Can Prior Tier 2 ICT Visa Time Count Towards ILR Application After Switching to Tier 4 Student Visa?
After living in the UK for three years on a Tier 2 (Intra-Company Transfer) visa, switching to a Tier 4 (General) student visa for one year, and ultimately securing a job on a Tier 2 General visa, the question arises: will the time spent on a Tier 2 ICT visa count towards the requirements for an Indefinite Leave to Remain (ILR) application?
According to the UK Home Office, the rules regarding the accumulative periods of stay for different visa categories can be complex and often depend on the specific circumstances. Here, we will explore the potential impact of this visa switch on the ILR application requirements and offer general advice.
Understanding Tier 2 (Intra-Company Transfer) and Tier 4 (General) Visas
The Tier 2 (Intra-Company Transfer) visa is designed for skilled workers who can meet the skills and salary requirements of the UK labor market. Meanwhile, the Tier 4 (General) student visa is intended for foreign students who wish to study in the UK and complete their course.
Impact on Indefinite Leave to Remain (ILR) Application
ILR, also known as permanent residency, is a status that allows an individual to live, work, and stay in the UK for an indefinite period. The Home Office has specific requirements for the length of continuous stay on a relevant visa type. For Tier 2 (Intra-Company Transfer) visa holders, the rules can be particularly restrictive regarding the amount of time eligible for ILR.
Example Scenario: If you have been on a Tier 2 ICT visa for three years, then switch to a Tier 4 student visa for one year, and finally secure a job on a Tier 2 General visa, the time spent on a Tier 2 ICT visa might not count towards the ILR application as the Tier 2 ICT visa is a different type of employment visa compared to the Tier 2 General visa.
It's worth noting that the rules are nuanced and could vary depending on the specific circumstances. According to migration law experts, the previous time spent on a Tier 2 ICT visa might not contribute to the ILR requirements. If you have any concerns about this, it is strongly recommended to consult a legal professional who specializes in immigration law.
Matters to Consider
While the specific rules can vary, there are a few general considerations to keep in mind:
Multitude of Visa Types: Different visa types are subject to different regulations. The UK Home Office often does not consider periods of stay on non-traditional routes (like Tier 4 student visas) towards the ILR requirements for Tier 2 employment visas. Continuous Residency: Even though you may have spent more than 10 years in the UK, the Home Office will consider your time on non-ILR-compliant visas separately from continuous residency requirements. Legal Expertise: Immigration law can be complex, and it is advisable to seek professional legal advice to ensure that you meet all the necessary requirements for ILR.Conclusion
As we have seen, the accumulation of visa stays for different types of visas can have a significant impact on the ILR application. The time spent on a Tier 2 (Intra-Company Transfer) visa likely would not count towards the ILR requirements, even if followed by a Tier 4 (General) student visa and then a Tier 2 (General) work visa.
Should you have any doubts or need further clarification, please contact a registered immigration lawyer who can provide the most accurate and up-to-date advice specific to your situation.
Related Keywords: Tier 2 ICT visa, Tier 4 student visa, Indefinite Leave to Remain (ILR)