Is ILR closed for new application on Tier -2 general.

[patelmilanb1]

Hi All,

I Am currently on Tier -1 general and my visa is expiring on June 2013. Under my situation i am unable to meet earnings criteria and i am thinking of switching to Tier -2 general as my company is willing me to sponsor.

One of my friend told me that if i apply fresh tier 2 general application now OR in june when my visa expires, I will not be eligible for ILR after 5 years. Is this true? Is ILR closed for Tier -2 general application made in 2013.

I hvae tried this searching online and on UKBA website with no luck. I am not sure what should i do. Please if anyone knows anything about this let me know.

[physicskate]

This is not true. You will have a max of 6 years to meet the requirements of ILR, which now has a stipulation of earning more than 35000 per annum for most occupations (not including shortage). You will also need to meet residency requirements, etc... ILR qualification is no longer 'automatic' after 5 years. Perhaps this is what they meant?

[manci]

I hvae tried this searching online and on UKBA website with no luck. I am not sure what should i do. Please if anyone knows anything about this let me know.

Read Immigration Rule 245HF:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

and

http://www.ukba.homeoffice.gov.uk/visas ... t/#header1

If you switch from T1G to T2G your time under T1G will be aggregated with time under T2G to make up the 5 years continuous residence required for ILR.
The £35k pay threshold only applies to applications made after 5 April 2016.

[patelmilanb1]

Thank you guys...

I have been reading those links and it seems that my tier 1 G period counts for settlement if i switch to tier 2 G now OR in June considering there are no changes for any fresh application.

for £35k requirement I am not sure whether i need to show that income for 3 years or the last year when i apply for my ILR. do they check that my last 5 years has been more than £35k or just last year?

[physicskate]

If you switch from T1G to T2G your time under T1G will be aggregated with time under T2G to make up the 5 years continuous residence required for ILR.
The £35k pay threshold only applies to applications made after 5 April 2016.