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confusion about ILR

Posted: Sat Sep 30, 2017 8:27 pm
by nbhatt
Hi All,

I am a bit confused in regards to 10 years residency and ILR or 2nd Tier1 extension, please clarify.

Which date should I take to apply for ILR

is it the date I first entered in the UK or is it necessary that we need to complete 5 years
under Tier 1.

I entered the UK in 2009 so 10 years from 2009 or do I need to complete 5 years under Tier 1 to be eligible to apply for ILR?

Lastly about 1 full time employees for 24 months if 1st option is relevant then how to meet this requirement?

Many Thanks in advance

Re: confusion about ILR

Posted: Sat Sep 30, 2017 8:40 pm
by zimba
Long residence ILR will be conounted from the date of entry to the UK. You need to have in total 10 years on any visa.
If you are on Tier 1E route, you do not need to show Tier 1E extension/ILR requirements under long residence.

Re: confusion about ILR

Posted: Sat Sep 30, 2017 8:57 pm
by nbhatt
Thanks a ton Zimba for your prompt reply can you please elaborate on your below point

If you are on Tier 1E route, you do not need to show Tier 1E extension/ILR requirements under long residence.

Re: confusion about ILR

Posted: Sun Oct 01, 2017 7:08 pm
by Manu_cal
I presume if you have completed 10 yrs then instead of going through a rigorous Tier 1 extension you should go for 10yrs long term residence for ILR .
Here is another situation , what if someone is completing 5yrs in tier 1 in April 2018 but the visa is valid till Nov 2018 and he is completing 10yrs Long term Residence in Sep 2018. What would be the stress free option to apply for ILR. 1) based on Tier 1 Ent. or 2) just wait till Sept and go for 1day premium service based on 10yr .
Again I am presuming you dont have to show all the accounts, employee details, etc etc if you qualify for 10yr.
Please if any of the experienced guys can shed some light on this, would be grateful.

Re: confusion about ILR

Posted: Sun Oct 01, 2017 10:01 pm
by zimba
ILR under Tier 1E is based on point based system requirements. This means there are specific requirements to show before applying for ILR. For example for under Tier 1E, you must have created/maintained two full time job during your extension period to be eligible for ILR.

Long residence ILR is simply based on continuous 10 years of lawful stay in the UK, you simply must have followed the rules and did not breach the conditions of your stay. For example of some part of the 10 years was spent under Tier 1E, you MUST not have been employed in that period or you must have invested or maintained the investment money. However you do not need to show you created jobs as this was not one the conditions of your stay.
Check conditions of your stay for each visa you held during that 10 years.

Re: confusion about ILR

Posted: Mon Oct 02, 2017 12:00 pm
by nbhatt
Thanks Zimba the link condition of stay isn't working so can you please resend it.

I don't have any dependents so am I right in saying I should be using Set LR Form and not SET O form?

regards

Re: confusion about ILR

Posted: Mon Oct 02, 2017 12:03 pm
by CR001
Thanks Zimba the link condition of stay isn't working so can you please resend it.
It wasn't a link that zimba provided. He was merely emphasizing that you need to check that you met the conditions of each and every visa you have held.
I don't have any dependents so am I right in saying I should be using Set LR Form and not SET O form?
There is only one form for long residence ILR - Set(LR) regardless of whether you have dependents or not.

Re: confusion about ILR

Posted: Mon Oct 02, 2017 1:58 pm
by zimba
You can find conditions of stay for Tier 1E in the official Tier 1E guide: https://www.gov.uk/government/publicati ... trepreneur