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Switching from Tier1 to Tier2 will not allow to go for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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tima
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Switching from Tier1 to Tier2 will not allow to go for ILR

Post by tima » Fri Feb 17, 2012 6:37 pm

HI
I came to know that If I switch to Tier2 from Tier1 now will not count for my stay period in UK and I cannot go for ILR. Is it true? Since when this rule is applies. My Tier1 visa stamping date is 31 Aug 2010

Lucapooka
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Location: Brasil

Post by Lucapooka » Fri Feb 17, 2012 8:20 pm

You are misinformed. It is permitted to aggregate time under Tier 1 (General) and Tier 2 (General) to complete five years.

tima
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Joined: Sun Feb 12, 2012 8:11 pm

Post by tima » Sat Feb 18, 2012 11:39 am

Thanks for clarification
I have gone through this statement "If you are on a Tier 2 Intra Company Transfer (ICT) visa this will no longer leads to permanent residence.".

Is Tier2 ICT is different from Tier2 General?.

vinny
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Post by vinny » Sat Feb 18, 2012 12:04 pm

See also Skilled workers.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tima
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Posts: 10
Joined: Sun Feb 12, 2012 8:11 pm

Post by tima » Sat Feb 18, 2012 12:32 pm

Thanks for the link. I see
"If you were already in the UK and you successfully applied to switch into Tier 2 (General) from another immigration category, you can remain here for a maximum of 3 years, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter. This period will begin on the start date given on the certificate of sponsorship. If your application was decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship."

Thus so for my case I spent 1 year on Tier1 and then If I switch to Tier2 and stay for maximum 3 then total will be 4 years so will not able to meet minimum 5 years requirement for permanent residence.

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Feb 18, 2012 4:50 pm

tima wrote:Thus so for my case I spent 1 year on Tier1 and then If I switch to Tier2 and stay for maximum 3 then total will be 4 years so will not able to meet minimum 5 years requirement for permanent residence.
...so then after the initial 3 years under Tier 2 you may extend (assuming your sponsor wishes to retain you) until you complete the aggregated five years that are necessary for ILR

tima
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Joined: Sun Feb 12, 2012 8:11 pm

Post by tima » Sun Feb 26, 2012 11:24 am

Hi Members,
Thanks for providing helpful resolution to my queries. I come up with one more question on my case. Once I switch to Tier2 G (from Tier1 G as failed to score necessary points) for my extension and passed 3 year minimum period. Can I switch back to Tier1 extension for my next extension provided I manage to score the required points.

vinny
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Posts: 33220
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Feb 26, 2012 11:37 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tima
Newly Registered
Posts: 10
Joined: Sun Feb 12, 2012 8:11 pm

Post by tima » Thu Mar 22, 2012 3:08 am

Lucapooka wrote:You are misinformed. It is permitted to aggregate time under Tier 1 (General) and Tier 2 (General) to complete five years.
I got the below information in the another conversion. I think Tier1 to Tier2 will not allow to go for ILR

I suppose so that there will be difficulty to get ILR as April2012 proposed changes is introducing a cooling off period of 12 months

http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

So, Tier1 to Tier 2 is a strict no,no if I want an ILR

Greenie
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United Kingdom

Post by Greenie » Thu Mar 22, 2012 8:18 am

tima wrote:
Lucapooka wrote:You are misinformed. It is permitted to aggregate time under Tier 1 (General) and Tier 2 (General) to complete five years.
I got the below information in the another conversion. I think Tier1 to Tier2 will not allow to go for ILR

I suppose so that there will be difficulty to get ILR as April2012 proposed changes is introducing a cooling off period of 12 months

http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

So, Tier1 to Tier 2 is a strict no,no if I want an ILR
this is for migrants who are already here under tier 2 and have spent 6 years in tier 2 without qualifying for ilr. They will not be allowed to extend beyond 6 years in that category and will need to spend 12. Months outside the UK before being able to come back under tier 2. This rule won't apply until 2016.

You need to properly read the information you are reading before jumping to an
Conclusions. You have been given the answer to your question and referred to the relevant law. If you are unsure then you should consult an immigration solicitor or advisor.

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