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5 year residence - combining categories?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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f1silver
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5 year residence - combining categories?

Post by f1silver » Mon Jul 31, 2017 11:45 am

In Nov. 2011 I was granted a Tier 2 (General) visa sponsored by my employer. However I gave that up in April 2013 and applied and re-entered on a Tier 1 (General) dependant visa. This was renewed in Dec. 2015 when my husband got his ILR and eventually his citizenship.

Now my current Tier 1 dependant visa runs out in Dec. 2017. From what I have always been told is that I reset my clock in 2013 and I can only apply for the ILR in April 2018. However, I keep coming across rules that sound like I might be able to combine my Tier 2 stay. Is that correct? Can I apply for the ILR now or do I have to go for a PBS dependant renewal again?

FYI... I have been living in UK since August 2008 first on a student visa, then on post-study work before my employer sponsored me in 2011. I know those don't count.

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CR001
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Re: 5 year residence - combining categories?

Post by CR001 » Mon Jul 31, 2017 11:53 am

However, I keep coming across rules that sound like I might be able to combine my Tier 2 stay. Is that correct?
Which rules exactly are you referring to for ILR based on 5 years residence??
Can I apply for the ILR now or do I have to go for a PBS dependant renewal again?
You must have 5 years residence as Tier 1 General dependent to qualify for ILR. You cannot combine the time you held a Tier 2 General main applicant visa towards the 5 years. You will have to apply for an extension. Combing different visa categories is ONLY permitted for ILR based on 10 years long residence.
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f1silver
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Re: 5 year residence - combining categories?

Post by f1silver » Mon Jul 31, 2017 12:07 pm

Which rules exactly are you referring to for ILR based on 5 years residence??
I saw something on an immigration advisor's website, but I guess it might just be click bait. weblink removed by moderator if you want to have a look. Thanks for clarifying.

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zimba
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Re: 5 year residence - combining categories?

Post by zimba » Mon Jul 31, 2017 12:11 pm

NO you cannot. Immigration rules are very clear that you need 5 years on PBS dependant to get ILR and you cannot combine it with other visas
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: 5 year residence - combining categories?

Post by CR001 » Mon Jul 31, 2017 12:12 pm

You have misunderstood what it and the rules say.

You can combine Tier 2 General and Tier 1 General MAIN visa holder time.

It does not say you can combine Tier 2 General main visa holder time with Tier 1 General Dependent time.
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f1silver
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Re: 5 year residence - combining categories?

Post by f1silver » Mon Jul 31, 2017 1:04 pm

Understood. Thanks for clarifying.

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Re: 5 year residence - combining categories?

Post by jonser » Mon Jun 25, 2018 5:15 am

Hi,
I have just seen this thread and want to clarify that this is really true. Can I combine the 2 years I spent on Tier 2 general main applicant with Tier 1 entrepreneur which would be 3 years in December? I had been thinking it was not possible and was planning to just renew my entrepreneur visa in December. Please confirm this as it will change a lot for me.

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CR001
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Re: 5 year residence - combining categories?

Post by CR001 » Mon Jun 25, 2018 7:43 am

jonser wrote:
Mon Jun 25, 2018 5:15 am
Hi,
I have just seen this thread and want to clarify that this is really true. Can I combine the 2 years I spent on Tier 2 general main applicant with Tier 1 entrepreneur which would be 3 years in December? I had been thinking it was not possible and was planning to just renew my entrepreneur visa in December. Please confirm this as it will change a lot for me.
Kindly keep to your own topic. This poster from master has different circumstances to you.
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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