Q&As

If an individual granted leave under Tier 2 (General) in 2017 would be subject to a maximum leave limit of six years on a Tier 2 visa, and is unable to apply for indefinite leave to remain before or at the end of that period due to not meeting the requirements (eg if they do not meet the continuous residence requirement due to absences), could they switch into another visa category and, if so, do they need to start the clock again on acquiring five years continuous residence?

read titleRead full title
Produced in partnership with Nicholas Nason of Edgewater Legal
Published on LexisPSL on 09/04/2020

The following Immigration Q&A produced in partnership with Nicholas Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • If an individual granted leave under Tier 2 (General) in 2017 would be subject to a maximum leave limit of six years on a Tier 2 visa, and is unable to apply for indefinite leave to remain before or at the end of that period due to not meeting the requirements (eg if they do not meet the continuous residence requirement due to absences), could they switch into another visa category and, if so, do they need to start the clock again on acquiring five years continuous residence?

Individuals with leave as a Tier 2 (General) migrant are permitted to remain in the UK with leave as a Tier 2 (General) migrant for a maximum of six years. See Practice Note: Sponsored employee: applying under Tier 2 (General).

A Tier 2 (General) migrant who is approaching six years’ residence but who is not eligible for settlement can consider switching, in-country, into a range of other immigration routes which also lead to settlement. However, most routes provide that five years’ qualifying residence must be completed in the same category.

For example, continuous residence for the purposes of settlement in the Innovator route only includes time spent in that category (Immigration Rules, Appendix W, para W4.5). This is also the case for those applying for settlement under the Tier 1 (Investor) route (Immigration Rules, Appendix A, Table 9A), Partner and Parent routes unde

Popular documents