ILR - Can you obtain ILR via Settlement + Tier 2 combo?

Hi All,

Hope everyone is doing well. I am in the UK on a 5-year spouse visa path and currently on the FLR stage and will be eligible for ILR in early 2019.  However, whilst nothing is set with my marriage, I am looking at my options and will possibly have to move from my settlement visa to a Tier 2 visa (I have not spoken to my UK company but am certain they will do anything they can to help as my role requires to be based in UK). 

I am trying to start the research process on what my options are to obtain ILR. Given the above, do you think I can obtain ILR if I have been in the UK for 5 years (3 years on settlement visa and 2 years on Tier 2 visa)?

I have read on a number of websites that Tier 2 individuals can get ILR now since 2016 as long as they meet salary requirements which will not be an issue here.  I also did a quick eligibility on GOV UK for ILR on Tier 2 and it looks like you can, but then I see the below on the results page which makes me concerned as part of the 5 years would have been a Settlement Visa.

To qualify, you must have had at least one of these visas in the 5 years:
Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer

You can have had any combination of these visas during the 5 years:
Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business

Thanks

I am trying to start the research process on what my options are to obtain ILR. Given the above, do you think I can obtain ILR if I have been in the UK for 5 years (3 years on settlement visa and 2 years on Tier 2 visa)?

No, unfortunately not.

If you switch to a Tier 2 visa, your 5 years will start over from scratch again, AND you are likely to be required to make a minimum of £38,000+ per year to qualify for ILR via Tier 2, compared with £18,600 combined income for ILR on the spousal route.

Same goes if you start on a Tier 2 visa and switch to a spousal FLR(M) visa partway through... your 5 years starts over from scratch with the FLR(M) visa.

If you can, I would just wait until early 2019 and apply for ILR via the settlement visa route, then you can do whatever you like after that.

Ah, here you go, from the UKVI website:

Continuous residence

The 5 years can include time in the UK on another visa if it was one of the following:
- Member of Ground Staff of an Overseas Owned Airline
- Minister of Religion, Missionary or Member of a Religious Order
- Work Permit in the business and commercial category or the sports and entertainment category
- Representative of an Overseas Business
- Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation
- any tier 1, except Tier 1 (Post-study work) or Tier 1 (Graduate Entrepreneur)
- Highly Skilled Migrant Programme
- Innovator

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

(https://www.gov.uk/settle-in-the-uk/y/you-have-a-work-visa/tier-2-general-visa)

Hi Ksand it is lovely to hear from you.

Thanks for the reply - so it looks like as you say you would need to start over.
So in theory if salary requirements are not an issue, I can move into Tier 2, stay in UK for another 5 years from today and then apply for ILR in 2022?   Would you recommend switching into Tier 2 and then deciding on marriage afterwards?

Also what Tier 2 would I fall under (General or Intra-Company)? I am already in the UK.  Is one visa preferable over the other with regards to ILR? 

I thought Tier 2 individuals couldn't settle in UK - my friend had to leave earlier this year as he hit the 5 year limit in Tier 2 category? He had to leave the UK and wait 1 year and then apply to come back ... Am I missing something here? I know the GOV UK website says clearly you can get ILR but have the laws changed recently?



Thanks!

A Tier 2 ICT does NOT lead to settlement.  Only a Tier 2 General allows settlement.

Has your marriage broken down?

Thanks for the reply - so it looks like as you say you would need to start over.
So in theory if salary requirements are not an issue, I can move into Tier 2, stay in UK for another 5 years from today and then apply for ILR in 2022?   Would you recommend switching into Tier 2 and then deciding on marriage afterwards?

No, I wouldn't and I'm really not sure why you're considering it because you're making things much harder for yourself that way.

Why not just do it the other way around - get ILR in 2019 and then decide on the marriage? It will save you almost 3 years and thousands of pounds in visa fees.

Once you have ILR, you can work in any job without needing sponsorship for a Tier 2 and if your marriage does break down, it won't affect your immigration status. It just means you have to wait a few months longer to apply for citizenship if you are no longer married to a UK citizen.

Also what Tier 2 would I fall under (General or Intra-Company)? I am already in the UK.  Is one visa preferable over the other with regards to ILR? 

The Tier 2 Intra-Company Transfer (ICT) does not lead to ILR (you have to leave the UK after 5-6 years) and also you cannot qualify for it anyway because it's for people working overseas whose overseas company has a UK branch which you can transfer to.

I thought Tier 2 individuals couldn't settle in UK - my friend had to leave earlier this year as he hit the 5 year limit in Tier 2 category? He had to leave the UK and wait 1 year and then apply to come back ... Am I missing something here? I know the GOV UK website says clearly you can get ILR but have the laws changed recently?

Tier 2 General visa holders CAN qualify for ILR providing they meet the requirements.

Tier 2 ICT visa holders CANNOT qualify for ILR and have to leave the UK when their visa period ends.



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So in theory if salary requirements are not an issue, I can move into Tier 2, stay in UK for another 5 years from today and then apply for ILR in 2022?   

It won't be from today and you will have to apply for a Tier 2 General visa from your own country.

Unless you are doing a job on the UK's shortages list, the company (who must have a sponsorship licence) will have to carry out a 28 day Resident Labour Market Test and they must not pre-select you. Then the company applies for a Restricted CoS from the board that sits on about the 11 of each month for all applications in by the 5th of that month. You return to your country to apply for the visa, using that CoS.

Your company should know all this, if they hold a sponsorship licence. They can't sponsor without one.




" 7. Switch to this visa

You can apply to change (‘switch’) from another visa to a Tier 2 (General) visa.

You should apply before your current visa expires.


Eligibility

You must already be in the UK under any of the following visas or schemes:

    Tier 1 visa
    Tier 2 (Sportsperson) visa
    Tier 2 (Minister of religion) visa
    Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
    Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD

You can also switch to a Tier 2 (General) visa if you’re:

    a dependent partner of someone with a Tier 4 visa
    a representative of an overseas business

You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories."
https://www.gov.uk/tier-2-general/switch-to-this-visa

Thanks Sirius - Yes my company is aware of the process.

So if I was able to move into Tier 2 General, is there a 1-year cooling period like Tier 2 ICT? Or would it be a shorter period while they carry out the labour test etc (i.e. a couple of months)?

Bit confused though, yes ICT wouldn't apply as I am in UK already, but if I have to go back home to apply for Tier 2 General, I could apply for ICT anyways if I am already back home (assuming company can only do Tier 2 ICT)?


@ksand24 - Yes I agree with you would be best situation but am exploring all options at this stage!

A Tier 2 ICT will never lead to ILR.  You MUST get a Tier 2 General to even have the possibility of ILR in the future (or stay on the spouse track).

Bit confused though, yes ICT wouldn't apply as I am in UK already, but if I have to go back home to apply for Tier 2 General, I could apply for ICT anyways if I am already back home (assuming company can only do Tier 2 ICT)?

ICT stands for Intra-company Transfer. It's a transfer visa from your employer in your country to their UK office. You need to have worked for them overseas for more than 12 months for that visa, unless they are going to pay you at least £73,900.

The ICT visa is just a temporary visa for a role that can't be filled by a UK recruit. Training others to do the role I suppose and then you go back to your overseas office again,

The minimum salary is:

    £41,500 for Long-term Staff
https://www.gov.uk/tier-2-intracompany-transfer-worker-visa/eligibility

Thanks for the replies.  Would you be able to advise me on how long you would have to go back to your home country when appying on a tier 2 general visa?

Does it impacted rhe RMLT process if you would be applying for the job which you are already currently doing (would be doing advertised job for less than one year if RMLT happens)?

Would you be able to advise me on how long you would have to go back to your home country when appying on a tier 2 general visa?

These visas are issued quickly once the employer has the CoS and it's approved by UKVI. Your sponsor will know the time taken as they would have done this before.

Does it impacted rhe RMLT process if you would be applying for the job which you are already currently doing (would be doing advertised job for less than one year if RMLT happens)?

It will be hard, unless it is the type of job that nobody else who applies to the adverts, can do. The UK issues a maximum of 20,700 of these skilled visas a year.

UKVI have been clamping down on abuse and have now been known to ask for the CVs from all the applicants and if they try to cover up by not sending them all, it won't work now as UKVI know roughly how many wil apply for that job.

Your employer will know if they are likely to get a visa for you. They will also have to pay the new skills fee if they become your sponsor and you will have to pay the IHS again.

Hi all,

Whilst we are still working on things, we are looking at the option of living separately to see if that makes things better - I wanted to know if I was living separately from my spouse, would it impact an ILR application? 

Thanks

For ILR you have to show that you have been living together for the entire length of your visa, and you have to provide proof of this

You also have to show you intend to continue living together permanent after you have received ILR.

If you haven’t lived together you must have a VERY good reason... for example, one of you has been sent abroad on military deployment or to work overseas with your company, meaning it’s physically impossible for you to live in the same house.

If UKVI feel you are no longer in a subsisting relationship and are saying you are to get the ILR, that could be considered using deception on an application and lying to UK immigration, and it could have serious consequences (using deception normally leads to a 10-year ban from the UK).


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thanks Ksand - definitely not trying to do anything like that which is why I wanted to ask the question.

OK so if divorce is the only option at this point, how does the sequence of events work with regards to my employment? To make things more complicated, I am due to start a new role internally next month and this team I moved to wanted me because I am living in the UK and can help build the region out as I will be the only employee in this team based in UK - they are certainly going to be annoyed now if I have to tell them my conditions to live here have changed!

Would I need to quit my job, go back home, and possibly get a CoS if the company agrees to go through with a Tier 2 application?  I highly doubt the company would want to go through the hassle of re-hiring someone, sponsor them, and pay for their visa/flights/moving costs all over again!

Being in the UK whilst divorced, is there any possible option to stay in the UK via Tier 2 without having to go back home?

One positive about the new role is that if i need to work from my home country for a temporary period while I get my visa sorted out, that shouldn't be the end of the world as my new boss is quite good from that perspective.

Should I talk to HR regarding options as soon as possible?  so confused and upset