T2ICT to T2G to Long Residence ILR

[suvendu_mandal]

Hi There, Request your expert advice considering my situation stated below.

Myself

• Initial T2ICT (Employee sponsored) UK Visa Start Date# 29-Jan-2011. The visa was valid till 28-Jan-2013.

• Went back to my home country on June-2011 and lived there for more than 6 months.

• Second entry on the same UK visa on 27-May-2012. After that living here in the UK continuously.

• At present another employer is ready to sponsor me and will apply to switch my visa from T2ICT to T2G visa for next 3 years.

As per the 10 years long residence rule I will be eligible for ILR on 27-May-2022. But as per the below document I can apply for ILR, 28 days before or less. So, it means I can apply for ILR between 29-April-2022 to 27-May-2022 .


1. Am I correct with the above-mentioned dates for ILR?
2. What should be the Start Date of the T2G visa (considering 3 years) to meet the ILR requirement? After 29-April-2019?
2. Is there any other document which will support or refute the above dates towards my ILR?

Link - Refer Page 13
https://assets.publishing.service.gov.u ... -v15_0.pdf

Spouse

• My wife joined me on 19-Aug-2012 in the UK on a dependent visa aligned to my T2ICT visa and she is continuously living with me in the UK.

• At the time of switching my visa from T2ICT to T2G, the new employer said that they will extend/apply my wife's visa also.

My wife will NOT complete 10 years long residence on 27-May-2022.

1. If I am able to get the ILR on May-2022 then how do I apply ILR for my wife?
2. Even if get an ILR on May-2022, do I need to apply for a dependent visa for my wife?
3. Is there any document which will support or guide towards my wife's visa/ ILR?

Child

• My child born here in the UK on 21-July-2015 and currently on dependent visa aligned to my T2ICT visa.

• At the time of switching my visa from T2ICT to T2G, the new employer said that they will extend/apply my child's visa also.

1. If I am able to get the ILR on May-2022 then how do I apply ILR for my child?
2. Even if get an ILR on May-2022, do I need to apply for a dependent visa for my child?
3. Is there any document which will support or guide towards my child's visa/ ILR?

Thanks in advance.

Regards,
SM

[suvendu_mandal]

Hello Experts,

Can you please help on my queries?

Thanks,
SM

[CR001]

You have asked a lot of questions across different aspects in one topic, this often puts members off responding.

Myself

• Initial T2ICT (Employee sponsored) UK Visa Start Date# 29-Jan-2011. The visa was valid till 28-Jan-2013.

• Went back to my home country on June-2011 and lived there for more than 6 months.

• Second entry on the same UK visa on 27-May-2012. After that living here in the UK continuously.

• At present another employer is ready to sponsor me and will apply to switch my visa from T2ICT to T2G visa for next 3 years.

As per the 10 years long residence rule I will be eligible for ILR on 27-May-2022. But as per the below document I can apply for ILR, 28 days before or less. So, it means I can apply for ILR between 29-April-2022 to 27-May-2022 .


1. Am I correct with the above-mentioned dates for ILR?
2. What should be the Start Date of the T2G visa (considering 3 years) to meet the ILR requirement? After 29-April-2019?
2. Is there any other document which will support or refute the above dates towards my ILR?

Link - Refer Page 13
https://assets.publishing.service.gov.u ... -v15_0.pdf

1. You can apply for ILR based on long residence no sooner than within 28 days before reaching the 10th anniversary of the date you entered the UK. The guidance is clear on this.
2. The start date of your Tier 2 will be in line with the CoS and the date the visa is approved.
2. What do you mean??

Spouse

• My wife joined me on 19-Aug-2012 in the UK on a dependent visa aligned to my T2ICT visa and she is continuously living with me in the UK.

• At the time of switching my visa from T2ICT to T2G, the new employer said that they will extend/apply my wife's visa also.

My wife will NOT complete 10 years long residence on 27-May-2022.

1. If I am able to get the ILR on May-2022 then how do I apply ILR for my wife?
2. Even if get an ILR on May-2022, do I need to apply for a dependent visa for my wife?
3. Is there any document which will support or guide towards my wife's visa/ ILR?

1. She will only qualify within 28 days before the 10th anniversary of her date of entry to the UK. If her visa expires before this, she will have to apply for a spouse settlement visa valid for 2.5 years and meet the English and Financial requirements.
2. Depends how long her Tier 2 Dependent visa is valid for and if she has plans to travel out of the UK.
3. Again, what do you mean??

Child

• My child born here in the UK on 21-July-2015 and currently on dependent visa aligned to my T2ICT visa.

• At the time of switching my visa from T2ICT to T2G, the new employer said that they will extend/apply my child's visa also.

1. If I am able to get the ILR on May-2022 then how do I apply ILR for my child?
2. Even if get an ILR on May-2022, do I need to apply for a dependent visa for my child?
3. Is there any document which will support or guide towards my child's visa/ ILR?

1. Your child can register as British once EITHER parent is granted ILR.

[suvendu_mandal]

You have asked a lot of questions across different aspects in one topic, this often puts members off responding.

Myself

• Initial T2ICT (Employee sponsored) UK Visa Start Date# 29-Jan-2011. The visa was valid till 28-Jan-2013.

• Went back to my home country on June-2011 and lived there for more than 6 months.

• Second entry on the same UK visa on 27-May-2012. After that living here in the UK continuously.

• At present another employer is ready to sponsor me and will apply to switch my visa from T2ICT to T2G visa for next 3 years.

As per the 10 years long residence rule I will be eligible for ILR on 27-May-2022. But as per the below document I can apply for ILR, 28 days before or less. So, it means I can apply for ILR between 29-April-2022 to 27-May-2022 .


1. Am I correct with the above-mentioned dates for ILR?
2. What should be the Start Date of the T2G visa (considering 3 years) to meet the ILR requirement? After 29-April-2019?
2. Is there any other document which will support or refute the above dates towards my ILR?

Link - Refer Page 13
https://assets.publishing.service.gov.u ... -v15_0.pdf

1. You can apply for ILR based on long residence no sooner than within 28 days before reaching the 10th anniversary of the date you entered the UK. The guidance is clear on this.
2. The start date of your Tier 2 will be in line with the CoS and the date the visa is approved.
2. What do you mean??

Many Thanks and apologies for lot of queries. I just wanted to provide a full picture of my situation.


I did some further calculation and requesting to validate my understanding.
Arrival Date # 27-May-2012
ILR Eligible Date # 27-May-2022
ILR Eligible Date (28 days rule) # 29-Apr-2022
Query 1 # If I apply ILR on 02-May-2022, will that be a successful application provided I met other requirements?

2. The start date of your Tier 2 will be in line with the CoS and the date the visa is approved.
Query 2# Do I need to have the valid CoS at the day/time (02-May-2022) of applying ILR? Or Valid visa is required? CoS generally ends before the visa.

Query 3# Can I apply ILR of my child along with myself on 02-May-2022?

Thanks,
SM

[CR001]

I did some further calculation and requesting to validate my understanding.
Arrival Date # 27-May-2012
ILR Eligible Date # 27-May-2022
ILR Eligible Date (28 days rule) # 29-Apr-2022
Query 1 # If I apply ILR on 02-May-2022, will that be a successful application provided I met other requirements?

No one can tell you if you will be successful or not or what the rules will be in 2022. The advice I have given is based on the rules as they stand now.

2. The start date of your Tier 2 will be in line with the CoS and the date the visa is approved.
Query 2# Do I need to have the valid CoS at the day/time (02-May-2022) of applying ILR? Or Valid visa is required? CoS generally ends before the visa.

You need a valid VISA and meet the requirements of your visa and all visas held, i.e not be in breach of your visa conditions.

Query 3# Can I apply ILR of my child along with myself on 02-May-2022?

Long residence does NOT permit dependents to apply with you. If you don't wish to register the child as British (does not require ILR to register as British by the way), then the child can apply AFTER you and potentially after your wife has ILR on form Set(F).

[suvendu_mandal]

I did some further calculation and requesting to validate my understanding.
Arrival Date # 27-May-2012
ILR Eligible Date # 27-May-2022
ILR Eligible Date (28 days rule) # 29-Apr-2022
Query 1 # If I apply ILR on 02-May-2022, will that be a successful application provided I met other requirements?

No one can tell you if you will be successful or not or what the rules will be in 2022. The advice I have given is based on the rules as they stand now.

Related to Query 1 # Maybe I had asked a wrong question. But can you please tell me the dates I have calculated are fine or not as per the current rule? I am not sure whether arrival date, 28th day should be inclusive or exclusive in the days calculation.

2. The start date of your Tier 2 will be in line with the CoS and the date the visa is approved.
Query 2# Do I need to have the valid CoS at the day/time (02-May-2022) of applying ILR? Or Valid visa is required? CoS generally ends before the visa.

You need a valid VISA and meet the requirements of your visa and all visas held, i.e not be in breach of your visa conditions.

Query 3# Can I apply ILR of my child along with myself on 02-May-2022?

Long residence does NOT permit dependents to apply with you. If you don't wish to register the child as British (does not require ILR to register as British by the way), then the child can apply AFTER you and potentially after your wife has ILR on form Set(F).

Related to Query 3 # In that case do I need to apply for a dependent visa for my child and apply for register him as British? Becuase when I will apply for ILR, probably my wife's and child's visa will end within few days. For my wife earlier mentioned that I need to go for Spouse dependent visa. But I am not clear on my child's visa now.

Thanks,
SM