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ILR Eligibility Question

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Abxy27
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ILR Eligibility Question

Post by Abxy27 » Sat Feb 11, 2023 7:31 am

Hello, posting enquiry from a friend.

Tier 2 General visa holder
Entered UK 27 May 2019. ILR due April 2024. Wife and children dependents. This person does not have sponsorship beyond April 2023. But his wife will get Tier 2 General from her office now and he and his kids can be dependents on her visa.
So 4 year main applicant and 1 year of dependent for him in his 5 years in UK (next year). And for wife - 4 years as dependent and 1 year as main visa holder. The question is whether they will be eligible to apply for the ILR in April 2024.

Thanks in advance.

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CR001
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Re: ILR Eligibility Question

Post by CR001 » Sat Feb 11, 2023 7:37 am

The question is whether they will be eligible to apply for the ILR in April 2024.
No they will not.

When they switch visa categories, their 5 year ILR clock resets to zero.

To qualify for ILR based on 5 years pbs or pbss dependent route, they need 5 years each in one visa category, ie 5 years as pbs main visa Holder OR 5 years as pbs dependent.

They cannot combine main visa time with dependent visa time to make up 5 years for ILR the rules do not allow this for ILR based on 5 years.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: ILR Eligibility Question

Post by CR001 » Sat Feb 11, 2023 8:09 am

When do their visas expire?

If he knew he wouldn't be sponsored by his current employer, why has he not found another job/employer and do a change of employer pbs visa applications, thereby keeping all their status in tact for ILR next year.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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