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ILR for a Turkish national who came to the UK on Tier 1

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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Sky_is_the_limit
Newly Registered
Posts: 4
Joined: Sat Jul 16, 2011 12:12 pm
Location: London

ILR for a Turkish national who came to the UK on Tier 1

Post by Sky_is_the_limit » Sat Jul 16, 2011 12:58 pm

Hello Friends,

I seem to have a rather complex matter in hand to solve and appreciate your kind input. Thanks for your time, in advance :)

The story is :

I was invited by my global company to take a position here in the UK in 2006 and I got a Tier 1 (Intra-Company Transfer) work permit for two years (as per my initial employment contract), starting Jan 2007 and my wife also joined me in this relocation as a dependant.

Things went well for us and my company decided to extent my stay further. When I was due to renew this initial two-year long Tier-1 permit in late 2008, due to the fact that it was the transition period in the UK Border Agency in legislation changes then (at least I was told by my HR department here), we were advised by them to go down the Turkish employee route which, we were told, would have been much easier and quicker despite the fact that we were in good time applying for this extension.

Nevertheless, I was given a simple application form to sign and that was that. We were granted another year, then another and recently 3 more years which will see us through Feb 2014.

Having talked to a friend of mine who had his British Citizenship the other year, I realised that I should get myself ready for the British Citizenship application as I would now have 6 months to go to fulfill the '5 year threshold'. But having a quick glance at UKBA pages the other day, I understand that I need to solve my problem of being switched into Turkish employee status without myself being, at all, informed the potential immigration rights I was then to lose.

So the question is (and by the way, we are expecting a baby in Feb' 2012 which is another dimension to the matter I guess :)):

- Tier 1 (Intra-Group Company Transfer) was granted in Dec 2006.
- Switch was advised for a speedy solution by the UKBA to my HR department and me, without knowing what I was to lose (ILR > British Citizenship by 2012), signed that off believing that when the calendars hit 2012, I would be applying for ILR > British Citizenship in any case.
- My role is still continuing in the same company with an increased role (now even developed into a European/Global one),
- We live in the same house, I mean everything is the same, if not improved, but the form of my visa in the UK seems to have been diminished with some improper and unthoughtful advice which I obviously followed, by my signature on the application form, but I can in all honesty say that I acted on good faith and with genuine goodwill.

At this point, I'd seek your kind input as to how I should tackle this problem and secure that I don't have to wait 10 years only to get the ILR.

Best Regards,

Sky_is_the_limit

timarli
Junior Member
Posts: 63
Joined: Thu Feb 17, 2011 2:03 pm

Post by timarli » Sat Jul 16, 2011 2:00 pm

I'm sorry mate, I don't think you will be able to apply for ILR this year.

Turkish Worker Visa holders are not eligible to ILR. But if you have been employed for 3 years then you can work for any employer provided that you do the same job and after 4th year you can work for any one in any type of work. Basically you'll be exempt from immigration restrictions in terms of employement ofc.

I know that the TW visa holders are hoping to get ILR under "10 years lawful residence" sbut since the visa itself is introduced a couple of years ago, I haven't heard anyone getting one yet.

Sorry negative comments, but I'd advise checking it with an expert as I'm not an expert. Maybe there's a way around...

Good luck

Aryan2013
Member of Standing
Posts: 303
Joined: Sat Mar 19, 2011 7:49 pm

Post by Aryan2013 » Sat Jul 16, 2011 6:21 pm

timarli wrote: I know that the TW visa holders are hoping to get ILR under "10 years lawful residence" sbut since the visa itself is introduced a couple of years ago, I haven't heard anyone getting one yet.

Good luck
I am not sure how long this Long Residence rule can survive, given the govt. has made its intentions clear!!

http://www.immigrationboards.com/viewtopic.php?t=82340

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