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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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Can I apply for indefinite leave to remain. I'm a New

Customer Question

Can I apply for indefinite leave to remain. I'm a New Zealand national. I don't have ancestry.
VISAS I've had since July 2009
2 years on tier 5 working holiday
2.5 years on dependency visa (only working for 2 years)
2 years 9 months on Tier 2 company Sponsorship visa
Timeline:
Tier 5 Working Holiday VISA: 2 Years
Tier 2 Sponsorship VISA: 6 Months (then made redundant, but applied for spousal dependency visa)
Spousal VISA: 2 Years (Separated and divorced, but Sponsored again by my new company)
Tier 2 Sponsorship Visa since 25th of July 2014: 2 Years, 3 months.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Buachaill replied 1 month ago.

1. Dear Alex, I regret to say you will not be able to apply successfully for Indefinite Leave to Remain at this juncture. This is because you are not able to combine time on a Tier 2 visa with time spent on a dependency visa to gain the necessary five years continuous residence which is necessary for ILR. Here is a link to a page which sets out your situation https://www.gov.uk/settle-in-the-uk/y/you-have-a-work-visa/tier-2-general-visa. Be aware that the law was changed in 2012 to this more restrictive approach, Previously it was possible to combine the two visas together to gain the necessary five years.

Expert:  Buachaill replied 1 month ago.

2. At this stage, you will need to work on the Tier 2 visa until you have reached the necessary five years continuous residence. Then you can apply for ILR on the basis of your five years continuous residence. However, you will need five years on that type of visa.

Expert:  Buachaill replied 1 month ago.

3. Please Accept or Rate the answer as unless you do so, your Expert will not get paid for answering your question.

Customer: replied 1 month ago.
Thanks but I already knew that. I thought that I might get a more complete answer e.g 10 years continuous residence options. Path way options. Nevermind I'll ask my company lawyer.
Expert:  Buachaill replied 1 month ago.

4. The pathway option is to work for another two years and three months and reach the five year threshold, as the answer suggests in point 2 above. 10 year options only arise if you spend more than 3 more years in the UK, which is the longer option.

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