TIER 2 to TIER 1 Eligibility

[hnihalan]

I am really grateful for the advice available on this forum. And I thank you in advance for your responses

I am currently on a TIER 2 General VISA since 05-July-2013. Before this I was on Tier 2 ICT from 05-April-2011 till I moved to TIER 2 General
I am considering moving to Tier 1 Entrepreneur VISA as I would like to set up my limited company (IT consultancy)and work on IT contracts.
I have following questions regarding ILR eligibility. I have received conflicting advice from different lawyers on my case, so I will appreciate advice based on real cases.

- If I change VISA category to Tier 1 Entrepreneur, then will the time spent on Tier 2 general since July 2013 count for 5 years ILR eligibility or will the clock be reset and I will have spend 5 more years before I am eligible for ILR.
- If the answer to the above question is that the time spent on Tier 2 general since July 2013 will count for 5 years ILR eligibility, then will I have to show job creation of 2 jobs with my ILR application in July 2018, given that I would have only spent 2 years on Tier 1 Entrepreneur
- Once I have switched to Tier 1 Entrepreneur will I be able to switch back to Tier 2 General if needed and apply for ILR combining the Time spent on Tier 2 general since July 2013 + Tier 1 Entrepreneur + Tier 2 general.
cheers
H

[jonser]

Hi,
You can't combine Visas from Tier 1 Entrepreneur and Tier 2 General to make up the 5 years. If you switch to Tier 1, you would need to start your 5 years count again. You can only combine different visas for the 10 year long stay route which you would be eligible for in 2023.

You can switch from Tier 1 Entrepreneur back to Tier 2 General but like I pointed out earlier, you can't combine them for the 5 year route to ILR.

Hope this helps

[hnihalan]

Thanks a lot for your response.

Can you please point me to the relevant UKVI rules/sections where it is mentioned that one can not combine Tier 1 Entrepreneur and Tier 2 General VISAS for the 5 year route to ILR.

I called up the UK Visas and Immigration contact centre on 0300 123 2241 and they advised that I can combine the two VISAS and I will not have to show Job creation.

I will appreciate any guidance on this from other members of the forum as well.

[zimba]

According to paragraph 245HF from Immigration Rules part 6A, you can include time spent as Tier 1 Entrepreneur or a Tier 2 General migrant when you apply for ILR as a Tier 2 General migrant.

See: https://www.gov.uk/guidance/immigration ... sed-system

However in your case, according to attributes mentioned in paragraph 38 (see Table 6, row 4) from Immigration Rules Appendix A, you can ONLY include time spent as Tier 1 Entrepreneur migrant, as a Businessperson and/or as an Innovator when you apply for ILR as a Tier 1 (Entrepreneur) Migrant. So no combination with Tier 2 General is allowed towards your ILR when you apply under Tier 1 Entrepreneur

From Table 6, row 4 mentioned in paragraph 38:

The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) Migrant, as a Businessperson and/or as an Innovator, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant.

See Appendix A: https://www.gov.uk/guidance/immigration ... attributes