Extension of Tier 2 ICT beyond 4.5 years

[manjain]

Hi All,

I have been told by my company that I am not eligible to get my Tier 2 ICT extended beyond 4.5 years, however, based on my understanding of the rules, as I came to the UK before the rules change in April 2010, I should be eligible for extension beyond 4.5 years.

Following is my immigration history:

Visa type -------- Date of Issue valid from ------ Valid Till
------------------------------------------------------------------
Tier 2ICT ------ 21-Dec-09 07-Jan-10------- 07-Jan-12
Tier 2 ICT --------- 28-Nov-11 08-Jan-12-------- 07-Jul-13
Tier 2 ICT --------- 09-Jul-13 08-Jul-13-------- 07-Jul-14

All the above categories were under the same company and even my work permit was the subject of intra-company transfer.

Can someone please confirm if I am eligible for extending my Tier 2 ICT beyond 4.5 years or not? and if yes how much long it can be extended?
Any advice will be really helpful.

Thanks in advance!
MANI

[manci]

You can have an unlimited number of extensions to your T2 ICT leave but you need a new CoS each time.

Only those whose initial T2 ICT leave was granted on or after 5 April 2011 have a 5 year cap on their T2 ICT leave but this is not your case.

Refer the company to para 192 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

btw - since you had a work permit beforehand aren't you eligible for ILR?

[manjain]

Hi Manci,

thanks for the reply. I think i will be eligible for PR in December this year. Is my understanding correct?
Or am i eligible now and can apply for it? as of now i have completed 4.2 years in ICT in UK

Please advice?

[manci]

Or am i eligible now and can apply for it?

depends on the details of your work permit which you haven't provided

[manjain]

Hi manci, Sorry
what details you need please let me know and i will provide. in previous post i have added all details?

Visa type -------- Date of Issue valid from ------ Valid Till
------------------------------------------------------------------
Tier 2ICT ------ 21-Dec-09 07-Jan-10------- 07-Jan-12
Tier 2 ICT --------- 28-Nov-11 08-Jan-12-------- 07-Jul-13
Tier 2 ICT --------- 09-Jul-13 08-Jul-13-------- 07-Jul-14

[manci]

All the above categories were under the same company and even my work permit was the subject of intra-company transfer.

you said you had a work permit before the T2 visas. If so what were the details?

[manjain]

Hi Manci,

Apologies, sorry didnt have any WP previously.. I wrongly typed it in.
so from starting i am on Tier 2 ICT as mentioned in previous post.

Does does changes my status of extending the visa or applying for PR?

thanks a lot.
Manish

[manci]

You can have an unlimited number of extensions to your T2 ICT leave but you need a new CoS each time.

[manjain]

hi Manci,

Thanks a lot. Also if i change my visa from tier2 ICT to Tier 2 General, before my current visa expires which is in july 2014 would i be eligible for PR? Do i need to spend 5 years in ICT only to be eligible for PR? or i can switch to tier 2 general as well and my years which i have spent in tier 2 ICT will also be accounted when i apply for PR and change my category to tier 2 general?

thanks,

[manci]

the 5 year qualifying period will be made up of your time under T2 ICT and T2G added together, i.e. even if you switch to T2G you will be eligible to apply for ILR 28 days before your arrival date in the UK in 2009

[manjain]

Hello Manci,

Thanks a lot. Can you confirm which section should i take into consideration from policy guidance?
as you mentioned in previous thread "Refer the company to para 192 of the T2 policy guidance:" https://www.gov.uk/government/uploads/s ... idance.pdf

Can you please give the exact clause which i should refer or under which i fall. Getting confused which one i fall under?

many thanks

[manci]

Immigration Rule 245HD(c)
https://www.gov.uk/government/uploads/s ... art_6A.pdf

[manci]

the 5 year qualifying period will be made up of your time under T2 ICT and T2G added together, i.e. even if you switch to T2G you will be eligible to apply for ILR 28 days before the 5th anniversary of your arrival date in the UK in 2009