Tier 2 to Tier 1 talent visa

[navishru2018]

Dear fellow members,
I have just been endorsed with Tier 1 talent visa. I have been working in the UK in Tier 2 general visa from July 2018. I will be switching to Tier 1 in a month. Can you please help me with the following questions?

1)Can I apply for ILR in July 2021 since my combined stay in the UK with Tier 2+ Tier 1 (talent) will be 3 years in July 2021?
2)My child was born in the UK while I was in Tier 2. Will he get his UK citizenship as soon as I get the ILR?

Your answers will help me greatly. Thanks!

[CR001]

You need 3 years on the global talent (exceptional talent) visa before you will qualify for ilr.

https://www.gov.uk/global-talent

Note, it is not a tier 1 anymore.

[navishru2018]

Thank you. So, that means I can not combine the time spent in Tier 2. Is that right?

[CR001]

You need 3 years if endorsed by one of the science bodies, otherwise 5 years. Tier 2 does not appear to count.

https://assets.publishing.service.gov.u ... _02.20.pdf

[navishru2018]

Thank you. One of my friends checked with an immigration attorney. Here is the response :
Since the application was submitted before 20th, Feb, the same rules on Exceptional Talent will be applied towards ILR. Your application was submitted on 28th, January it will fall under Tier 1 ET, so Tier 2 general time will be counted towards ILR.

[CR001]

Rules have been updated to include the Global Talent visa. Note you won't be applying for the Tier 1 ET visa.

https://www.gov.uk/guidance/immigration ... or-workers

[confuseddesi123]

Dear fellow members,
I have just been endorsed with Tier 1 talent visa. I have been working in the UK in Tier 2 general visa from July 2018. I will be switching to Tier 1 in a month. Can you please help me with the following questions?

1)Can I apply for ILR in July 2021 since my combined stay in the UK with Tier 2+ Tier 1 (talent) will be 3 years in July 2021?
2)My child was born in the UK while I was in Tier 2. Will he get his UK citizenship as soon as I get the ILR?

Your answers will help me greatly. Thanks!

Hi navishru2018,

Your clock under Global Talent Visa starts from the day you receive your new visa and you can apply for ILR after 5 years as you are endorsed by Tech Nation.

Cheers

[navishru2018]

Thanks to the moderator for the right link.
I have been endorsed under Exceptional talent and in the link shared by the moderator (https://www.gov.uk/guidance/immigration ... or-workers) under W4.5 Continuous residence
The continuous period can include time in the following categories includes Tier 2 general.

[navishru2018]

W4.5 Continuous residence
(a) The applicant must have spent a continuous period lawfully in the UK, counted backwards from whichever of the following dates is most beneficial to the applicant:
(i) the date of application for indefinite leave to remain
(ii) the date of decision
(iii) any date up to 28 days after the date of application
(b) The length of the continuous period for each category is set out in the table below:
Category Continuous period needed for settlement? Continuous period can include time in the following categories
Start-up Settlement applications cannot be made in this category. Not applicable
Innovator 3 years Innovator
Global Talent 3 years if the last endorsement was given under the “exceptional talent” criteria for any endorsing body
3 years if the last endorsement was given under the “exceptional promise” criteria for the endorsing bodies for science, engineering, humanities and medicine.
3 years if the last endorsement was given under the UKRI “endorsed funder” fast track criteria.
5 years if the last endorsement was given under the “exceptional promise” criteria for Arts Council England or Tech Nation. Global Talent
Innovator
Tier 1 (excluding Tier 1 (Graduate Entrepreneur) and
Tier 1 (Post-Study Work))
Tier 2 (excluding as a Tier 2 (Intra-Company Transfer))
(c) The applicant’s most recent grant of leave must have been in the category they are applying for indefinite leave to remain in.

[navishru2018]

Thanks, Macananth. I just found out about the link shared by the moderator. Whether it is under ET or Global talent visa, Tier 2 continuous period counts.
Please refer to the following link under section W4.5 Continuous residence
https://www.gov.uk/guidance/immigration ... or-workers

Thanks to the moderator for pointing out this link.

[marcnath]

Thanks, Macananth. I just found out about the link shared by the moderator. Whether it is under ET or Global talent visa, Tier 2 continuous period counts.
Please refer to the following link under section W4.5 Continuous residence
https://www.gov.uk/guidance/immigration ... or-workers

Thanks to the moderator for pointing out this link.

Yes, I noticed it soon after I posted, so I removed my incorrect post

[navishru2018]

Thanks, Macananth and Cara!
So does this mean I will be eligible for ILR in July 2021 given that I got my Tier 2 General in July 2018 and will be switching to GT in March 2020? The cumulative of July 2018 to March 2020 under Tier 2 and March 2020 to July 2021 under GT.
I just want another pair of eyes for confirmation.