Combination of different categories to 5 yrs ILR.

[Ali313]

Hi , to all good evening to all Gurus on this forum.
Hope all doing well and in Good health, Stay Safe home. I need assistance regarding the combination of different immigration categories.

I have spent 3 years on Tier2 (G) visa and then Switched to Tier1 (Entrepreneur ).
If I spend 2 years on current Tier1 (entrepreneur) Visa , Would that eligible me for 5 years ILR ?
Thanks in Advance ...

[CR001]

No, it won't. It only works the other way round for combining tier 1 and tier 2, where tier 2 must be your most recent leave to remain.

For tier 1 want, you need 5 years residence and meet the requirements or 3 years tier 1 for the accelerated route.

As stated in the Immigration Rules Part 6a.

[Ali313]

Thanks for the prompt reply CR001,
I have a counter question ,
Why is it like this ... if I switched from Tier1 to Tier2 I can count the time for ILR 5 yrs . But if I switched to Tier 1 from Tier 2 why not count then ? As both categories if spent 5 Years On it separately applicant can be eligible to apply for ILR .

[secret.simon]

Why is it like this

That is going down a rabbit hole. Why is the sky blue? Why is the world the way it is?

Our opinions as to how similar the situations are is irrelevant. You are looking for an internal logic that does not exist. The Immigration Rules have been added to, amended and updated by different governments over time and there is no internal logic to them (I think that was mentioned in a court judgement, but I don't recall which one).

The Immigration Rules for Tier 1 and Tier 2 provide for different requirements for ILR. In the requirements for Tier 2(G), you are allowed to include years under certain visas, in Tier 1(E), there is no such provision.

See Immigration Rule 245DF for the requirements for ILR for Tier 1(E) applicants and Rule 245HF for the ILR requirements for Tier 2(G) applicants. In particular look at 245HF(b), which has no counterpart in 245DF.

[Ali313]

Thanks for the detail clarification.