Am I Eligible for Tier 1 (General) to ILR? - Any other Options ?

[ukindian2]

Hi
Here is my situation -
I am currently working for a Fortune 500 company as a permanent employee in Central London through Tier 1 General. I have been having valid UK Visas for last over 10 years since June 2007.

1. From 2011 January till date - I have been on Tier 1 (G) visa. I have been in and out till Jan 2015 due to outside country jobs but continuously been in UK ever since. It is expiring in March 2018.
2. From June 2009 - Jan 2011 - I have had Tier 2 (COS) but was out of UK
3. From 2007 June to 2009 June I had Company Workpermit and stayed in UK fully for 2 years

My Questions for your help
1. Since I have been having valid visas for over 10 years and stayed over 5 years in total in UK since 2007 (2007 June - 2009 June & 2015 Jan to 2018 March), can I apply for ILR
2. Since I am already continuing with a good job on Tier 1 paying all taxes, can I request for an exception with UK Home Office to extend it till I am eligible for ILR.
3. If none of the above two are possible, is it worth fighting legally with those points.
4. If its not worth fighting, what other options do I have to fill the gap of 1 yr 8 months for my eligibility of ILR.
5. I heard Tier 1 (Entrepreneur) or Tier 2 (General) are options. Do I need to have 200k or 50k for Entrepreneur visa.
6. Tier 2 (G) if my company is not ready, can I do it through others and still work this company.

Please advise with these or any other options as the time is short for me.

Thanks

[zimba]

1. Since I have been having valid visas for over 10 years and stayed over 5 years in total in UK since 2007 (2007 June - 2009 June & 2015 Jan to 2018 March), can I apply for ILR

But have you had 10 years of lawful residence ? You said you had long gaps in your stay.
Have you had gaps of 180 days or more ? Or the total absences or more than 540 days in the 10 years period ?? No criminal offence in the last 24 months ???

2. Since I am already continuing with a good job on Tier 1 paying all taxes, can I request for an exception with UK Home Office to extend it till I am eligible for ILR.

Tier 1G cannot be extended anymore. The route for applying for ILR under Tier 1G will be closed on 6 April 2018. So you need to act soon.
Have you had any absences of more than 180 days per year ?? Have you done self employment or any tax amendments ??

3. If none of the above two are possible, is it worth fighting legally with those points.
4. If its not worth fighting, what other options do I have to fill the gap of 1 yr 8 months for my eligibility of ILR.5. I heard Tier 1 (Entrepreneur) or Tier 2 (General) are options. Do I need to have 200k or 50k for Entrepreneur visa.

If you are not eligible under any route, you can either switch to another category or leave the UK before visa expiry. Apply for new visa from home and return within 180 days to preserve your lawful stay. Tier 1E visa is quite hard to get and usually requires 200K and a proper business plan

6. Tier 2 (G) if my company is not ready, can I do it through others and still work this company.

You can switch to Tier 2 if you find a sponsor

[CR001]

1. Since I have been having valid visas for over 10 years and stayed over 5 years in total in UK since 2007 (2007 June - 2009 June & 2015 Jan to 2018 March), can I apply for ILR

You seem to be misunderstanding the 10 year ILR route. It is not about having '10 years of valid visas' but have 10 years residence with no more than the allowed absence, which you don't meet as you were absent for 2 years.

6. Tier 2 (G) if my company is not ready, can I do it through others and still work this company.

You cannot be sponsored by 'another' company and continue working for your current employer. Contracting is NOT permitted on Tier 2 General. You are only allowed to work through PAYE for your Tier 2 sponsor.

[ukindian2]

Thanks a lot to both zimba & CR001.

To answer your points

But have you had 10 years of lawful residence ? You said you had long gaps in your stay.
Have you had gaps of 180 days or more ? Or the total absences or more than 540 days in the 10 years period ?? No criminal offence in the last 24 months ???

I do have gaps of 180 days and over 540days of absence till Dec 2014 but not later. And I have no criminal offence ever.

Tier 1G cannot be extended anymore. The route for applying for ILR under Tier 1G will be closed on 6 April 2018. So you need to act soon.
Have you had any absences of more than 180 days per year ?? Have you done self employment or any tax amendments ??

As said above I have absences more than 180 days before 2014 but continuously here after that. I haven't done self employment. And I dont know what tax amendments mean but I guess I haven't done any.

If you are not eligible under any route, you can either switch to another category or leave the UK before visa expiry. Apply for new visa from home and return within 180 days to preserve your lawful stay. Tier 1E visa is quite hard to get and usually requires 200K and a proper business plan

I read from our site and posts that there is 50k option for Tier 1E. Could you help elaborate it a bit.

CR001 - Thanks. I now understand - you are absolutely right about my 10 year and Tier 2 (G).

My main query & concern is - What options does Home Office gives to continue here for people like me as I always had valid visa for over 10 years and due to job situations I had been out. Now that I have a standard non-travelling job within UK and I am only short by less than 2 years for ILR, do they expect me to lose my current job and leave the country without any consideration. Or Can they treat me as one genuine case and allow for any exceptions. Because I cant spend 200k as well as seems to be complicated or Tier 2 (G) is not an option to continue same job.

Thanks

[CR001]

I read from our site and posts that there is 50k option for Tier 1E. Could you help elaborate it a bit.

The £50k route has very specific requirements regarding funds. Suggest have a look at link below.
https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds

My main query & concern is - What options does Home Office gives to continue here for people like me as I always had valid visa for over 10 years and due to job situations I had been out. Now that I have a standard non-travelling job within UK and I am only short by less than 2 years for ILR, do they expect me to lose my current job and leave the country without any consideration. Because I cant spend 200k as well as seems to be complicated or Tier 2 (G) is not an option to continue same job.

You need to forget about the 'valid visa for over 10 years', it is completely irrelevant. You DO NOT have 10 years RESIDENCE, which is what the main thing is.

HO follow the rules. You have the option to switch into Tier 2 or Tier 1 Ent if you have the funds. Why can your current employer not sponsor your on Tier 2? Have you asked them??

Or Can they treat me as one genuine case and allow for any exceptions.

Sorry, no. There are no special 'exceptions' or any special treatment. You need to find a visa you qualify for and apply for it. Without having 10 years residence, you won't even qualify for the private life route.

Do you have dependents in the UK?

[ukindian2]

Hi CR001
Truly appreciate quick reply.

HO follow the rules. You have the option to switch into Tier 2 or Tier 1 Ent if you have the funds. Why can your current employer not sponsor your on Tier 2? Have you asked them??

Haven't asked them yet as I am not sure if its their policy. They initially employed me as there was no need for investing on Visa. Also, that binds me to them. But I planned to request them as last option after having advises from here. I shall do and inform how it goes.

Do you have dependents in the UK?

No, I am single here. Does that make any difference?

The £50k route has very specific requirements regarding funds. Suggest have a look at link below.
https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds

Thanks. But this Tier 1(E) is very confusing to me, firstly, between 50k and 200k. Also, if I try and eventually get one of these, is it possible for me to continue my job on Tier 1(E) while showing business as per that visa?

Regards

[CR001]

Haven't asked them yet as I am not sure if its their policy. They initially employed me as there was no need for investing on Visa. Also, that binds me to them. But I planned to request them as last option after having advises from here. I shall do and inform how it goes.

The simplest way to find out if they are an approved sponsor is to see if they are on HO's list here (click). Your best option, to apply for ILR based on 5 years residence which will include Tier 1 General, is to apply for Tier 2 General.

No, I am single here. Does that make any difference?

No, makes no difference. Was only asking as if you had a spouse, you could maybe see if the spouse could get a Tier 2 General and you switch to PBS dependent but this would reset your clock for ILR (based on 5 years) to zero.

Thanks. But this Tier 1(E) is very confusing to me, firstly, between 50k and 200k. Also, if I try and eventually get one of these, is it possible for me to continue my job on Tier 1(E) while showing business as per that visa?

No you cannot be employed by your current employer if you get this visa. The rules prohibit it. You can only work for your own business which you have to start and set up and meet the requirements re employing people etc.

[ukindian2]

Wow. That was super quick . Thanks a lot.

Now I am getting clarity on way forward.

The simplest way to find out if they are an approved sponsor is to see if they are on HO's list here (click). Your best option, to apply for ILR based on 5 years residence which will include Tier 1 General, is to apply for Tier 2 General.

Yeah. Will approach them and see how it goes. That link was so helpful. I could find my company and it has Tier Rating - Tier 2 (A Rating) with subtier - Tier 2 (General).

No, makes no difference. Was only asking as if you had a spouse, you could maybe see if the spouse could get a Tier 2 General and you switch to PBS dependent but this would reset your clock for ILR (based on 5 years) to zero.

This is interesting. Are you suggesting that even if I happen to find ILR/British/EEA partner/spouse, my current 3+ years stay will be lost and have to be a dependent for 5 years again?

No you cannot be employed by your current employer if you get this visa. The rules prohibit it. You can only work for your own business which you have to start and set up and meet the requirements re employing people etc.

This is definitely not an option then. I have a very good job that I dont want to leave now. At most I want to get a better job.

Cheers

[CR001]

Yeah. Will approach them and see how it goes. That link was so helpful. I could find my company and it has Tier Rating - Tier 2 (A Rating) with subtier - Tier 2 (General).

This really would be the most sensible option to be honest. You would need a CoS and your employer will need to do RLMT if your job is not on the shortage occupation list. You would also need a minimum of £30,000per salary or if the salary in the CoS is higher, then you must be paid the higher limit. You can apply for a 2, 3 or 5 year visa. You will also have to pay the visa fees and Immigration health surcharge.

This is interesting. Are you suggesting that even if I happen to find ILR/British/EEA partner/spouse, my current 3+ years stay will be lost and have to be a dependent for 5 years again?

Correct yes. Also please note that the EU route has completely different rules and do not fall under the UK immigration rules. The EU route is a bit unsure at the moment due to Brexit.

[ukindian2]

Very helpful with all the information.

This really would be the most sensible option to be honest. You would need a CoS and your employer will need to do RLMT if your job is not on the shortage occupation list. You would also need a minimum of £30,000per salary or if the salary in the CoS is higher, then you must be paid the higher limit. You can apply for a 2, 3 or 5 year visa. You will also have to pay the visa fees and Immigration health surcharge.

I decided to approach them. What RLMT and is there shortage list handy to share please. Salary is not a problem and 2 or 3 year visa should be enough I believe as I am just short of 1yr 9months for ILR and I guess I am eligible so apply for ILR 3 months in advance which means I need extension for 1yr 6months.

And the visa fees/immigration health surcharge - should I pay or employer pays.

Correct yes. Also please note that the EU route has completely different rules and do not fall under the UK immigration rules. The EU route is a bit unsure at the moment due to Brexit.

Very useful Info. No point trying that option and losing 3yr 3months of my current stay even if I really find one

One last question please, before I take a pause and reach the employer:-

Is it worth contacting the HO explaining my genuine case for any positive response or options they suggest other than Tier 2? And if I contact, is it advisable to contact as random guy or with full profile. I heard people do contact HO regularly and get helpful or even positive responses. You may have seen such cases. Please advise

Cheers

[CR001]

I decided to approach them. What RLMT and is there shortage list handy to share please. Salary is not a problem and 2 or 3 year visa should be enough I believe as I am just short of 1yr 9months for ILR and I guess I am eligible so apply for ILR 3 months in advance which means I need extension for 1yr 6months.

RLMT - Resident Labour Market Test - to prove to HO that there is no settled/BC or EU citizen available/suitable to do the job. Very important that the RLMT is not manipulated to favour you and exclude all other. Google Search : Shortage Occupation List (click). The visa will be granted for however long your CoS is, usually minimum is 2 years.

And the visa fees/immigration health surcharge - should I pay or employer pays.

You pay the visa fee and immigration health surcharge.

One last question please, before I take a pause and reach the employer:-

Is it worth contacting the HO explaining my genuine case for any positive response or options they suggest other than Tier 2? And if I contact, is it advisable to contact as random guy or with full profile. I heard people do contact HO regularly and get helpful or even positive responses. You may have seen such cases.

You don't have a case for any exceptions unfortunately, you do not have 10 years lawful residence and Tier 1 General route is closed, there are no exceptions to this. You will simply be told to find a visa you believe you qualify for. Also, the call centre very often (mostly) gives out incorrect information and they take no responsibility for it. We understand the call centre is a third party agent.

[ukindian2]

Thanks CR001. Your advise was really helpful within such a short time to take next best steps. TC.

I shall reply back as I progress in case this helps others.

Cheers

[CR001]

Feel free to ask any further questions you might have in this thread.

Good luck.

[ukindian2]

Hi CR001 et al
I am back again with some update and seeking further advise.

I spoke to my company and though they haven't denied sponsoring yet they confirmed its not company policy to sponsor visas and would get back to me in a week.

So, I seem to be having only two options if that doesn't go through.

1. Tier 1 (E).
2. Tier 2 (G) with some sponsoring company

Could you advise on each of these.

1. Tier 1 (E) -
a. Can I use already stayed period of Tier 1(G) together with Tier 1(E) to get my ILR. In my case, I have 3+ years continuous stay till now and if I get 2 years of Tier 1(E) will it suffice or will the clock restart with Tier 1(E)
b. What is the difference between Access to 50k vs Access to 200k. I read in the site for 50k as below. But what does each of these mean.
- a UK entrepreneurial seed funding competition endorsed by the Department for International Trade (DIT)
- a UK government department making funds available for the purpose of setting up or expanding a UK business
- a venture capital firm registered with the Financial Conduct Authority (FCA)

2. Tier 2 (G) - Any further advise on getting this through a sponsor.

Thanks

[Wanderer]

Forget T1(E) - you need to be a go-ahead proactive person with drive and ambition and the resolve to carry it through with no hand-folding. To be honest you don't seem to be that type of person.

T2(G) you need to drive it youself and keep plugging away, there are no shortcut or tips anyone can help you with, just be persistent.

[ukindian2]

Thanks Wanderer. But I didnt understand what you mean by

drive and ambition and the resolve to carry it through with no hand-folding

I am ready to do anything needed. And the other question.. Can I use current Tier 1(G) stay together with Tier 1(E).

[makky86]

Thanks Wanderer. But I didnt understand what you mean by

drive and ambition and the resolve to carry it through with no hand-folding

I am ready to do anything needed. And the other question.. Can I use current Tier 1(G) stay together with Tier 1(E).

Worth reading the guides and googling