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ILR - Am I eligible to apply?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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t_satish
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ILR - Am I eligible to apply?

Post by t_satish » Mon Oct 03, 2016 9:44 am

Hello Forum friends,

Moved into UK on 26/06/2011 via TIER 2 ICT Short term
On 25/6/2012 changed my visa to TIER 2 ICT Long term for 2 years valid until 2014
On 20/6/2014 extended my TIER 2 ICT Long term for 3 years valid until June 2017
On 02/4/2016 moved my visa to TIER 2 General Dependent (as my wife got her visa on Aug 2015 - TIER 2 General Visa sponsored).

Technically I have finished 5 years in UK and in this 5 years the max I have stayed out of the country is only 20 days and not further.

I do understand I cant apply for a ILR with my TIER 2 ICT visa (as applied after April 2011), but then as per ILR rules I have stayed her for more than 5 years (5 years ICT + Remaining time on Dependent visa).

Can anyone advise, am I elgible to apply or do I need to wait until my wife gets her ILR?

As well, my wife has been dependent and now moved to TIER 2 general, is she elgible to apply for ILR now?

PS - on a side note, heard a news that ILR are going to be stopped in 2020, is this true, is there any article anyone can guide if this true?

I searched couldnt find... thanks for your time.

baddy
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Re: ILR - Am I eligible to apply?

Post by baddy » Tue Oct 04, 2016 9:24 am

Why did you change your visa to a dependant visa when you have just two months to complete 5 years as the main applicant? ... May be if you give the full story, someone might be able to give you the right advice.

But I am a bit amazed at you switching to a dependant when you have two years to complete 5 years, unless you know within your heart that your initial leave cannot be used for ILR.

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CR001
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Re: ILR - Am I eligible to apply?

Post by CR001 » Tue Oct 04, 2016 1:08 pm

YOU need 5 years in the PBS Dependent category to qualify for ILR. Your clock reset when you switched to dependent status. You will qualify for ILR in 2021

Your WIFE needs 5 years as Tier 2 G visa holder to qualify for ILR. Your wife will qualify for ILR in 2020.

You cannot combine different visa categories to make up 5 years residence for ILR.
PS - on a side note, heard a news that ILR are going to be stopped in 2020, is this true, is there any article anyone can guide if this true?
Best not to believe everything you "hear".
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Petaltop
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Re: ILR - Am I eligible to apply?

Post by Petaltop » Wed Oct 05, 2016 10:30 am

baddy wrote:Why did you change your visa to a dependant visa when you have just two months to complete 5 years as the main applicant? ...
CR001 wrote:Your clock reset when you switched to depe.
I don't think his ILR clock ever started on the ICT visa. Manci said it no longer lead to settlement from 2010.


EDIT - This sticky of Q&As, is sticky on the Tier 2 board about the dates.
http://www.immigrationboards.com/uk-tie ... 98916.html
Last edited by Petaltop on Wed Oct 05, 2016 10:44 am, edited 1 time in total.

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CR001
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Re: ILR - Am I eligible to apply?

Post by CR001 » Wed Oct 05, 2016 10:41 am

Petaltop wrote:
baddy wrote:Why did you change your visa to a dependant visa when you have just two months to complete 5 years as the main applicant? ...
CR001 wrote:Your clock reset when you switched to depe.
I don't think his ILR clock ever started on the ICT visa. Manci said it no longer lead to settlement from 2010.
Correct, should read the dates more closely :oops:
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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