Rule clarifiction for 5 years continuous residence for ILR

[kyatezz]

I lived continuously in the UK from May 2012 until Dec 2016 ( on Tier 2 ICT) and switched to Tier 2 General Dependent visa in Jan 2017. I have since then been living continuously in the UK. My Tier 2 ICT was valid until May 2017 (though after which I would have been asked to leave the UK).

I came across this paragraph online:

"If you have switched visas during your stay, as long as you have a continuous five-year period on one visa category, you will be eligible to apply for an ILR Visa. Otherwise, you will have to spend 10 years in the UK on successive visas with no gaps in between to be eligible for the 10-year route."

Now are Tier 2 ICT and Tier 2 General dependent visas treated as separate visa categories or are they the same because they are both Tier 2?

Can I try my luck applying for ILR now itself?

Will I lose the application money even if they reject it based on the point that I was not in the UK for the full 5 years on Tier 2 ICT, but had switched?

Were there any exceptional cases when such applications might still be accepted for ILR?

Best regards
Artie

[CR001]

You don't qualify for ILR. You need 5 years as tier 2 dependent before you can apply provided you meet all the requirements. There are no exceptions.

Tier 2 ICT is one category. Tier 2 general dependent is a different category.

ICT does not count for ILR based on 5 years residence.

If you apply now it will be refused and you will lose your fees.

[kyatezz]

Thank you very much CR001, also,

Are tier 2 general dependent and tier 2 general (main) considered as different visa categories as well? i.e. say if I now choose to change my job and my new employer wants me to be on Tier 2 General (rather than a dependent). Will my 5 year clock reset again once this switch happens?

[CR001]

Yes your clock will reset again if you change to PBS main visa holder as they are under different immigration rules.

The rules are very clear. You need 5 years as a dependent (immigration rules part OR 5 years as a tier 2 general main visa holder (immigration rules part 6a).

The only time you can combine dependent and main pbs visas for ILR is for 10 years long residence ILR.

[CR001]

Kindly also note the text in my signature below about PM'ing me for advice.