# Multiple visas for ILR - 5 years in UK



## ryansharpnz (Apr 20, 2013)

Hello,

I have been in the UK on a tier 1 general visa (expires 11/13). This
was first granted November 2008. I will be getting married to UK citizen in
August 2013 and switching to partner visa. I really want to find out
my ILR chances. During 2012 I spent most of the year working in
Australia with my partner. We were both living and working there. Our
relationship was constant. Can my time on tier 1 and the future
partner visa be counted towards the ILR??

I realise that my tier 1 ILR continuous residence was broken in 2012.
I spent the time away from the UK with my partner and we continued to
live together the entire time. I am hoping that I can apply for ILR
once I switch to the partner visa, and have the time spent in the
country since 2008 satisfy the 5 year time. I met my partner in
September 2009, and we begun to live together in March 2010.


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## nyclon (Apr 3, 2011)

Once you switch to a spouse visa the clock resets so you'll be on a 5 year track to ILR from then.


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## ryansharpnz (Apr 20, 2013)

nyclon said:


> Once you switch to a spouse visa the clock resets so you'll be on a 5 year track to ILR from then.


Hi,

That reset is not made clear, and the ambiguity exists so the caseworker can use some discretion. Statements like this on the UKBA website lead me to believe that the clock doesn't reset: "you have completed a period of 5 years in the UK, with a visa or permission to remain here in this category;" . 

It doesn't clearly state that the 5 years has to be under a single class of visa? I think the relationship and marriage has to be solid and legit. Have I misunderstood the guidance? Does Part 8 of the immigration rules clarity this?


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## Joppa (Sep 7, 2009)

ryansharpnz said:


> Hello,
> 
> I have been in the UK on a tier 1 general visa (expires 11/13). This
> was first granted November 2008. I will be getting married to UK citizen in
> ...


There was a similar query recently. You cannot combine residence under different immigration categories to qualify for settlement. In your case, you have to stay on Tier 1 General for 5 years. Switching to partner visa will reset the clock and you have to wait further 5 years (two periods of 30 months) for settlement.

There is a now a clear rule on absences from UK when working out eligibility for settlement under points-based system. 
See http://www.ukba.homeoffice.gov.uk/s...us/ilr-calculating-continuous.pdf?view=Binary
As you can see, any period of absence over 180 days in each of the five years of qualifying period breaks your continuous residence requirement, and will make you ineligible for ILR, unless there are exceptional circumstances. Taking a job abroad isn't considered exceptional. So in your case you have to extend your Tier 1 leave before you can apply for settlement.


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## Ukbasting (Apr 8, 2013)

What if a person does there 10 years here on multiple visa. eg;

1. Came in the country Jan 2007 on Student visa. Back then it wasn't Tier 4 system. 
2. Changes his Visa from student to Tier 1 Post Study Work in 2010 ending 2012. 
3. Changes to EEA2 in 2013 ending 2018. 

The question is in 2017 he would have completed his 10 years & can he apply for ILR. Will he qualify for it.


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## Joppa (Sep 7, 2009)

Ukbasting said:


> What if a person does there 10 years here on multiple visa. eg;
> 
> 1. Came in the country Jan 2007 on Student visa. Back then it wasn't Tier 4 system.
> 2. Changes his Visa from student to Tier 1 Post Study Work in 2010 ending 2012.
> ...


He can apply for permanent residence in 2018 on the strength of 5 years under EEA rules. This is much simpler and free.

For applying under 10-year long residence rules in 2017, it will be granted subject to the discretion of UKBA, and will need to meet a number of criteria, such as criminality, strength of association, character, passing Life in the UK test etc. It will also take a long time (6 months or more is common; no premium service available), costs £1051 and outcome is by no means certain.
http://www.ukba.homeoffice.gov.uk/s...her-categories/long-residence.pdf?view=Binary


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## ryansharpnz (Apr 20, 2013)

I am not convinced. I believe for partner visa, the rules are not so clear re the continuous component. Seems you can make a case for the 5 years if you have been in the relationship long enough and living together. The link you provided about continuous leave did not cover the spouse visa. I agree that my tier 1 residency is broken, but am optimistic that i can apply for ILR before Aug 2018, using my time on the tier 1 towards it. I think of you have a compelling case and relationship it will be fine.

Have there been examples on this forum where this has failed with the UKBA? thanks for all the replies.


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## Joppa (Sep 7, 2009)

I will be very surprised if you manage to get ILR on a mixture of visas and leaves. They have to be in the same category, such as certain points based system leaves, family route etc, not a combination of differing categories. You are misreading the rules and directions. While the end result is the same - no longer subject to immigration control, the procedure and conditions are quite different.

Arguments you are trying to use are those that apply to the long-residence rule of 10 years, not the normal 5-year qualification for settlement. And you don't have compassionate grounds for exceptional treatment. Since the rules change to family route last July, there is no longer advantage in switching into it to shorten the period required for settlement, as all now require 5 years.


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## ryansharpnz (Apr 20, 2013)

You may indeed be correct. Re-reading the site, "in the same category" is in bold. I am going to switch to partner visa and just wait until 2018. Either way (tier 1 or partner), the five years is going to reset. By aug 2018 i would of spent the best part of 11 years in the UK. Crazy how these rules change all the time.


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## ryansharpnz (Apr 20, 2013)

Joppa said:


> I will be very surprised if you manage to get ILR on a mixture of visas and leaves. They have to be in the same category, such as certain points based system leaves, family route etc, not a combination of differing categories. You are misreading the rules and directions. While the end result is the same - no longer subject to immigration control, the procedure and conditions are quite different.
> 
> Arguments you are trying to use are those that apply to the long-residence rule of 10 years, not the normal 5-year qualification for settlement. And you don't have compassionate grounds for exceptional treatment. Since the rules change to family route last July, there is no longer advantage in switching into it to shorten the period required for settlement, as all now require 5 years.


So you don't recommend switching to partner visa? My original plan was to switch then settle after two years. The rule change in july 2012 really stuffed that plan. Frustrating as i am staring down the barrel of another five years.. I guess i am still free to enter and work etc.


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## Joppa (Sep 7, 2009)

If you extend your Tier 1 for another year, it's possible you can be approved for ILR in 2014, as you will have spent 5 of the last 6 years in UK. So don't switch to family route (spouse visa) but stay with Tier 1, would be my suggestion.


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## ryansharpnz (Apr 20, 2013)

great, really appreciate the suggestion. So you mean to say that after 6 years on the tier 1, I could make a case for ILR? I would of completed 5 years, but with a gap. Can an ILR application of this nature have a chance of being successful?


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## PinkOrange (Apr 20, 2013)

What about a situation where the marriage took place in jan 2012. 

But 1 year gone trying to get EEA still not got it. 

Whan can the EEA 1 & EEA2 apply for ILR respectively. 

Thank you.


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## Joppa (Sep 7, 2009)

ryansharpnz said:


> great, really appreciate the suggestion. So you mean to say that after 6 years on the tier 1, I could make a case for ILR? I would of completed 5 years, but with a gap. Can an ILR application of this nature have a chance of being successful?


I'm not sure.
On re-reading http://www.ukba.homeoffice.gov.uk/s...us/ilr-calculating-continuous.pdf?view=Binary, there is no provision for extending your leave by a year to nullify your break in continuous residence, and only exceptional, compassionate circumstances, such as serious illness, can lead to ILR. It specifically excludes working abroad as exceptional. So it seems that in order to qualify for ILR under Tier 1, you need to re-establish 5-year continuous UK residence from when you had a break. Switching to family route as spouse will only mean waiting a few months more, and you will have unrestricted right to work.
Before you make a switch, consult a professional advisor.


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## ryansharpnz (Apr 20, 2013)

Joppa said:


> I'm not sure.
> On re-reading http://www.ukba.homeoffice.gov.uk/s...us/ilr-calculating-continuous.pdf?view=Binary, there is no provision for extending your leave by a year to nullify your break in continuous residence, and only exceptional, compassionate circumstances, such as serious illness, can lead to ILR. It specifically excludes working abroad as exceptional. So it seems that in order to qualify for ILR under Tier 1, you need to re-establish 5-year continuous UK residence from when you had a break. Switching to family route as spouse will only mean waiting a few months more, and you will have unrestricted right to work.
> Before you make a switch, consult a professional advisor.


yes, the whole continuous thing may be my undoing. I am definitely going to consult an advisor before extending my stay past Nov 2013. The fees for partner are half that of the Tier 1, but would be great to make a case for ILR in 2014 if I can!

thanks for your advice.

ryan


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## PinkOrange (Apr 20, 2013)

ryansharpnz said:


> yes, the whole continuous thing may be my undoing. I am definitely going to consult an advisor before extending my stay past Nov 2013. The fees for partner are half that of the Tier 1, but would be great to make a case for ILR in 2014 if I can!
> 
> thanks for your advice.
> 
> ryan


When you choose the immigration consultant make sure you choose the right one who knows what you need & just doesn't make an attempt for ILR. 

My immigration advisor doesn't even know if my husband can work after the CoA has expired. How can he win us a case. 

I hope you get the message. 

Thank you.


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