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5 year residence - combining categories?
Posted: Mon Jul 31, 2017 11:45 am
by f1silver
In Nov. 2011 I was granted a Tier 2 (General) visa sponsored by my employer. However I gave that up in April 2013 and applied and re-entered on a Tier 1 (General) dependant visa. This was renewed in Dec. 2015 when my husband got his ILR and eventually his citizenship.
Now my current Tier 1 dependant visa runs out in Dec. 2017. From what I have always been told is that I reset my clock in 2013 and I can only apply for the ILR in April 2018. However, I keep coming across rules that sound like I might be able to combine my Tier 2 stay. Is that correct? Can I apply for the ILR now or do I have to go for a PBS dependant renewal again?
FYI... I have been living in UK since August 2008 first on a student visa, then on post-study work before my employer sponsored me in 2011. I know those don't count.
Re: 5 year residence - combining categories?
Posted: Mon Jul 31, 2017 11:53 am
by CR001
However, I keep coming across rules that sound like I might be able to combine my Tier 2 stay. Is that correct?
Which rules exactly are you referring to for ILR based on 5 years residence??
Can I apply for the ILR now or do I have to go for a PBS dependant renewal again?
You must have 5 years residence as Tier 1 General dependent to qualify for ILR. You cannot combine the time you held a Tier 2 General main applicant visa towards the 5 years. You will have to apply for an extension. Combing different visa categories is ONLY permitted for ILR based on 10 years long residence.
Re: 5 year residence - combining categories?
Posted: Mon Jul 31, 2017 12:07 pm
by f1silver
Which rules exactly are you referring to for ILR based on 5 years residence??
I saw something on an immigration advisor's website, but I guess it might just be click bait.
weblink removed by moderator if you want to have a look. Thanks for clarifying.
Re: 5 year residence - combining categories?
Posted: Mon Jul 31, 2017 12:11 pm
by zimba
NO you cannot. Immigration rules are very clear that you need 5 years on PBS dependant to get ILR and you cannot combine it with other visas
Re: 5 year residence - combining categories?
Posted: Mon Jul 31, 2017 12:12 pm
by CR001
You have misunderstood what it and the rules say.
You can combine Tier 2 General and Tier 1 General MAIN visa holder time.
It does not say you can combine Tier 2 General main visa holder time with Tier 1 General Dependent time.
Re: 5 year residence - combining categories?
Posted: Mon Jul 31, 2017 1:04 pm
by f1silver
Understood. Thanks for clarifying.
Re: 5 year residence - combining categories?
Posted: Mon Jun 25, 2018 5:15 am
by jonser
Hi,
I have just seen this thread and want to clarify that this is really true. Can I combine the 2 years I spent on Tier 2 general main applicant with Tier 1 entrepreneur which would be 3 years in December? I had been thinking it was not possible and was planning to just renew my entrepreneur visa in December. Please confirm this as it will change a lot for me.
Re: 5 year residence - combining categories?
Posted: Mon Jun 25, 2018 7:43 am
by CR001
jonser wrote: ↑Mon Jun 25, 2018 5:15 am
Hi,
I have just seen this thread and want to clarify that this is really true. Can I combine the 2 years I spent on Tier 2 general main applicant with Tier 1 entrepreneur which would be 3 years in December? I had been thinking it was not possible and was planning to just renew my entrepreneur visa in December. Please confirm this as it will change a lot for me.
Kindly keep to your own topic. This poster from master has different circumstances to you.