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Applying For ILR Through Combined Tier 1 Visas

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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noamgalp
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Joined: Tue Aug 14, 2018 8:30 pm
Israel

Applying For ILR Through Combined Tier 1 Visas

Post by noamgalp » Tue Aug 14, 2018 9:11 pm

Hello,

I am currently planning on starting my application process for the ILR.
Before I do this, I just wanted to confirm that I am definitely eligible to apply at this point in time considering my circumstances are, and I was wondering if anyone here could help clarify this before I start my actual application?

I moved to the UK in 2011 on the Tier 2 Sole Representative Visa. At the end of the 2 year visa I switched to the Tier 1 Entrepreneur Visa. I then extended this visa, and spent a total of 4.5 years on this visa before my circumstances changed and I changed to the Tier 1 - Exceptional Promise visa, which I've been on for the past 6 months.
My question is - Whilst I'm aware I cannot combine the Tier 2 and Tier 1 visas, from what I can understand from the UK Immigration website, I can actually combine the Tier 1 Entrepreneur and Tier 1 Exceptional Talent for a total of 5 years, which I now hold.
Is that definitely true?
And if so, will the fact that I've only held the Exceptional Talent visa for the last 6 months of the 5 year period pose an issue with my application?
Will it make a difference to my ILR application process, or do I just follow the procedure for applying through the Exceptional Talent route?
I hope this is not an overload of information!
Any advice would be mostly appreciated.

Thank You,

Noam

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CR001
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South Africa

Re: Applying For ILR Through Combined Tier 1 Visas

Post by CR001 » Tue Aug 14, 2018 9:22 pm

See immigration rules Part 6a 245BF (c) (iii)

https://www.gov.uk/guidance/immigration ... sed-system
(c) All of the following requirements must be met:

(i) The applicant must have spent a continuous period of:
(1) 3 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional talent”, as set out in Appendix L, or
(2) 5 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional promise”, as set out in Appendix L;
(ii) The applicant must have, or have last been granted, leave as a Tier 1 (Exceptional Talent) Migrant.
(iii) The relevant continuous period in (i) must have been spent with leave either as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant) or as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant).
Char (CR001 not Casa)
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