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ILR clock during visa switch

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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ckayay
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Tier 2 cooling period and ILR

Post by ckayay » Thu Feb 11, 2021 9:21 am

Hi all

I am on Tier 2 general for the last 2,5 years. Assume, if I loose my Job and in the given 2 month period, I can't switch to Skilled Worker visa, I will have to leave the country. Per new rule, there is no cooling period for Tier 2/Skilled Worker visa. Within the 6 months after I left, If I land another Skilled Worker visa in UK, can I apply to ILR after 2 years as I have been out of the country less than 6 months in any given year? Or the clock will tick from day 1 again?

Thanks
CK

Khaled33
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Re: Tier 2 cooling period and ILR

Post by Khaled33 » Thu Feb 11, 2021 9:45 am

there's no such a thing as a cooling period anymore. You can switch to the Skilled worker route whenever you want.
Under the skilled worker route, migrates cannot take unpaid leave for longer than 4 weeks. So no, you cannot leave for 6 months unless you are working from overseas and you are fully paid and your employer has notified the HO

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Re: Tier 2 cooling period and ILR

Post by ckayay » Sun Feb 28, 2021 10:16 pm

Thanks for the reply. But I was asking if I loose my Job and being asked to leave the country as my existing Tier 2 visa is curtailed. Then, after some time (3 months), I found another employer who can sponsor me with Skilled Worker visa. Can I apply the ILR by combining the two visa durations?

"You are allowed to spend time outside of the UK so long as these periods of absence do not exceed 6 months at any one time. It does not matter how much time you spend outside of the UK in total during the required 5-year continuous residence period provided you return each time after a maximum of 6 months."

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zimba
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Re: Tier 2 cooling period and ILR

Post by zimba » Sun Feb 28, 2021 11:49 pm

Yes, you can. Time spent under old Tier 2 General counts under Skilled Worker
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ckayay
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Re: Tier 2 cooling period and ILR

Post by ckayay » Tue Mar 23, 2021 10:35 am

Thanks

ckayay
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ILR clock during visa switch

Post by ckayay » Tue Mar 23, 2021 10:46 am

Hi All

I had UK ECAA Turkish Business Person visa on 13/06/2018 and I entered UK on that date.
Then, shortly after I got out of UK to switch to Tier 2 General (30/08/2018) and entered in UK on that date again.

I assume, the ILR clock starts at 13/06/2018 rather than 30/08/2018?

Many Thanks

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CR001
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Re: ILR clock during visa switch

Post by CR001 » Tue Mar 23, 2021 10:49 am

Your ilr clock starts from the date your tier 2 general visa was issued as far as I am aware.
Char (CR001 not Casa)
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