Tier 2 General Dependent to Tier 2 General : impact on ILR app

[kvish]

Hello,

I wanted to inquire about my wife & my eligibility for ILR.

I came to UK on 1st December, 2014 on a Tier 2 ICT long term visa. At this point my wife was my dependent.
In September 2017, my wife was sponsored by her employer for a Tier 2 General visa (PBS) and I became her dependent.

And here: https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:
• the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
• the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer


Can you please advise if:
As per the notification above (point 2), will the continuous residence include time when I and my wife were on a tier 2 ICT visa?
If yes, will I be eligible for apply for an ILR say in Nov, 2019 or Dec, 2019. (I have not stayed out of the country for a period of 180 days in the last 5 years)
If not, what is the purpose of the point 2 above and to whom does it apply?

Thanks in advance


Regards

[CR001]

As per the notification above (point 2), will the continuous residence include time when I and my wife were on a tier 2 ICT visa?

No it does not. Point 2 refers to the old work permit visa which ended in 2008 when the PBS visa came into effect.

If yes, will I be eligible for apply for an ILR say in Nov, 2019 or Dec, 2019. (I have not stayed out of the country for a period of 180 days in the last 5 years)

Note that you cannot combine tier 2 main visa with tier 2 dependent to make up 5 years for ILR.

If not, what is the purpose of the point 2 above and to whom does it apply?

It is the old work permit as stated already.

[kvish]

Thanks a lot for your reply. Much appreciated.

[kvish]

Hello,

Visa situation:

1. Currently on Tier 2 General Dependent since August 2017
2. Planning to switch to Tier 2 General in the next couple of months.

I have been informed that if I do switch to Tier 2 General, the ILR clock would be reset from the day I receive the Tier 2 General visa and the time spent on Tier 2 General dependent wouldn't be counted towards ILR.

Can you please confirm and explain if this is right?

Regards,

[CR001]

That is correct yes. For ilr you need 5 years as tier 2 dependent OR 5 years as tier 2 general main visa holder.

You cannot combine time as PBS dependent and PBS main visa holder to make up 5 years for ilr. The rules don't permit it.

[CR001]

Topics merged. Asking the same question in a different sub forum as previously asked in the ilr sub forum doesn't change the answer.