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ILR after moving to Tier 1(general) dependant path

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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ym
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Joined: Fri Mar 01, 2013 4:41 pm

ILR after moving to Tier 1(general) dependant path

Post by ym » Fri Mar 01, 2013 4:52 pm

Hi All,
I know its a bit early for me to ask this question but my circumstances are changing rapidly and i need to make a decision.

My situation seems complicated, at least to me.
I entered UK on Tier2 ICT in Sep 2008. Changed my category to Tier 1 partner in Dec 2011. During the switch, i had to visit India for 2 weeks for stamping.

My question is
Am i eligible for ILR in Sep 2013 provided
1> I fulfill the 180 days out of country criteria
2> Job and income criteria whatever that may be.


My confusion is just "Visiting India for Visa category Change" as i am not sure if that breaks my 5 year continuity.
Any help would be great. thanks in advance!

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Mar 01, 2013 4:55 pm

When you switched to PBS dependant you abandoned the 5 year residence period that leads to ILR for a migrant worker. Now, you are only eligible for ILR as a joint application with your partner when he or she is eligible, or after 10 years of residence in an aggregation of all your previous immigration categories.

ym
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Posts: 4
Joined: Fri Mar 01, 2013 4:41 pm

Post by ym » Fri Mar 01, 2013 5:05 pm

Thanks.
But going through the UKBA treasure of words, i gathered
"You will be eligible for ILR after category change if all the categories you were/are in, leads to settlement" . And in my case, both of them do.
But, yes that's my interpretation and i am no expert.

By any chance, can you point to any document. Thanks again!

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Mar 01, 2013 5:13 pm

What that means is that if you continue to be a migrant worker (in an eligible category that leads to settlement) you will be eligible for ILR after five years. You, however, switched out of the migrant worker category in Dec 2011. You are no longer in an eligible category.
It's too complex to define this in one single link so you'll just have to trust me!

ym
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Posts: 4
Joined: Fri Mar 01, 2013 4:41 pm

Post by ym » Thu Mar 07, 2013 9:31 am

Thanks a lot! really appreciate it!

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