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Established Staff ---10 Year ILR Route queries

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

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shiney
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Established Staff ---10 Year ILR Route queries

Post by shiney » Tue Apr 09, 2019 12:07 pm

Hello Everyone,

Been following few threads around these queries but there is a varition in my case hence putting it down to get some clarity.
I was granted entry in UK around Aug 2010 and after there there were three renewals and i have long term visa granted till Aug 2021. My wife joined me here in Oct 2010 and we had our daughter in UK in the Feb 2011.
Due to my wifes mother diagnosed with cancer i have to send my family back in Feb 2014, they used to visit me at times and i visited them regularly after 3-4 months duration not exceeding 2 weeks of stay.
My son was born in Feb 2017. After my mother in law recovered from her treatment we decided to bring my family back to UK again.
My family joined me again Sept 2017 and they are staying with me after that.

Now i have the following queries
1. By the rule which stands (not sure when it will change all of sudden) i should be eligible to apply for 10 Yrs ILR route in Aug 2020. Is this understanding correct ?
2. I have heard from couple of sources that people under my visa category has already applied for ILR and been sucessful. However i dont have any proof or heard directly from such people i am assuming it will be an hearsay. However my question is can i apply for ILR before Aug 2020 ?.
3. Can my family apply along with me or they will have have to wait complete five years ?. Can my daughter who was born here apply with me ?
4. Just in case if my wife has to wait for 5 years then what visa should she apply for?
5. Are there any other prepartion to be done apart from Life in the UK test to apply in this route ?
6. In one of the years 2013 i had to travel out of country(Amsterdam) for official purpose (i.e. i used to come to UK only on weekends), i am not sure whether it goes out of threshold but will this be an issue if my company gives a letter explaining this?.I was already paying tax in the UK ?


Thanks for taking the time to read through this.

Kind Regards,
Shiney

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CR001
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Re: Established Staff ---10 Year ILR Route queries

Post by CR001 » Tue Apr 09, 2019 12:25 pm

1. Yes, 10 years from the date you entered the UK not the visa issue date. You state what either of the dates are.

2. 10 years ILR is based on legal residence not any specific route. Many have had success and posted on the forum. Your case is not "unique" and not sure why you assume it is "hearsay"!!

3. No they cannot.. Long residence ILR does not permit dependents to apply for ILR with you. Each applicant must meet the requirments individually based on long residence. Your spouse and any children born abroad will have to switch to FLR M and meet the English and financial requirments. Your daughter born in the UK can register as British on form MN1 once you get your ilr.

4. Flr M spouse visa and include child born abroad.

5. Which route, ilr?? Liuk and English b1 and you must meet the absence limits.

6. No issue provided it is within the absence limit.
Char (CR001 not Casa)
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shiney
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Posts: 31
Joined: Tue Feb 16, 2016 2:25 pm

Re: Established Staff ---10 Year ILR Route queries

Post by shiney » Tue Apr 09, 2019 1:41 pm

Thanks for the prompt response CR001.

For point no 2 what i meant was,I am told that people got their ILR after coming in UK after Apr 2010 on an Tier 2 ICT visa well under 10 years.

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CR001
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Re: Established Staff ---10 Year ILR Route queries

Post by CR001 » Tue Apr 09, 2019 1:46 pm

shiney wrote:
Tue Apr 09, 2019 1:41 pm
Thanks for the prompt response CR001.

For point no 2 what i meant was,I am told that people got their ILR after coming in UK after Apr 2010 on an Tier 2 ICT visa well under 10 years.
Tier 2 ICT issued on or before 5th April 2010 qualified a migrant to apply for ILR based on 5 years residence. It is the date it was issued that is key.

Many ICT visa holders who got visas AFTER 6th April 2010, have switched to Tier 2 General and then successfully gained ILR after 5 years on Tier 2. Note that the ILR rules for 5 years PBS route and 10 years long residence route are different.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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