Switch from Tier 2 (ICT) to Spouse Visa 5 Year

[rakan247]

Hi

Can anyone tell me if you were on a Tier 2 (ICT) visa from January 2015 and switched to a Spouse Visa in November 2018 with an initial 2.5 year grant of leave, does your time spent on the Tier 2 (ICT) count towards Indefinite Leave to Remain? (ie to make up the 5 years needed)

In other words as the 5 years qualification for ILR has passed can the time spent on Tier 2 (ICT) count for ILR or do you have to start from scratch from the initial spouse visa grant in November 2018.

[CR001]

does your time spent on the Tier 2 (ICT) count towards Indefinite Leave to Remain? (ie to make up the 5 years needed)

No, ICT does not count towards the 5 years for ILR. ICT does NOT lead to ILR based on 5 years residence in any visa combination.

In other words as the 5 years qualification for ILR has passed can the time spent on Tier 2 (ICT) count for ILR

No.

or do you have to start from scratch from the initial spouse visa grant in November 2018.

Yes. You need 5 years on spouse visa before you can apply for ILR.

[rakan247]

Thank you for the response. I assumed that was the case and it has been hard to find any information about that scenario. Thank you for the confirmation.

[CR001]

The immigration rules are very clear that :

a) ICT issued after 6th April 2010 does NOT lead to ILR based on 5 years and

b) separate rules state you need 60 months on a spouse visa before you can apply for ILR.