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Possible to combine duration from 2 different visa Tier1 to apply ILR
Posted: Sat Mar 23, 2019 10:42 am
by phongvu
Hi,
My Tier 1 Entrepreneur (3 years) is gonna be expired in next 6 months, I have 2 routes :
- Extend current visa for 2 years
- Apply Tier 1 Exceptional Talent visa (for up to 5 years)
My concern is can I combine 3 years in Tier 1 Entrepreneur with 2 years in Talent visa to be eligible for ILR?
Are any specific documents required for this case?
Re: Possible to combine duration from 2 different visa Tier1 to apply ILR
Posted: Sat Mar 23, 2019 11:33 am
by CR001
See Immigration Rules Part 6a - 245BF
https://www.gov.uk/guidance/immigration ... sed-system
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).
Re: Possible to combine duration from 2 different visa Tier1 to apply ILR
Posted: Tue Mar 26, 2019 2:11 pm
by phongvu
Hi, Thanks for your reply.
I wanna explain my case more detail: I am holding a T1 Entrepreneur visa (3 years), recently I got an endorsement letter for a T1 Exceptional Talent "promise" visa (up to 5 years). My question: Can I apply for only 2 years Exceptional Talent "promise" visa or I should apply for a full 5 years Exceptional Talent "promise" visa?
After reading rules you referred, I am a bit confusing because it seems I need totally 8 years (3 years of Entrepreneur visa + 5 years of Exceptional Talent visa) to be eligible for ILR.
Re: Possible to combine duration from 2 different visa Tier1 to apply ILR
Posted: Tue Mar 26, 2019 2:15 pm
by CR001
CR001 wrote: ↑Sat Mar 23, 2019 11:33 am
See Immigration Rules Part 6a - 245BF
https://www.gov.uk/guidance/immigration ... sed-system
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).
This seems very clear that you can combine categories
So unless you held a Tier 1 Graduate Entrepreneur visa, then you are fine to combine.