons as to why your children cannot continue to live in their country of nationality. It is not an easy route and can take a long time to get a decision with no guarantee of success.

HO has massively clamped down on this route and scrutinise these applications intensely, particularly for children born abroad.

How old are your children or child?
Char (CR001 not Casa)
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sajith
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Re: Eligibility for ILR

Post by sajith » Thu Jan 14, 2016 1:52 pm

HI,
I have 2 kids, 5 yrs and 9 yrs and they are with me for the past 5 years.
Please let me know during the processing time how can I continue here in UK.


Thanks
Sajith

sajith
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Re: Eligibility for ILR

Post by sajith » Thu Jan 14, 2016 3:07 pm

Please let me know on my query...

Thanks
Sajith

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Casa
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Re: Eligibility for ILR

Post by Casa » Thu Jan 14, 2016 3:28 pm

sajith wrote:HI,
I have 2 kids, 5 yrs and 9 yrs and they are with me for the past 5 years.
Please let me know during the processing time how can I continue here in UK.


Thanks
Sajith
If your children have only been in the UK for 5 years, then you are obviously 2 years way from submitting a 7 year application. To be honest, this route may have been removed from the Immigration Rules by then. Why are you reluctant to take the shorter (and more secure route) to settlement by applying after 10 years of residence in 4 years time?
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Re: Eligibility for ILR

Post by noajthan » Thu Jan 14, 2016 3:34 pm

The general approach to continuous and long lawful residence is that adults will qualify for settlement after ten years continuous lawful residence in temporary categories: paragraph 276B. This rule also applies to children in their own right. Since July 2012, adults need to reside for 20 years to achieve settlement if any or all of the residence is unlawful.
Ref: https://www.freemovement.org.uk/can-chi ... residence/
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sajith
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Re: Eligibility for ILR

Post by sajith » Thu Jan 14, 2016 3:44 pm

Hi
Thanks for the update. The reason for me interested to know on 7 years route is as I am in ICT tier2, in case if I have my visa extended only for 7 years.


Thanks
Sajith

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Casa
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Re: Eligibility for ILR

Post by Casa » Thu Jan 14, 2016 4:04 pm

CR001 wrote:If you visa was issued after the 6th April 2010, then it will not count. You will need to wait 5 years on Tier 2 General to qualify for ILR or once you reach 10 years long residence from date you first entered the UK, you can apply through that route as well.
Have you read the above post from CR001 carefully? If you arrived in 2010 you only have a further 4 years before you will qualify under 10 years long residence in 2020. :?
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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