Post
by andie » Tue Mar 03, 2009 8:16 pm
Vinny,
I have checked the pargraphs, being:
245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an Innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist.
(c) The applicant must be economically active in the UK, in employment or self-employment or both.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
question, it says the most recent period must have been under tier 1 (general 1), which in my case would mean that I first should apply for Tier 1 (general) and once I get it apply for ILR.
Now, the most recent status should be tier 1 (general) and the rest made of "(list above)" but the list doesn't mention student or Tier 1 (post study work).
It doesn't mention PSW or student visa.
Let's put as an example I apply for ILR a year after I am granted my Tier 1 (general), the last 5 years (from oldest to most recent) would be:
2 years with a student visa
1 year with IGS
1 year with Tier 1 (post study)
1 year Tier 1 (general)
These would be my last 5 years. According to the paragraphs you recommended me to read, I wouldn't be able to apply as 4 of the 5 years have been spent as student and then IGS and PSW (wich are not in the list).
Am I right or perhaps I am missing something.
VInny, if you can reply or any other one, it would be greatly appreciated.
Andie