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ILR Qualification for Global Talent Visa and time spent on Tier 2 General

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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GrimAI
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ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by GrimAI » Wed Jun 30, 2021 7:13 am

Hi,

I am interested in switching to a Global Talent Visa for Exceptional Talent. I know that the visa allows ILR to be filed after 3 years and past time spent on Tier 2 General visa can be used. I was just wondering if I would be eligible. My visa history is below.

Tier 2 General from 2016-2019 (3 years). Tier 4 from 2019-2021. Tier 2 General from 2021 onwards.

If the switch for a Global Talent Visa were successful, would I be able to use the Tier 2 General time from 2016-2019 towards the ILR qualification and file for ILR asap if I receive the Global Talent Visa?

Or would I only be able to use the Tier 2 General time from 2021?

Thank you!

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CR001
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Re: ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by CR001 » Wed Jun 30, 2021 7:16 am

would I be able to use the Tier 2 General time from 2016-2019 towards the ILR qualification and file for ILR asap if I receive the Global Talent Visa?
No.
Or would I only be able to use the Tier 2 General time from 2021?
Yes.
Char (CR001 not Casa)
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GrimAI
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Re: ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by GrimAI » Wed Jun 30, 2021 7:39 am

CR001 wrote:
Wed Jun 30, 2021 7:16 am
would I be able to use the Tier 2 General time from 2016-2019 towards the ILR qualification and file for ILR asap if I receive the Global Talent Visa?
No.
Or would I only be able to use the Tier 2 General time from 2021?
Yes.
Ah bummer! Thanks for the quick reply! I was trying to find guidance but couldn't find anything, hence posting here.

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CR001
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Re: ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by CR001 » Wed Jun 30, 2021 7:48 am

You need to meet the qualifying period with holding qualifying visas continuously. Your tier 4 visa broke that and is not a qualifying visa.
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Re: ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by GrimAI » Wed Jun 30, 2021 7:55 am

CR001 wrote:
Wed Jun 30, 2021 7:48 am
You need to meet the qualifying period with holding qualifying visas continuously. Your tier 4 visa broke that and is not a qualifying visa.
Makes sense. Assuming that's the case even though I switched Visas within the UK?

Btw, is there Home Office guidance on this? I searched through the website but couldn't find much. I believe you but just want to double check the exact wording.

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CR001
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Re: ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by CR001 » Wed Jun 30, 2021 8:08 am

It is stated in the immigration rules, para GT 11.1, ie the new skilled worker visa which replaced tier 2 General. It makes no difference about switching within the UK. You need 3 years continuous residence in a qualifying visa.

https://www.gov.uk/guidance/immigration ... bal-talent
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Re: ILR Qualification for Global Talent Visa and time spent on Tier 2 General

Post by GrimAI » Wed Jun 30, 2021 8:14 am

CR001 wrote:
Wed Jun 30, 2021 8:08 am
It is stated in the immigration rules, para GT 11.1, ie the new skilled worker visa which replaced tier 2 General. It makes no difference about switching within the UK. You need 3 years continuous residence in a qualifying visa.

https://www.gov.uk/guidance/immigration ... bal-talent
Thanks so much! I read through that but I didn't realize that continuous residence only referred to specific visa types and unbroken at that (which I now understand after looking at the Home Office guidance about it)

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