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New entry clearance versus residential requirement

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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broccoli
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Posts: 41
Joined: Thu Mar 10, 2011 10:02 pm

New entry clearance versus residential requirement

Post by broccoli » Wed Aug 22, 2012 11:16 pm

Hello folks,

I was wondering about the following: if a person was on an ICT long term migrant visa, then traveled back to home country and applied for an entry clearance as T2G, while the older visa was still active: would the time spent under the first visa count towards the qualifying residential period for ILR? Please note that this question is applicable to cases predating the cooling off period related amendments.

Thank you

broccoli
Newbie
Posts: 41
Joined: Thu Mar 10, 2011 10:02 pm

Post by broccoli » Tue Aug 28, 2012 12:08 am

any insight please?

quantum1
Member of Standing
Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Tue Aug 28, 2012 12:14 am

It depends on how long that person has been out of the UK

broccoli
Newbie
Posts: 41
Joined: Thu Mar 10, 2011 10:02 pm

Post by broccoli » Tue Aug 28, 2012 12:39 am

If it's within limits, it would count? even if it was an ICT post-April 6 2011? because the latter didn't have a route to ILR on its own right. Would that change if an entry clearance on a different route followed it (as long as it was active while the new EC was being processed)?

All the above is a bit unclear to me, especially the fact it was a non-ILR category. Add to that the fact every one seems to talk about a clock reset if a new entry clearance is applied for instead of leave to remain.

Thanks and awaiting further feedback
quantum1 wrote:It depends on how long that person has been out of the UK

broccoli
Newbie
Posts: 41
Joined: Thu Mar 10, 2011 10:02 pm

Post by broccoli » Fri Aug 31, 2012 4:32 pm

any more feedback please?

broccoli
Newbie
Posts: 41
Joined: Thu Mar 10, 2011 10:02 pm

Post by broccoli » Sun Sep 23, 2012 5:56 pm

Would appreciate some kind of input please.

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sun Sep 23, 2012 6:19 pm

245HF(c)(x)

A non-ILR (PBS) category remains a non-ILR category for every purpose other than settlement under long residence (10 years).
Life isn't fair, but you can be!

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