ILR - 5 year residency

[Skdba]

Dear members

Here is my situation:
Initially came to UK on Tier 2 (ICT)
Visa Issued: 8 Dec 2010
Arrived in the UK: 23 Dec 2010

Applied for Tier 1 General on 5 April 2011. Got the Tier 1 on July 7 2011

I understand that Tier 2 (ICT) ceased to be a route to settlement in April 2010, so the period on that visa cannot be counted towards the 5 years. However, I spent very little time on it before switching. How well defined are these rule?

Based on these dates, the fact on rule change, and using the 90 day concession and 28 day rule, when can I apply for ILR?

Thanks
S

[CR001]

If you switched to Tier 1 G within the UK, you can apply no sooner than 28 days before the Tier 1 G visa issue date. So within 28 days before 7th July 2016.

The 90 day concession DOES NOT apply if you applied for Tier 1 G in the UK.

Did you have a any self employment while on Tier 1 G? If so, are all your tax affairs up to date?

How well defined are these rule?

Very defined, no discretion.

[Skdba]

Understood. I wish they would consider such a case as I have lawfully spent five years in the country. Was told by HR it was safe to do but seems like extra six month wait.

I am employed so taxes are upto date.

[O_Relly]

I understand that Tier 2 (ICT) ceased to be a route to settlement in April 2010, so the period on that visa cannot be counted towards the 5 years.

It did, however, if time spent on Tier 2 (ICT) was prior to the new rule in place ie., 6th April 2010, then that time may count towards your qualifying residency period for ILR.

Read 245CD(c)(viii)

See also quote below from here,

the following sub-categories of the points-based system:
o Tier 1 (Exceptional talent) (paragraph 245BF)
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HF)
o Tier 2 (Intra-company transfers) (ICT) granted under the rules in place before 6 April
2010 (paragraph 245GF)
o Tier 5 (International agreement) – private servants in diplomatic households granted
entry under rules in place before 6 April 2012 only (paragraph 245 ZS).

See also Tier 1 (General) visa

You can no longer apply or extend Tier 1 (General) visas. Family members can still apply to join you in the UK.