ILR Help

[Mardavich]

Hi all,

Thanks in advance for reading this. Really would appreciate some help on the matter.

I came to the UK in September 2002 on a student visa and finished my masters in June 2006, I was lucky enough to get a job right away and received my work permit in June 2006. In November 2008 I applied for a Tier 1 General Visa and got it. I was made redundant due to the recession in February 2009. I attempted to change my career but I have technically been unemployed since as far as I am concerned. From Feb 2010 to August 2010 I worked at a self-employed position but I made no money so I don't think that counts. It is now August 2011 it will have been 2.5 years that I have been unemployed (as far as I'm concerned). I have been actively looking for a job since as far as back as Feb 2009 (Will have to check my e-mails but can confidently prove so from November 2009 onwards) and thankfully I finally got a job... I will be starting next week. What is the best way I can go about applying for ILR? I was thinking I would switch to a Tier 2 visa sponsored by my employer and then apply for ILR. If so, when could I apply for Indefinite leave after getting my Tier 2 visa? Would the gap in employment cause me problems? I have not broken any of the rules of being out of the country for too long and as far as I am aware there has never been a break in residency. Please help as currently my Tier 1 visa runs out in November and I'm getting nervous.

In summary:
Sep 2002 - June 2006 Student visa
June 2006 - November 2008 Work Permit
November 2008 - November 2011 Tier 1 Migrant visa
Feb 2009 redudant and unemployed since
Aug 2011 Tier 2 sponsored visa - Best course of action?
Can I apply for ILR? And When? Possible to do it before 10 year long residency?

Thanks in advance.

[Lucapooka]

The gap in employment (although not in fact a gap as you were self-employed) is not relevant to Tier 1, although it's unlikely you will have sufficient salary points to qualify for ILR. If you manage to switch into Tier 2 (and that is a big if) you can apply for ILR after you have made 10 years of residence in August 2012. The same applies if you can switch into Tier 4.

[Mardavich]

The gap in employment (although not in fact a gap as you were self-employed) is not relevant to Tier 1, although it's unlikely you will have sufficient salary points to qualify for ILR. If you manage to switch into Tier 2 (and that is a big if) you can apply for ILR after you have made 10 years of residence in August 2012. The same applies if you can switch into Tier 4.

Thanks for replying.

Agreed I won't have sufficient salary points to qualify for ILR directly.

Why is it a big if if I can switch into Tier 2 out of interest? And I heard that I can apply for ILR within 3 months of being on Tier 2 because I've been here for the necessary term of 5 years under work permit, Tier 1 and hopefully Tier 2. In any case, the best(only?) course of action is to switch into Tier 2?

Thanks again.

[Lucapooka]

It's a big if because you have no guarantee of finding a sponsor. You can apply for ILR 28 days before the end of your five year period and, yes, my mistake, you can apply for ILR if you switch into Tier 2 as that can be aggregated to your previous WP, and Tier 1 leave.

[Mardavich]

It's a big if because you have no guarantee of finding a sponsor. You can apply for ILR 28 days before the end of your five year period and, yes, my mistake, you can apply for ILR if you switch into Tier 2 as that can be aggregated to your previous WP, and Tier 1 leave.

Ok, my new employer has agreed to sponsor me so thankfully that should be ok.

So how soon after I get the Tier 2 can I apply for ILR? Immediately?

Thanks again, you've been very helpful.

[Lucapooka]

Have you checked to see if your job is on the list of professions for which it is possible to get a tier 2 visa? Have you looked to see if your salary is high enough to qualify?