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Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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My husband is a doctor and came to UK in 2012 July

Customer Question

My husband is a doctor and came to UK in 2012 July on Tier 5 visa for two years and then changed to tier 2 visa. We are in Tier 2 visa from last one year and have validity for next 3 years. We don't have plans to stay long here, is there a possibility of getting ilr by end of our visa. will Tier5 be counted in some or other way???
Submitted: 2 years ago.
Category: Immigration Law
Customer: replied 2 years ago.
Why there is no response
Expert:  Buachaill replied 2 years ago.
1. As you are probably aware, a Tier 5 visa does not give any rights to settlement in the UK. Tier 5 visas are designed for temporary workers and as such time spent on a Tier 5 visa does not count towards settlement in the UK or for citizenship. So, I regret to say that the two years your husband has spent on Tier 5 visa will not count towards obtaining Indefinite Leave to Remain. Your husband and you will have to spend 5 years in total in the Uk on a Tier 2 visa in order to qualify for Indefinite Leave to Remain or settlement and ultimately, for UK citizenship.
Expert:  Buachaill replied 2 years ago.
2. The reason for this is that Tier 5 visas are not intended to count towards permanent residence in the UK or towards citizenship. They are merely meant for temporary workers who return to their country of origin. Tier 2 visas are different and they qualify a person, or their dependents for settlement (Indefinite Leave to Remain) or citizenship. So your husband will have to apply for a visa for a further year in order for him and all your family to qualify for Indefinite Leave to Remain in the UK. Citizenship would follow a year after this.