Tier1 to Tier2 change - Impact on ILR eligibility

[dino17]

Hi

I was granted Tier 1 entrepreneur visa in May 2014. I applied for Tier 1 extension in May 2017 and my application is in process. Per the five year route I will be eligible to apply for ILR in May 2019.
My query is, if right now I change to Tier 2 general visa, will I be eligible to apply for ILR in May 2019.

Thanks

[Saeedjansaeed]

you get ILR when you are on T1 E for five years ..switching to any other category will break the time...

[marcnath]

Hi

I was granted Tier 1 entrepreneur visa in May 2014. I applied for Tier 1 extension in May 2017 and my application is in process. Per the five year route I will be eligible to apply for ILR in May 2019.
My query is, if right now I change to Tier 2 general visa, will I be eligible to apply for ILR in May 2019.

Thanks

@Saeedjansaeed is wrong.

If you switch to Tier 2, you can apply for your ILR in May 2019

[zimba]

In theory this is very well possible. However you still need to show that you invested the money fully and complied with Tier 1E rules all the way through. To be honest, HO has lots of options to make getting such ILR quite difficult for you.

[dino17]

Hi

I was granted Tier 1 entrepreneur visa in May 2014. I applied for Tier 1 extension in May 2017 and my application is in process. Per the five year route I will be eligible to apply for ILR in May 2019.
My query is, if right now I change to Tier 2 general visa, will I be eligible to apply for ILR in May 2019.

Thanks

@Saeedjansaeed is wrong.

If you switch to Tier 2, you can apply for your ILR in May 2019

Hi saeed and marcnath.....thanks for your replies....

@marcnath.....
i came across this point in the Tier 1 entrepreneur policy guidance under the below section

"Length of time in the United Kingdom needed to qualify – settlement "------
You cannot combine Tier 1 (Entrepreneur) leave with leave in any other category to meet the
continuous leave requirement.

So wondering...

[marcnath]

Hi

I was granted Tier 1 entrepreneur visa in May 2014. I applied for Tier 1 extension in May 2017 and my application is in process. Per the five year route I will be eligible to apply for ILR in May 2019.
My query is, if right now I change to Tier 2 general visa, will I be eligible to apply for ILR in May 2019.

Thanks

@Saeedjansaeed is wrong.

If you switch to Tier 2, you can apply for your ILR in May 2019

Hi saeed and marcnath.....thanks for your replies....

@marcnath.....
i came across this point in the Tier 1 entrepreneur policy guidance under the below section

"Length of time in the United Kingdom needed to qualify – settlement "------
You cannot combine Tier 1 (Entrepreneur) leave with leave in any other category to meet the
continuous leave requirement.

So wondering...

That is correct. If you were to apply for ILR when you are holding a T1E visa, you cannot combine any other categories.

However, if you have got your T2 and then apply for ILR, the T1E period can be taken into account for ILR.

https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

Continuous residence
The 5 years can include time in the UK on another visa if it was one of the following:

Member of Ground Staff of an Overseas Owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business
Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation
any tier 1, except Tier 1 (Post-study work) or Tier 1 (Graduate Entrepreneur)
Highly Skilled Migrant Programme
Innovator

[dino17]

Hi

I was granted Tier 1 entrepreneur visa in May 2014. I applied for Tier 1 extension in May 2017 and my application is in process. Per the five year route I will be eligible to apply for ILR in May 2019.
My query is, if right now I change to Tier 2 general visa, will I be eligible to apply for ILR in May 2019.

Thanks

@Saeedjansaeed is wrong.

If you switch to Tier 2, you can apply for your ILR in May 2019

Hi saeed and marcnath.....thanks for your replies....

@marcnath.....
i came across this point in the Tier 1 entrepreneur policy guidance under the below section

"Length of time in the United Kingdom needed to qualify – settlement "------
You cannot combine Tier 1 (Entrepreneur) leave with leave in any other category to meet the
continuous leave requirement.

So wondering...

That is correct. If you were to apply for ILR when you are holding a T1E visa, you cannot combine any other categories.

However, if you have got your T2 and then apply for ILR, the T1E period can be taken into account for ILR.

https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

Continuous residence
The 5 years can include time in the UK on another visa if it was one of the following:

Member of Ground Staff of an Overseas Owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business
Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation
any tier 1, except Tier 1 (Post-study work) or Tier 1 (Graduate Entrepreneur)
Highly Skilled Migrant Programme
Innovator

Thanks for the reply...macrath and zimba

[indiancitizen]

Hi Zimba,

I went through the SET(O) application forma and the guidance looking for information about the evidential requirement to prove that the applicant complied with the Tier 1 Entrepreneur criteria during those three years. I a unable to find it, can you kindly guide me to the right place, I had my Tier 1 E renewal refused before I moved to Tier 2, so I am looking for information about these evidence requirements .

[zimba]

Hi Zimba,

I went through the SET(O) application forma and the guidance looking for information about the evidential requirement to prove that the applicant complied with the Tier 1 Entrepreneur criteria during those three years. I a unable to find it, can you kindly guide me to the right place, I had my Tier 1 E renewal refused before I moved to Tier 2, so I am looking for information about these evidence requirements .

Read the conditions of stay under Tier 1E as well as conditions on which it can be curtailed.