Indefinite Leave Remain Application time after Switch

[asiel]

Hi All,

At 2018 Sept. I came in the UK with my family. Our visa ECAA. me main applicant my wife and my daughter mine are dependent.

February 2020 we had applied a new visa, for my wife name and it is again same type visa (ECAA). the my wife became the main applicant me and my daughter became dependent.
But between September 25, 2018, and May 15, 2020, we spent more than 19 months in the UK.

When I read the ECAA ILR Guidance, I see a statement like the following in the Qualifying criteria section.

https://assets.publishing.service.gov.u ... 3.0ext.pdf Page 14

Qualifying criteria

* have resided in the UK for a continuous period of 5 years under either the Turkish ECAA business person category, the Tier 1 (Entrepreneur) category or a combination thereof

The question I want to ask you is; Is my 19-month period included in my and my wife's ILR? So am I eligible to apply for ILR on September 2023? Or is my ILR period starting after May 2020?

In short, we never quit the Turkish Business Person Visa Category.

[CR001]

Both your ILR clocks reset to zero when your wife became the main applicant and you became the dependent.

Page 19 of the link you posted details you need 5 years as the main ECAA visa holder to qualify for ILR and the dependent needs 5 years as the dependent ECAA for ILR.

[asiel]

Hi Thanks for your answer,

I couldn't find any sentences in Guidance relate to my situation, maybe escape in my eyes. Could you please share with me you mentioned rule on page 19?

I just want to say somethings to clarify;

September 2018 -May 2020 = My visa is ECAA self-employed
September 2018 -May 2020 = My wife's ECAA dependant work permit.

After May 2020

My visa is ECAA dependant work permit.
My wife's visa ECAA self-employed

We had never worked without visas.

Thanks.

[zimba]

This is a matter of interpretation of the rules which has confused you. The ECAA worker is the main applicant and can only get ILR if he/she has 5 years of residence as an ECAA worker. Dependants simply follow the main ECAA worker until the main applicant qualifies for ILR.

Your wife is the main ECAA worker now and needs 5 years for ILR from the start of her ECAA worker visa. That is in May 2025. You as her dependant will follow her until she is eligible for ILR. You both therefore will be eligible for ILR in 2025 under ECCA rules.

The act of switching between dependants and main categories means that neither of you are able to claim the residence time spent between 2018 and 2020 towards your ILR. This is because the rules do NOT allow time spent as a dependant ECCA worker to be included in the 5 years qualifying period as the main ECAA applicant. In the guide this clear under the The qualifying period section.

[asiel]

The issue I don't understand is this; In the list below, it is written that those who have "Work Permit" are entitled to ILR. So now, for the past two years, my wife has owned a "Work Permit". Isn't it clear we have one of these combinations? that is, he is not talking about anything like you interpreted here. What is the point of the "work permit" right in my hand? One of the items below says work permit. According to what is written here, my wife has lived here with a work permit for two years, isn't it enough for ILR to complete the rest with ECAA Business Person? So what is the difference between ECAA dependent and Work Permit? Or what does the work permit mentioned in this guidance mean?

An applicant may only qualify under the ILR route for ECAA workers if they have spent a continuous period of 5 years in the UK, of which the most recent period of leave must be as a Turkish worker and the rest made up of a combination of leave as either :
• a Turkish ECAA worker
• a Tier 2 (General) migrant
Page 19 of 62 Published for Home Office staff on 31 December 2020

• a Tier 2 (Minister of Religion) migrant
• a Tier 2 (Sportsperson) migrant
• a work permit holder
This means that the applicant must have been resident in the UK, with valid leave in one of the above categories, for an unbroken period of 5 years.

am i loooking the wrong place? page 19

[zimba]

You are making your own interpretation of the rules. The 'work permit' was an old visa route until it was replaced by the point-based system in 2008. Many held visas under that route for several years after 2008. It does not exist now.
https://web.archive.org/web/20100106120 ... mitholders

This has nothing to do with ECAA workers rules