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Can you earn ILR status on multiple visas?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dpmwriter
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Can you earn ILR status on multiple visas?

Post by dpmwriter » Tue Oct 12, 2021 12:19 pm

My wife and I moved from the US to the UK in 2015 on an intra-company transfer visa through her US-based employer. We switched to my student visa in 2019-2020 and then to her skilled worker visa through a UK-based employer in 2021.

As we understand it, our time on the intra-company transfer visa does not count toward the five-year ILR requirement. But does the student visa count? Alternatively, if my wife were to change jobs (or if I were to secure a skilled worker visa and she were to become my dependent), would the time she's spent with her current employer count toward ILR? Or do you have to log all five years with the same employer on the same visa?

Any light you can shed on this topic would be greatly appreciated. Having been here for six years already we are very settled (albeit unofficially) and have no desire to return to the US if it can be helped.

Thank you!

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CR001
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Re: Can you earn ILR status on multiple visas?

Post by CR001 » Tue Oct 12, 2021 12:28 pm

As we understand it, our time on the intra-company transfer visa does not count toward the five-year ILR requirement. But does the student visa count?
Tier 4 visas do NOT count for ILR based on 5 years residence.
Alternatively, if my wife were to change jobs (or if I were to secure a skilled worker visa and she were to become my dependent), would the time she's spent with her current employer count toward ILR?
No it won't count. You need 5 years as a main Skilled Worker visa holder OR 5 years as a Skilled Worker Dependent to be able to apply for ILR. You cannot combine different categories for ILR based on 5 years residence.
Or do you have to log all five years with the same employer on the same visa?
Yes, the same visa category not necessarily the same employer. Note that Skilled Worker main visa and Skilled Worker dependent are considered two different categories for the purpose the ILR requirements as they have differing rules and requirements.
Any light you can shed on this topic would be greatly appreciated. Having been here for six years already we are very settled (albeit unofficially) and have no desire to return to the US if it can be helped.
For ILR based on 10 years long residence, provided you meet all the requirements, all visas count.
Char (CR001 not Casa)
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dpmwriter
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Joined: Tue Mar 12, 2019 9:15 pm
United States of America

Re: Can you earn ILR status on multiple visas?

Post by dpmwriter » Tue Oct 12, 2021 12:50 pm

Thank you for your very prompt and thorough reply...especially your last point about a 10-year ILR option. We were not aware of that. I'll research this, but are the other requirements essentially the same as the 5-year route? It's much more likely that we'll get to 10 years via multiple visa categories than 5 consecutive years in one category.

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CR001
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Re: Can you earn ILR status on multiple visas?

Post by CR001 » Tue Oct 12, 2021 1:21 pm

10 year ILR doesn't have employer or salary requirements but does have a more strict absence limit.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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