Tier 2 Settlement (Tier2>Tier1>Tier2)

[sindhoo]

Below is my immigration history.

I was on Tier2 General from Nov 2012
switched from Tier2 General to Tier 1 Entrepreneur May 2014
and Finally Switched from Tier 1 Entrepreneur to Tier 2 General May 2017

1)Nov 2012 PSW--> Tier 2 General (1 year 6 months)
2)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
3)May 2017 Tier 1 Entrepreneur --> Tier 2 General (6 months)
----------------------
Total: 5 years
----------------------

My 5 years will be completed on Nov 2017 , will I be eligible to apply for settlement after Dec 2017 .

https://www.gov.uk/government/uploads/s ... _04_17.pdf

253.Your most recent grant of leave must have been under Tier 2. The continuous 5 years can include leave you previously held as a:

Tier 2 (General) Migrant;
Tier 2 (Minister of Religion) Migrant;
Tier 2 (Sportsperson) Migrant;
Tier 2 (Intra-Company Transfer) Migrant (see below for further information);
Tier 1 (Exceptional Talent) Migrant;
Tier 1 (Entrepreneur) Migrant;
Tier 1 (Investor) Migrant;
Tier 1 (General) Migrant;
Representative of an Overseas Business;
Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation;
Member of the Operational Ground Staff of an Overseas-owned Airline; 
Minister of Religion, Missionary or Member of a Religious Order;
Work Permit Holder; 
Highly Skilled Migrant;
innovator.

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Tier 2 Policy Guidance (Version 04/2017) Page 58 & 59
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Q:Will they count all my time spent (Tier2>Tier1>Tier2)
--------------------------------------------------------------------------------
1)Nov 2012 PSW--> Tier 2 General (1 year 6 months)
2)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
3)May 2017 Tier 1 Entrepreneur --> Tier 2 General (6 months)

Total: 5 years
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Q.Has my meter been reset when I switched to Tier 1 ? (Tier1>Tier2)
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1)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
2)May 2017 Tier 1 Entrepreneur --> Tier 2 General (Need to spend 2 more years)

It is confusing and I don't understand . Can someone please shed light on this .Thank you

[kisodamn]

I was very confused in the past few months about this as well, been asking a lot of lawyers and looking for gov info. Here's my understanding so far -

it all depends on your category when you apply for ILR, when you're T2 now, you can add up previous T1, which was in total 3 years 6 months. If you are T1 when you apply for ILR, you can't add up previous T2 to make up for the 5 years.

[sindhoo]

I was very confused in the past few months about this as well, been asking a lot of lawyers and looking for gov info. Here's my understanding so far -

it all depends on your category when you apply for ILR, when you're T2 now, you can add up previous T1, which was in total 3 years 6 months. If you are T1 when you apply for ILR, you can't add up previous T2 to make up for the 5 years.

Hi kisodm , thanks for your reply and i agree it all depends on which category you are , settlement rules applies for that category .

From what I gather I think all my previous Tier 2(Nov 2012) & Tier 1(May 2014) time will counted towards settlement , I took it from below statement .

253.Your most recent grant of leave must have been under Tier 2. The continuous 5 years can include leave you previously held as a:

Tier 2 (General) Migrant;
Tier 1 (Entrepreneur) Migrant;
...

I think below applies to me . Please can some moderator answer this .

1)Nov 2012 PSW--> Tier 2 General (1 year 6 months)
2)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
3)May 2017 Tier 1 Entrepreneur --> Tier 2 General (6 months)

Total: 5 years in Nov 2017 ?

Thanks

[sindhoo]

Guys can someone please answer this or should I just try my luck . Any moderator need your input as well . Thanks

[sindhoo]

I think so I found answer to my question:

on Tier 2 General all you previous time spent in the category recognised by HO will be counted if they are on their list.
https://www.gov.uk/government/uploads/s ... pdf#page82

Requirements for indefinite leave to remain (ILR)
You must grant ILR if:
 the applicant meets the requirements of paragraph 245HF of the Immigration Rules
 none of the general grounds for refusal in paragraphs 320 and 324 of the Immigration Rules apply
 the applicant has spent a continuous period of 5 years lawfully in the UK in any combination of the following categories, of which the most recent period must have been spent with leave as a Tier 2 migrant:
o member of the operation ground staff of an overseas owned airline
o minister of religion, missionary, or member of a religious order
o work permit holder - a work permit holder is a work permit holder in either the business and commercial category or the sports and entertainment category,
provided their work permit was not a multiple entry work permit. Training and Work Experience (TWES) or Sectors Based Scheme (SBS) work permit holders will not be considered as acceptable work permit holders
o representative of an overseas business
o representative of an overseas newspaper, news agency or broadcasting
organisation
o Tier 1 migrant, other than a Tier 1 (post-study work) or Tier 1 (graduate
entrepreneur) migrant
o highly skilled migrant
o innovator
o Tier 2 (General) migrant, a Tier 2 (Minister of religion) migrant or a Tier 2
(Sportsperson) migrant
o Tier 2 (Intra-company transfer) (ICT) migrant, provided the continuous period
of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (ICT) migrant granted under the rules in place before 6 April 2010, or a work permit holder, provided that the work permit was granted because the applicant was the subject of an ICT
 the sponsor who issued the certificate of sponsorship leading to the applicant’s last grant of leave still holds, or has applied to renew, a Tier 2 sponsor licence in the relevant category and has certified in writing they:
o still require the applicant for employment in the job in question, and
are paying the applicant at or above the appropriate rate for the job as stated in appendix J of the Immigration Rules (unless the applicant qualifies for a concession from this requirement because of a reduction in pay due to maternity, paternity, shared parental or adoption leave): this rate must meet the minimum earnings requirement of £35,000, unless the applicant is exempt: Tier 2 (Minister of religion) applicants are not required to meet the minimum earnings requirement: certain other applicants are exempt from the £35,000 threshold but must still be paid the appropriate rate for their occupation
 the applicant provides the documents specified in paragraphs 245HF-SD of the Immigration Rules
 the applicant satisfies the requirements of the knowledge of the English language and life in the UK, with reference to paragraphs 33B to 33D of the Immigration Rules unless at the time the application is made the applicant is: o under the age of 18
o over the age of 65
 the applicant is not in breach of immigration laws, except for those permitted
under the Immigration rules in relation to overstaying
Limited concession for Tier 2 (General) migrants
On 6 November 2014, a limited concession outside of the Immigration Rules was introduced for Tier 2 (General) migrants sponsored as doctors who are taking unpaid leave with their sponsor’s agreement to assist in the Ebola crisis in West Africa. This limited concession will enable the sponsor to continue sponsoring the migrant for up to 6 months of unpaid leave each year. The sponsor should use the Sponsor Management System as usual to inform the Home Office of the changes so that curtailment action is not initiated. From 6 April 2014, the Immigration Rules were amended to state that absences from the UK for this purpose will not affect settlement applications.
Page 85-86

please let me know if my findings are correct.

[Djsuccess]

You can apply for ILR in November 2017

[sindhoo]

You can apply for ILR in November 2017

Thank you that is what the guide says .

[sindhoo]

Hi ,
My original question is here according to this I will be eligible in November 2017 .

uk-tier-2-employer-sponsored-visas/tier ... l#p1529209

here is my history :
--------------------------------------------------------------------------------------------------------
1)Nov 2012 PSW--> Tier 2 General (1 year 6 months)
2)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
3)May 2017 Tier 1 Entrepreneur --> Tier 2 General (6 months) Nov 2017
--------------------------------------------------------------------------------------------------------

my question is about this question in the form.

For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

SET(O) Version 04/2017 Page 78

https://www.gov.uk/government/uploads/s ... -04-17.pdf

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1) (Tier 2 General current from may 2017 ) I understand that I have to get employer letter confirming job title , SOC code , salary and that I am still required for the job .
Also have to submit payslips & bank statements (anything else required) ?
---------------------------------------------------------------------------------------------------------------------------------------------------

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2) (Tier 1 Entrepreneur from may 2014 to may 2017) Which documents do I have to submit for this ?
---------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------------------------------
3) (Tier 2 General Nov 2012 to may 2014 ) previous employer maybeP60 and old payslips I have somewhere will those be enough?
---------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------------------------------
4) Any other document required for this ?
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please can someone clarify this from members and moderator. Thanks

[zimba]

Topics merged here to give full history

[sindhoo]

Thanks , Guys please any input .

[akkhan]

Thanks , Guys please any input .

Can you please guide when you switch from Tier 1 Ent to Tier 2 General what documents did you provide? were you asked about your stay or any documents about Tier 1 Ent?

[sindhoo]

Can you please guide when you switch from Tier 1 Ent to Tier 2 General what documents did you provide? were you asked about your stay or any documents about Tier 1 Ent?

I was applying for Tier 2 General not extension of Tier 1 Entrepreneur so they didn't ask me anything about Tier 1 . I applied with filled form and didn't submit prove for my english language as I already submitted that in the past. hope this helps .

[akkhan]

Can you please guide when you switch from Tier 1 Ent to Tier 2 General what documents did you provide? were you asked about your stay or any documents about Tier 1 Ent?

I was applying for Tier 2 General not extension of Tier 1 Entrepreneur so they didn't ask me anything about Tier 1 . I applied with filled form and didn't submit prove for my english language as I already submitted that in the past. hope this helps .

Thanks for responding. Can you please tell which documents you submitted for tier 2?

[sindhoo]

Thanks for responding. Can you please tell which documents you submitted for tier 2?

ASI said you don't need much for Tier 2 General . All you need is you filled form , salary has to be on or above appropriate level. Bank statement if you are sponsor is not A rated or didn't select option (sponsor certifies maintenance for the migrant) . English prove if already submitted then not needed you can add that if you want to .

[sindhoo]

Hi ,
My original question is here according to this I will be eligible in November 2017 .

uk-tier-2-employer-sponsored-visas/tier ... l#p1529209

here is my history :
--------------------------------------------------------------------------------------------------------
1)Nov 2012 PSW--> Tier 2 General (1 year 6 months)
2)May 2014 Tier 2 General --> Tier 1 Entrepreneur (3 years)
3)May 2017 Tier 1 Entrepreneur --> Tier 2 General (6 months) Nov 2017
--------------------------------------------------------------------------------------------------------

my question is about this question in the form.

For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

SET(O) Version 04/2017 Page 78

https://www.gov.uk/government/uploads/s ... -04-17.pdf

---------------------------------------------------------------------------------------------------------------------------------------------------
1) (Tier 2 General current from may 2017 ) I understand that I have to get employer letter confirming job title , SOC code , salary and that I am still required for the job .
Also have to submit payslips & bank statements (anything else required) ?
---------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------------------------------
2) (Tier 1 Entrepreneur from may 2014 to may 2017) Which documents do I have to submit for this ?
---------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------------------------------
3) (Tier 2 General Nov 2012 to may 2014 ) previous employer maybeP60 and old payslips I have somewhere will those be enough?
---------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------------------------------
4) Any other document required for this ?
---------------------------------------------------------------------------------------------------------------------------------------------------

please can someone clarify this from members and moderator. Thanks

Guys please any input on this , moderators ?

[akkhan]

[quote=akkhan post_id=<a href="tel:1536255">1536255</a> time=<a href="tel:1505602600">1505602600</a> user_id=177481]

Thanks for responding. Can you please tell which documents you submitted for tier 2?

ASI said you don't need much for Tier 2 General . All you need is you filled form , salary has to be on or above appropriate level. Bank statement if you are sponsor is not A rated or didn't select option (sponsor certifies maintenance for the migrant) . English prove if already submitted then not needed you can add that if you want to .
[/quote]

Thank you for your reply just wanted ask one thing did you resign from company director before applying the visa or resigned after getting tier 2 visa??

[sindhoo]

Thank you for your reply just wanted ask one thing did you resign from company director before applying the visa or resigned after getting tier 2 visa??

No One is sure if the application would be successful . I reigned next day after getting visa. Hope that helps.

[akkhan]

[quote=akkhan post_id=<a href="tel:1538600">1538600</a> time=<a href="tel:1506027212">1506027212</a> user_id=177481]

Thank you for your reply just wanted ask one thing did you resign from company director before applying the visa or resigned after getting tier 2 visa??

No One is sure if the application would be successful . I reigned next day after getting visa. Hope that helps.
[/quote]

Thank you for great help. Did you apply through post or priority.

[sindhoo]

Thank you for great help. Did you apply through post or priority.

LOL , why don't you ask all the questions one time. I applied in person same day premium service.

[akkhan]

Sorry for bothering you but thank you for your help really appreciate it

[sindhoo]

Third party weblink removed by moderator

I found old document which state this on page SET(O) Application form (Version 04/2013) - Page 53 of 59 :

For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant
requirements of the immigration rules for the period in question as specified below:

If you were a Tier 1 (Entrepreneur) migrant,the documents specified in section 11M above

11M Tier 1 (Entrepreneur) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK made up of leave as a Tier 1 (Entrepreneur) migrant and leave as a businessperson or innovator, in addition to the relevant documents in 11A, you must provide the following:

Evidence that you are engaged in business activity at the time of your application and have been since you
were given leave to remain as a Tier 1 (Entrepreneur) migrant. This should include one of the following documents:

> 5 year route: Evidence specified in section 9C/B of this form.
> 3 year accelerated route: Evidence specified in section 9B/B of this form.
Evidence of the payment of Class 2 National Insurance contributions if you are self-employed. Such evidence
should be one of the following:
- A current appointment report from Companies House if you are a company director. This report must be
dated within 3 months of this application and must name you as a director of a business that is actively
trading and not struck-off, dissolved or in liquidation when the appointment report was printed out.
- Your National Insurance bill for the quarter immediately before this application if you pay quarterly; or
- Your most recent bank statement showing payment to HM Revenue and Customs if you pay by direct
debit; or
- A Small Earnings Exception certificate issued by HM Revenue and Customs if you have very low earnings
and have applied for the small earnings exception.

For the period before you were granted leave as a Tier 1 (Entrepreneur) migrant, documents showing that you
met the relevant requirements of the immigration rules.

-------------------------------------------------------------
Tier 1 Entrepreneur extension/ settlement
------------------------------------------------------------
1) have registered as self employed or company director within 6 months of Visa .
2) Create 2 full time jobs for 24 months
3) Have invested into existing or new business 50k/20k


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Question
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For tier 2 settlement since I am now on it . Do I need to establish that I fulfilled point 1-3 on my previous grant on Tier 1 Ent . What if someone just fulfilled point 1-2 and paid corporation tax and had created 2 full time jobs will that be enough to satisfy "For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules. "

Please need urgent help as I am going to apply soon.

[marcnath]

Why are you looking at a 2013 form ?

Do you need any clarifications on the form you are going to be actually using ?

[sindhoo]

Why are you looking at a 2013 form ?

Do you need any clarifications on the form you are going to be actually using ?

Hi marcnath ,
Thanks for your reply if I look at the 10/2017 it say's same on SET(O) Version 10/2017 Page 77

https://www.gov.uk/government/uploads/s ... -10-17.pdf

For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

For further information concerning the evidence required, please refer to the Tier 2 migrant policy
guidance on our website.

But in 2017 it doesn't breakdown what evidence is required for the time you spent in other category . Will it be similar to 2003 or is it just question mark here .

[marcnath]

Why are you looking at a 2013 form ?

Do you need any clarifications on the form you are going to be actually using ?

Hi marcnath ,
Thanks for your reply if I look at the 10/2017 it say's same on SET(O) Version 10/2017 Page 77

https://www.gov.uk/government/uploads/s ... -10-17.pdf

For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

For further information concerning the evidence required, please refer to the Tier 2 migrant policy
guidance on our website.

But in 2017 it doesn't breakdown what evidence is required for the time you spent in other category . Will it be similar to 2003 or is it just question mark here .

So I assume you did not apply for Tier 1 extension but applied for T2 instead in 2017.

You need to provide evidence to show that you did not violate the conditions of your T1E visa.

Two of those would be :
1) Access to funds - the T1E visa requires you to have had access to the funds you showed for the application (50K I assume) until it was invested. So either your bank statements showing the 50K for the three years or if you have invested, then the company accounts that show the investment (look at T1 guidance for that)
2) That you only worked for your own business. Not sure how you would show this but your personal tax returns which show income from only your own business would be one way.

Those would be the two key ones. Anything additional in terms of your business in the three years may be useful but not essential

[sindhoo]

Why are you looking at a 2013 form ?

Do you need any clarifications on the form you are going to be actually using ?

Hi marcnath ,
Thanks for your reply if I look at the 10/2017 it say's same on SET(O) Version 10/2017 Page 77

https://www.gov.uk/government/uploads/s ... -10-17.pdf

For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

For further information concerning the evidence required, please refer to the Tier 2 migrant policy
guidance on our website.

But in 2017 it doesn't breakdown what evidence is required for the time you spent in other category . Will it be similar to 2003 or is it just question mark here .

So I assume you did not apply for Tier 1 extension but applied for T2 instead in 2017.

You need to provide evidence to show that you did not violate the conditions of your T1E visa.

Two of those would be :
1) Access to funds - the T1E visa requires you to have had access to the funds you showed for the application (50K I assume) until it was invested. So either your bank statements showing the 50K for the three years or if you have invested, then the company accounts that show the investment (look at T1 guidance for that)
2) That you only worked for your own business. Not sure how you would show this but your personal tax returns which show income from only your own business would be one way.

Those would be the two key ones. Anything additional in terms of your business in the three years may be useful but not essential

Thanks for your quick reply again. My only problem was not doing investment. I had employees and other criteria fulfilled.
I don't know this Tier 1 Ent paperwork is too much that is why I switched to Tier 2. It seems to me now that I am applying for Tier 1 Ent extension but in reality it is settlement based on the Tier 2 General route.