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Question on eligibility for ILR

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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ab713
Junior Member
Posts: 74
Joined: Mon Sep 29, 2014 4:30 pm

Question on eligibility for ILR

Post by ab713 » Tue Jan 09, 2018 4:34 pm

Hello,

I am in the UK from September - 2012. I entered UK on a student visa. My Masters course was for 2 years where 1st year was studies in the university and 2nd year was doing paid placement in a company for 12 months. I was on student visa till September-2014. I continued my job as the place where I did my internship offered me sponsorship on a Tier 2 general visa. I got my visa on Nov-2014 for another 5 year.

My question is can I apply for Indefinite Leave to Remain as I have completed 5 years of residency?


Thanks,

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tier21419
Member of Standing
Posts: 322
Joined: Mon Oct 17, 2016 3:46 pm
Pakistan

Re: Question on eligibility for ILR

Post by tier21419 » Tue Jan 09, 2018 4:40 pm

You cannot combine time spent on tier 4 and tier 2 to complete 5 years. These 5 years need to be on Tier 2. You should be able to apply in 28 days before XX-Nov 2019.

ab713
Junior Member
Posts: 74
Joined: Mon Sep 29, 2014 4:30 pm

Re: Question on eligibility for ILR

Post by ab713 » Tue Jan 09, 2018 4:59 pm

Thanks this is what I assumed that I cannot combine. Just out of curiosity, everywhere it states you should be resident for 5 years to apply for ILR, can you point me to home office website were it says I cannot combine Tier 4 and tier 2?

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CR001
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Location: London
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South Africa

Re: Question on eligibility for ILR

Post by CR001 » Tue Jan 09, 2018 5:05 pm

Tier 4 no longer leads to ILR anyway (except for 10 years long residence).

Immigration Rules Part 6a 245HF

https://www.gov.uk/guidance/immigration ... sed-system
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 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,
Char (CR001 not Casa)
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ab713
Junior Member
Posts: 74
Joined: Mon Sep 29, 2014 4:30 pm

Re: Question on eligibility for ILR

Post by ab713 » Wed Jan 10, 2018 3:22 pm

Thanks

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