Tier 2 (ICT) -> Tier 2 (genral) -> ILR route

[swadhwani]

Hello Gurus,

Please could someone help me to understand when do I qualify to apply for ILR?

My Situation

• I first entered UK in Jan’2010 on Tier 2 (ICT) and was in UK until August’ 2010
• I got a job in UK and went back to India in August' 2010 for VISA stamping
• Applied for VISA in August’ 2010 in India, but that got refused as I did not produce 90 days bank statement
• Reapplied for VISA (on new COS) in Dec’ 2010 and came back in UK on Tier 2 (General) visa in Jan'2011 which was valid till Jan'2014.
• Renewed my VISA last week and got the new VISA which is valid until Jan'2017

Summary

In summary, I was away from UK for 153 days in 2010 for switching VISA category (ICT to tier2). I believe that current limit is for 180 days, but please note that I was not working in UK (or in India) during my stay in India.

Question

Can you comment on as per current rule, when will I qualify to apply for ILR:

1) in Jan’ 2015 (assuming I can show that I am in UK since Jan' 2010 and was out of UK for less then 180 days to switch VISA

2) or Jan’ 2016: when I qualify 5 years on Tier 2 (general) visa

Thanks in advance for your help.

[swadhwani]

Please could someone suggest me on this?

[swadhwani]

Please could you someone review my case and suggest?

Thanks,

[swadhwani]

Please could someone kindly suggest?

[swadhwani]

Pls could someone suggest on this. Many thanks in advance.

[Amber]

See the guide (click).

[swadhwani]

Thanks for your reply. I have seen this guide, however I am unsure if I'll qualify for ILR in Jan'15 or in Jan'16 and looking for expert to review my unique situation.

[swadhwani]

Pls could someone help me on this.

SW

[swadhwani]

Bumping it to the top . Sorry but I need to understand the situation early to plan some personal stuff.

[swadhwani]

Could someone help me here...thanks,

[swadhwani]

Hi Guys - could you someone provide guidance.

[swadhwani]

Help!!!

[Amber]

You need to calm down, it would appear from 28 days before Jan 2015, assuming the other requirements were met.

[swadhwani]

Thanks everyone. My first visa was stamped on 30th December, 2009 and I entered the UK on 10 Jan, 2010 (within 90 day period). So should I apply for ILR on 28 days before first stamping i.e. on 02 Dec, 2014? I am planning to go for same day visa.

Thanks,
Sail

[Amber]

That's correct.

[swadhwani]

Thanks for your response. Is my understanding correct that UKBA let's you book appointment 6 weeks prior to interview date i.e. For 02/12 appointment I should try UKBA portal from 02/12- 28 days.

[Amber]

Yes.

[manci]

Your 153 day absence in 2010 doesn't seem to have been for a permitted reason therefore it broke continuity. See p20 in the document Amber provided the link for:

Absences must be connected to the applicant’s sponsored or permitted employment......

Your 5 year qualifying period ends in January 2016.

[swadhwani]

Thanks for your note. I did ask this specific question to UKBA (through FOI) and got the confirmation that I qualify for ILR in Jan, 15.


"If the person has been granted an Entry Clearance Visa before their previous leave to remain expired, the period will be considered as continuous period"

I provided all my specific details (exact date and reason) and they confirmed I will qualify for ILR in Jan' 2015.

Sail

[manci]

would be interested to read the FOI question you asked and the full answer you received

[swadhwani]

All,

I am approaching my application date fast (need to book appointment on 22/10). I would highly appreciate if someone could help me on my case. I am getting mixed advise.

Below is high level summary of my case:

• I first entered UK in Jan’2010 on Tier 2 (ICT) and was in UK until August’ 2010
• I was offered a job by a reputed company in, UK and went back to India in August' 2010 for holiday and applied for tier 2 general VISA stamping
• Applied for VISA in August’ 2010 in India, but that got refused as I did not produce 90 days bank statement (I went o India on cvacation)
• Reapplied for VISA (on new COS) in Dec’ 2010 and came back in UK on Tier 2 (General) visa in Jan'2011 which was valid till Jan'2014
• Renewed my VISA earlier this year and got the new VISA which is valid until Jan'2017

Based on my understanding of rules, as my first visa was stamped on 30th December, 2009 and I entered the UK on 10 Jan, 2010 (within 90 day period). So I should apply for ILR on 28 days before first stamping i.e. on 02 Dec, 2014? Can you confirm that? Also what's the fee you will charge for same day visa.

[swadhwani]

All,

I am approaching my application date fast (need to book appointment on 22/10). I would highly appreciate if someone could help me on my case. I am getting mixed advise.

Below is high level summary of my case:

• I first entered UK in Jan’2010 on Tier 2 (ICT) and was in UK until August’ 2010
• I was offered a job by a reputed company in, UK and went back to India in August' 2010 for holiday and applied for tier 2 general VISA stamping
• Applied for VISA in August’ 2010 in India, but that got refused as I did not produce 90 days bank statement (I went o India on cvacation)
• Reapplied for VISA (on new COS) in Dec’ 2010 and came back in UK on Tier 2 (General) visa in Jan'2011 which was valid till Jan'2014
• Renewed my VISA earlier this year and got the new VISA which is valid until Jan'2017

Based on my understanding of rules, as my first visa was stamped on 30th December, 2009 and I entered the UK on 10 Jan, 2010 (within 90 day period). So I should apply for ILR on 28 days before first stamping i.e. on 02 Dec, 2014? Can you confirm that?

[swadhwani]

Hello Team - I need to book an appointment next monday and therefore would highly appreciate if some gurus can provide guidance on my case. I am getting mixed advise and very nervous.

Thanks,

[t2ict]

Your second entry clearance as T2 General immigrant was not within the 28 days of your previous visa as T2 ICT, so effectively you've broken the continuity for ILR. Therefore, the Dec. 2015 would be the closest month you would be eligible for ILR in your case.

[swadhwani]

Thanks for your note. My first Tier 2 (ICT) visa has validity until 15/12/2010 and I got my new VISA Tier 2( General) on 16/12/2014.

I got following response from UKBA (against a FOI):

"If the person has been granted an Entry Clearance Visa before their previous leave to remain expired, the period will be considered as continuous period."

and on that basis, I believe I should qualify. Am I missing something?