Immigrationboards.com

Hello,

1. I have recently switched from Tier 2 General 5 year visa to Tier 1 Exceptional Talent 5 years in early Jan 2018. I started my Tier 2 General in Oct 2014. Now with the latest immigration rule changes (Jan 2018) stating that 3 years spent in either Tier 2 or Tier 1 ET is sufficient to qualify for ILR, am I eligible now? Do I read that correctly?

Page 16 -https://www.gov.uk/government/uploads/s ... 12.01_.pdf

2. If I qualify for ILR now, is it advisable to wait to apply for ILR after a few months until I can demonstrate that I am actually working in the sector stated whilst grating Tier 1 ET since a requirement is to show payslips ? I am thinking of possibly doing this after atleast 3 months with as many payslips and some relationship with the new employer to demonstrate job continuity. Is there a time frame that is advisable? Is it normal to switch from one visa category to another and then immediately to ILR?

3. I do not have any issues with 180 continuous days of absence whilst during Tier 2 nor with the salary requirements. I am no longer employed with the employer who sponsored me under Tier 2. I am under the impression that I need to meet settlement requirements under Tier 2 + Tier 1 ET since both apply in my case for the last 3 years. But how do I meet the settlement requirement under Tier 2 stating that job continuity should be expressed by that employer in a letter?

Thank you very much for your responses in advance.

Hey!

So I'm in a very similar situation to you. I worked 3 years under Tier 2 General and then last year switched to Tier 1 Exceptional Talent.

I've read over every bit you shared and everything on the UK gov website and I'm pretty sure you're right! We can apply for ILR right now provided we meet all the other criteria.

So I can apply a year early!

Yes. Tier 2 General period will count towards your ILR

Immigration rules Part 6a, paragraph 245BF says:

245BF.Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (Exceptional Talent) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) DELETED
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) All of the following requirements must be met:

(i) The applicant must have spent a continuous period of:
(1) 3 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional talent”, as set out in Appendix L, or
(2) 5 years lawfully in the UK, if their last endorsement by a Designated Competent Body was under that body’s criteria for “exceptional promise”, as set out in Appendix L;

(ii) The applicant must have, or have last been granted, leave as a Tier 1 (Exceptional Talent) Migrant.

(iii) The relevant continuous period in (i) must have been spent with leave either as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant) or as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant).

@Evan, that's great that you can apply now.

@Zimba, many thanks for the confirmation, if there is an employment gap during Tier 2G does this affect the ILR app? During Tier 2G, after leaving my previous employer, there was a period of a few months where the company made an administrative mistake and did not notify the HO to trigger curtailment. Eventually I was able to switch to Tier 1 ET . I did not work nor switch to any other visa during this period. The employer eventually did notify the HO after identification of this error however I had already switched to Tier 1 ET by then. Is this going to be an issue for ILR?

Many thanks in advance.