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Can I apply for ILR after living in the UK for over five years?

I have been in the U.K. for more than five years. The entry clearance was as an ICT Long-term staff visa and then I switched to Tier 2 General Dependent Partner (no cooling-off period). Am I eligible to settle down in the U.K. in any of the ILR categories? If not, in the future, will there be any possibilities as the ICT cooling-off period and other immigration rules are now changing?


Answers
  • October 21, 2020

    Please note that you will need at least 5 years in order to qualify for the ILR in the UK. Also, please note that your Tier 2 ICT needs to be checked with a professional adviser to make sure that you match all your requirements. Please find below more information which might help you. The qualify for adjusting your Tier 2 Visa to ILR, you must have spent at least five continuous years in the UK. This qualifying period usually starts from the date of the approval of your entry clearance. If your leave was issued before Jan. 11, 2018, you must not have been absent from the UK for more than 180 days in five years. For visas issued after this date, you can spend 180 days during any 12 months outside the country. It is worth noting that if you entered the UK several weeks after the issue of your visa, your five-year qualifying period might start later. You are required to list all your absences in your Tier 2 ILR application form, together with a written explanation for each of them. If you have spent some time outside the UK for work purposes, you must also include a letter from your employer. To obtain your Tier 2 Visa, you must meet specific salary requirements. If you want to adjust your status, you must still have access to adequate funds to sustain your family. To obtain your ILR status, you must prove your commitment to British customs and traditions. For this reason, you are required to pass the Life in the UK Test. This computer-based exam will assess your knowledge of subjects such as British law, history, and culture. You must score at least 75% to pass, and you need to attach your certificate to your Tier 2 ILR application form. In addition, you must submit proof of your proficiency in spoken and written English. If you do not hold any English-based degree qualification, you must pass a language test at B1 Level of CEFR. You need to apply for your ILR status before your current Tier 2 Visa expires. However, you cannot submit your request more than 28 days before the completion of your five-year qualifying period. The correct Tier 2 ILR application form is the Set (O) Form. You should complete every section of it without mistakes; otherwise, your application will be rejected. You must submit relevant supporting documents in the original form to prove your eligibility. Your papers must be written in English or accompanied by a certified translation.

  • Global 4 Immigration
    October 20, 2020

    Your Intra-company Transfer status (IcT) only counts towards settlement if you meet the 10-year residency rules. When you came-off IcT and switched to PBS Dependant Partner, you must be on this new visa for 5 years to qualify for settlement status. Future IcT rules will have no bearing on your rights to UK settlement status unless you decide to switch into IcT from Jan. 1, 2021, when the new IcT rules will apply.