Tier 1 General ILR applicants would need to have continually and lawfully resided in the UK as a Tier 1 General migrant for the last 5 year period in any combination of the following categories: - as a Tier 1 (General) Migrant; as a Highly Skilled Migrant; as a Work Permit Holder; as an innovator; as a Self-Employed Lawyer; as a Writer, Composer or Artist; as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.
It is important to note that Tier 1 General migrants looking to apply for an indefinite leave to remain or settlement would have to pass the Life in the UK test and also meet the English language requirements as well as pass the new genuine earnings test. The genuine earnings test is usually to allow the Home Office a greater scope for the purpose of testing the evidence presented in cases where there is a case of suspected abuse.
The genuine earnings test was introduced because the Home Office had observed that some applicants have been in the habit of submitting false claims of their earnings, especially self-employed earnings.
A summary of the relevant contributing factors to a successful Tier 1 General ILR application are as follows: -
Please note that an ILR application as a Tier 1 Migrant can be made within 28 days prior to the completion of the 5 years residency period.
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