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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi,I have been leaving in the UK for for the last 3 years.

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Hi, I have been leaving in the UK for for the last 3 years. I came here as a master student and have been working here as a full time employee for 1,5 years for the same company. I have also worked as a full time contractor for 6 months when I was a student (got a letter from my university stating that I was done with all my courses). My current imigration status is Tier 1 Post-study, and my anual salary is above £35k, and I am a Turkish citizien. My visa will expire in 3 months so I need to renew it. I can either apply for the European Community Association Agreement (ECAA) or can grant a sponsorship from my company. My company has an A level sponsorhip certificate. My questions are: Is there any way to get indefinete leave to remain or British citizenship under ECAA? (the 10 year rule?) What does my company need to do if they want to sponsor me? Is the process different than the usual one,since I am already working for them for more than 1 year. If I get a sponsorship, after how many years can I apply for indefinete leave to remain or British citizenship? I think, the answer is 4 years for indefinete leave to remain and 5 years for citizenship? Is that correct? Does the time I have already spent in the UK count to this 5 years? If I apply for ECAA and switch my immigration status to sponsorship after 2 years, does this time count into 5 years? If I apply for ECAA can I switch it to sponsorship straight away after a few months? Thanks for the advice. Regards, Ugras

If you want to pursue ILR in due course then you should go down the Tier 2 General route as that is available to you.

Long Residence (or ILR under the 5-year rule) is based on a qualifying UK visa and the ECAA is a European rules based visa so it will not count.
Customer: replied 3 years ago.

Thanks for the reply.


 


Ok, I need to go fot sponsorship for a ILT, but what about the other questions?


 


What does my company need to do if they want to sponsor me? Is the process different than the usual one,since I am already working for them for more than 1 year. If I get a sponsorship, after how many years can I apply for indefinete leave to remain or British citizenship? I think, the answer is 4 years for indefinete leave to remain and 5 years for citizenship? Is that correct? Does the time I have already spent in the UK count to this 5 years? If I apply for ECAA and switch my immigration status to sponsorship after 2 years, does this time count into 5 years? If I apply for ECAA can I switch it to sponsorship straight away after a few months? Thanks for the advice. Regards, Ugras

I do not know what you mean by ILT.

Switching from a Tier 1 PSW to a Tier 2 General visa can be quite straightforward.

The employer needs to assign a Certificate of Sponsorship to you and you will then submit an application for a Tier 2 General visa.

You will require 5 years under Tier 2 General to qualify for ILR and your previous time as a student and PSW visa holder will not count toward the 5-year qualifying period.

If you reach 10 years in the UK then you can apply for ILR under the Long Residence rules and your previous time as a student and PSW visa holder WILL count toward the qualifying period.

If you switch to ECAA then this will stop any qualifying period for ILR under 10-year Long Residence rules.

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