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ILR application for ET

Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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smartinventor
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ILR application for ET

Post by smartinventor » Tue Sep 08, 2020 11:48 am

Dear All,

I need your help with my situation, I'm preparing my ILR application but I don't know if I can submit my application now or I have to wait, I've been in 2 different types of visas since arrived at the UK please see below:

1) Tier1 Graduate Entrepreneur (Dependent on my husband) visa issued Aug 2016 (It was a sticker on my passport).

2) Enter the UK on Nov 2016 (No BPR card obtained only used same visa sticker I had on my passport).

3) Switched to Teir1 Exceptional talent visa (Dependent on my husband) issued on June 2016 and will expire on June 2021.

I had completed 5 years since I have the first visa Tier1 Graduate Entrepreneur (Dependent) but I enter the UK on Nov 2016 so the counter will start once I enter the UK? or when I got the first visa?

Thank you very much

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CR001
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Re: ILR application for ET

Post by CR001 » Tue Sep 08, 2020 12:45 pm

Thought you were overseas and only applying for Tier 1 ET visa in June 2020??

https://www.immigrationboards.com/uk-ti ... l#p1908722
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smartinventor
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Re: ILR application for ET

Post by smartinventor » Tue Sep 08, 2020 12:51 pm

Applogise for the confusion, that post was for my dad as he wanted to know the answer so I volntered to post this question on his behalf, sorry I had to mention that earlier.

smartinventor
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Re: ILR application for ET

Post by smartinventor » Tue Sep 08, 2020 2:30 pm

smartinventor wrote:
Tue Sep 08, 2020 11:48 am
Dear All,

I need your help with my situation, I'm preparing my ILR application but I don't know if I can submit my application now or I have to wait, I've been in 2 different types of visas since arrived at the UK please see below:

1) Tier1 Graduate Entrepreneur (Dependent on my husband) visa issued Aug 2016 (It was a sticker on my passport).

2) Enter the UK on Nov 2016 (No BPR card obtained only used same visa sticker I had on my passport).

3) Switched to Teir1 Exceptional talent visa (Dependent on my husband) issued on June 2016 and will expire on June 2021.

I had completed 5 years since I have the first visa Tier1 Graduate Entrepreneur (Dependent) but I enter the UK on Nov 2016 so the counter will start once I enter the UK? or when I got the first visa?

Thank you very much
Can you please reply to my question - thanks

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marcnath
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Re: ILR application for ET

Post by marcnath » Tue Sep 08, 2020 4:36 pm

smartinventor wrote:
Tue Sep 08, 2020 11:48 am
Dear All,

I need your help with my situation, I'm preparing my ILR application but I don't know if I can submit my application now or I have to wait, I've been in 2 different types of visas since arrived at the UK please see below:

1) Tier1 Graduate Entrepreneur (Dependent on my husband) visa issued Aug 2016 (It was a sticker on my passport).

2) Enter the UK on Nov 2016 (No BPR card obtained only used same visa sticker I had on my passport).

3) Switched to Teir1 Exceptional talent visa (Dependent on my husband) issued on June 2016 and will expire on June 2021.

I had completed 5 years since I have the first visa Tier1 Graduate Entrepreneur (Dependent) but I enter the UK on Nov 2016 so the counter will start once I enter the UK? or when I got the first visa?

Thank you very much
There is a bit of a grey area. The immigration rules specifies that you should have been living IN the UK for five years to be eligible, so it is Nov 2016.

However, the guidance for calculation of continuous period (https://assets.publishing.service.gov.u ... gov-uk.pdf) does not differentiate between the main applicant and the dependant and specifies that the period between grant of visa and entry can be counted towards the continuous period.
And there seems to have been many cases where the issue date of the visa has been accepted. Of course, Aug to Nov will count towards absence days.

So, you can apply based on Aug, but if it is not critical, the less riskier approach is to use entry date for dependants.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

smartinventor
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Re: ILR application for ET

Post by smartinventor » Thu Sep 10, 2020 2:49 pm

Many thanks for the answer it's helpful indeed.
So (Tier1 Graduate Entrepreneur (Dependent) will be counted period towards ILR? I think it's different than Tier1 Graduate Entrepreneur (main applicant) as I was reading not possible to count their period

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