Will 3 years on "Visa to acc parents" count towards ILR?

[mrgeek]

This is from 2009-2012 period.

[CR001]

Honestly, how do you expect any member on an anonymous forum to offer any substantial advice based on the incredibly limited information you have supplied.

What is your current visa status and your full UK immigration history?

[mrgeek]

Honestly, how do you expect any member on an anonymous forum to offer any substantial advice based on the incredibly limited information you have supplied.

What is your current visa status and your full UK immigration history?

I thought my current VISA and immigration history is not relevant in a very specific question that I have put forth. However, I'll put it out here for you.

I am on a Tier 2 (General). My immigration history is not so straightforward. 2009-2013 , I was on "visa to acc parents". I assume my dad had a Tier 1 then.

They did leave in 2010 until I continued university till 2012. Then, 2013 to 2015, I was on Tier 4. Which adds up to the fact that I am now on Tier 2 (General) from 2015 to 2018.

Do not get confused by the year ends, as I have not specified the months. I don't remember them the top of my head but its never > 180 days in 12 month period or 450 days in total.

[CR001]

I thought my current VISA and immigration history is not relevant in a very specific question that I have put forth. However, I'll put it out here for you.

Of course it is relevant. How else can anyone know anything about you as you have no history of posting on the forum.

I am on a Tier 2 (General). My immigration history is not so straightforward. 2009-2013 , I was on "visa to acc parents". I assume my dad had a Tier 1 then.

Your post is not clear if you are asking about 5 years towards ILR or 10 years long residence ILR.

They did leave in 2010 until I continued university till 2012. Then, 2013 to 2014, I was on Tier 4. Which adds up to the fact that I am now on Tier 2 (General) from 2015 to 2018.

Do you mean your parents left the UK in 2010 and you stayed in the UK? It would be really important to find out exactly what visa it is your parents/father held. What was your immigration status from 2010 to 2013 before you got a student visa?

[mrgeek]

Thanks for your interest CR001.

1. I am looking for the 5 year ILR route.
2. Yes, my dad left in 2010 and I stayed on it. I was studying for my bachelors then. [A].
3. My father's visa was definitely [A], hence me having got a "Visa to acc parents".


[A] It was valid as it expired in 2013 July.
VISA WORK PERMIT F530***

[CR001]

1. I am looking for the 5 year ILR route.

You need 5 years on Tier 2 General to qualify for ILR. You cannot combine different visa categories to make up 5 years for ILR. Combination of different visas can only be used for ILR based on 10 years long residence, provided you meet the requirements of each visa you have held.

2. Yes, my dad left in 2010 and I stayed on it. I was studying for my bachelors then. [1].

Your status was directly dependent on your father being in the UK as your sponsor. This is likely a complication in your immigration history, regardless of how long your visa was valid for.

3. My father's visa was definitely a Tier 1, hence me having got a "Visa to acc parents".

There are many visa categories that carry the same 'visa to acc parents' notation, it is not unique to Tier 1.

[mrgeek]

1. Can you link this through on the Home office website for my reference?

2. I know this is a complication of sorts.

3. I have updated my previous answer to tell you the exact visa type. It is actually Work Permit.

[CR001]

See Immigration Rules 245AAA - General Requirements for ILR (click), extract below.

245AAA.General requirements for indefinite leave to remain

For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:

(a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

See Immigration Rules 245HF - Requirements for ILR as a Tier 2 General migrant (click), extract below too.

245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant

To qualify for indefinite leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, in any combination of the following categories:
(i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
(ii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,

3. You cannot combine time as a dependent to, before your student visa, to that of Tier 2 General. Student visas also do not count for ILR based on 5 years residence.

[mrgeek]

Thanks for this CR001.

More and more evidence suggests to me that 10 year ILR is the way to go.

I have lived in the UK legally so far and will continue to do so.

[Wanderer]

Assuming no gaps ILR in 2019 via 10 year route or 2020 via T2 five year route if T2 extended.

[secret.simon]

the top of my head but its never > 180 days in 12 month period or 450 days in total.

One of the requirements for ILR (Long residence) is that the total absence from the UK must not exceed 540 whole days. So, keep a close eye on that.

https://www.gov.uk/long-residence/eligibility

[CR001]

I have lived in the UK legally so far and will continue to do so.

And hoping HO won't view your time in the UK as a dependent on a work permit holder when said parent was not resident in the UK for 3 years of that time on the said work permit, as non legal residence.

[mrgeek]

It wont because otherwise they'd have refused my VISA that followed it. There was no communication from the HO during the time, or any notification, or any interrogation or investigation into this matter, so I think it has been put to rest as a legal period. Moreover, do you know what methods does the HO rely on when calculating absence?

[CR001]

Suggest read the whole link that secret.simon has provided. HO want to see ALL your passport for LR ILR applications, including the one you originally entered the UK. You will also have to list ALL your absences in the form.

[mrgeek]

Amazing help guys. Thanks so much for this advice.

I have read what Simon sent but it doesn't specify how they calculate absence.

I think I'll eventually be having to give them my passport and they'll use stamp dates.

[CR001]

As I said, the form SET(LR) asks you to list all your absence. These must correspond to your passports and any records HO hold. Day of departure from UK and arrival back in the UK are not counted as absence, only WHOLE days out are counted.

So no more than 540 days in the whole 10 years and no single absence of 180 days in any 12 month period.

Edit : There are two ways you can apply. You can apply by post and this means sending all your original documents. Or you can apply in person for a same day decision.

[mrgeek]

You need 5 years on Tier 2 General to qualify for ILR. You cannot combine different visa categories to make up 5 years for ILR. Combination of different visas can only be used for ILR based on 10 years long residence, provided you meet the requirements of each visa you have held.

Please see this link: https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa.

It says otherwise. It seems that I indeed can combine different visa categories for the 5 year ILR too.

[CR001]

You need 5 years on Tier 2 General to qualify for ILR. You cannot combine different visa categories to make up 5 years for ILR. Combination of different visas can only be used for ILR based on 10 years long residence, provided you meet the requirements of each visa you have held.

Please see this link: https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa.

It says otherwise. It seems that I indeed can combine different visa categories for the 5 year ILR too.

Yes any of the listed visas as a MAIN visa holder, NOT a 'visa to accompany parents' which is a dependent visa. You can combine certain other PBS route visas but not dependent visas to make up 5 years.

I have already provided you with the relevant immigration rules. Suggest read them again.