Qualify for Indefinite Leave to Remain

[Tiermanjo]

I am in the uk under Tier 2 for the last 2.5 years and is planning to switch to Tier 1 Entrepreneur category. In this case, can I apply for Indefinite Leave to remain after 2.5 years in Tier 1 Entrepreneur category, which would make the make the total period of stay as 5 years.

[vinny]

No.

(c) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.

[sindhoo]

Guys so the time you have spent in Tier 2 will be wasted and will not be counted towards your settlement in 5 years .

This is cruel not counting your time which you have spent in Tier 2 General . I didn't find anywhere that if you were on Tier 2 will be counted unless some one please elaborate on this . In policy guide it says you have to score 75 points for ILR this is a joke.

[mrubin]

Hi guys,

I was reading the caseworker guidance for Tier 1 Entrepreneur - pages 98-99 - https://www.gov.uk/government/uploads/s ... reneur.pdf

There are 2 sections in the table that details the requirements for scoring 35 points for being continuously present in the UK, the first talks about "The specified continuous period" and details the requirements for ILR after 3 years only, but the second section says:

"The applicant has spent a continuous period of five years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (Entrepreneur) migrant."

Could it mean that you don't have to spend all 5 years in T1 Entrepreneur, but only your latest visa should be in that category? So maybe if you spend 2.5 years in T2 and then 2.5 years in T1E, you could still be eligible for ILR?

[sindhoo]

Yeah I think so your time spent in Tier 2 will be counted hopefully . I think so the best thing will be to ask HO. and see what they says.

[Darvesh]

in my view....ILR only be given on the base of 5y if spent on one category(Tier1,Tier2 etc). time spent on more than 1 category will count towards long residency (10y)

[samaygrg]

I agree with Darvesh. I don't think one can mix match and apply for ILR with 5 yrs continuous rules basis, it got to be under 1 category/scheme. Yeah, of course, we find a lot of guidance notes are confusing and misleading.

Anyways, we suggest to ask with HO or any immigration solicitor if there is any chance, as we are not the expert.

Cheers