Eligibility period for ILR

[neerja]

Hi All,
I got my Tier2 stamped in April' 2010(after 6th april). i entered Uk in July 2010 and switched to Tier 1 general in June 2011.

I have following questions on my ILR eligibility period of 5 years.

1. Would my stay in UK from July 2010 to June 2011(on Tier2) count towards 5 years ILR eligibilty period?

2. Can we apply for ILR before completion of 5 years?

3. My initial stamping for Tier1 was for 2 years. How many more years of vista would I get when I apply for extension?

Thanks.

[cs95tdg]

I got my Tier2 stamped in April' 2010(after 6th april). i entered Uk in July 2010 and switched to Tier 1 general in June 2011.

I have following questions on my ILR eligibility period of 5 years.

1. Would my stay in UK from July 2010 to June 2011(on Tier2) count towards 5 years ILR eligibilty period?

2. Can we apply for ILR before completion of 5 years?

3. My initial stamping for Tier1 was for 2 years. How many more years of vista would I get when I apply for extension?

1. Yes
2. You can apply no earlier than 28 days before the 5th anniversary from either EC or "date of entry" depending on when you entered the UK. Note but you will need to have sufficient leave to cover the entire 5 year residence period.
3. The rule for this is as follows:
245CB. Period and conditions of grant
(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.
(b) in all other cases, leave to remain will be granted for a period of 3 years.

[neerja]

Thanks a lot for your reply.

I talked to my employer attorney and they mentioned that I am NOT eligible to ADD my time on Tier2 visa towards 5 years for ILR eligibility . They said this is because my Tier2 was stamped on 20th April'2010 ie after 6th april 2010 when the Tier2 holders were not eligible to apply for ILR.

Is that true? Or is my attorney lacking some information here?

[cs95tdg]

Thanks a lot for your reply.

I talked to my employer attorney and they mentioned that I am NOT eligible to ADD my time on Tier2 visa towards 5 years for ILR eligibility . They said this is because my Tier2 was stamped on 20th April'2010 ie after 6th april 2010 when the Tier2 holders were not eligible to apply for ILR.

Is that true? Or is my attorney lacking some information here?

You'll need to clarify which Tier 2 visa you held? My answer was based on the understanding that you were on a Tier 2 General visa.

However, now based on what you have just said I suspect it was "Tier 2 ICT" obtained after 06 Apr 2010? If so, then yes, you won't be able to count this towards your 5 year residency. Please read the immigration rule "245CD" which is applicable here under the following link:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/