ILR eligibility date?

[kurianxl]

Hi,
Can you please help me with my ILR eligibility date?
Please find below the list of visa I had/have during my stay in UK.
I would like to know if I can count the time spent in UK with Tier 2(ICT) towards ILR eligibility.

Info on my UK exit on 21 Feb 2010:
I left UK on 21 Feb 2010 and was transfered to the company's India payrol. I applied for a new Tier2(ICT) Visa from India and entered UK on 7 May 2010. The number of gap days is 75 which is less than the 90 days specified.
However, (I think) the new rules on 6th April 2010 states that time on new Tier2 visa will not be counted towards ILR.

Can you please clarify?
Thanks


Sl.No Visa Information Date of application Valid From Valid To Entry in UK Exit UK
1 Tier 2 (ICT) Jan-2009 4-Feb-2009 12-Jul-2010 17-Feb-2009 21-Feb-2010
2 Tier 2 (ICT) May-2010 7-May-2010 30-Jul-2011 18-May-2010 x
3 Tier 1 (General) Nov-2010 17-Jan-2011 17-Jan-2013 x x
4 Tier 1 (General)2- Renew Dec-2012 4-Feb-2013 4-Feb-2016 x x

[MV11304]

Yes, your stay with Tier 2 (ICT) will be considered for ILR as you have received it before 6th April 2010. Please refer

"The 5-year continuous period must include time spent as:
a. Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer."

https://contact-ukba.homeoffice.gov.uk/ ... ettlement/

[kurianxl]

Hi MV,
However my second Tier2(ICT) was issued in India after 6th April 2010 (issued in May 2010). And that is the bit that is confusing me.

Regards

[SriGan]

Hi Kurian,

If the 2nd T2 ICT Visa was a new application instead of extension of the first T2 ICT, then unfortunatley, by the rules, it becomes unqualified for ILR Application.

You need wait until you complete your 5 year, starting from Nov 2010.

[kurianxl]

Hi All,
As I near the renewal date, can you please help me with the exact date that i could go for (book) the interview?
The dates are given below in the table (link)
Am i eligible for appointment
a) 28 days prior to 18 Nov 2015 or is it
b) 28 days prior to 17 Jan 2016?

17 Jan 2011 is when i have a valid Tier 1 Visa from
but i applied for Tier 1 Visa on 18 Nov 2010. And all my Tier points (example age) is calculated as on 18 Nov 2010



http://i63.photobucket.com/albums/h155/ ... 2a837h.jpg

Thanks

[secret.simon]

Hi MV,
However my second Tier2(ICT) was issued in India after 6th April 2010 (issued in May 2010). And that is the bit that is confusing me.

Regards

The crucial question is not when it was issued, but what was the date of application?

Check with your HR firstly whether it was a new ICT application or an extension of the earlier ICT visa.

Secondly, if it was a new ICT application, what was the date the application was received by the Home Office? How was it sent, by courier or by post? If by courier, does HR have proof of receipt?

Apply for an SAR from the Home Office, so that you can see the date stamp on receipt of the application.

[kurianxl]

Hi Simon,
Thanks for your reply. I should have created a new thread to avoid confusing with the Tier2 ICT query.

Now that i have already spent close to 5 yrs since my Tier1 application date, my question is totally on the Tier1 dates.

Date of Tier Application is 18 Nov 2010 but i received the BRP with date valid from 17 Jan 2011 to 17 Jan 2013 and the renewal BRP valid from 4 Feb 2013 to 4 Feb 2016.

Am i eligible to apply for ILR 28 days before 18 Nov 2015 ?

[secret.simon]

Date of Tier Application is 18 Nov 2010 but i received the BRP with date valid from 17 Jan 2011 to 17 Jan 2013 and the renewal BRP valid from 4 Feb 2013 to 4 Feb 2016.

Am i eligible to apply for ILR 28 days before 18 Nov 2015 ?

No.

Date of application decides what rules your application is judged under. But ILR (if you want it solely under Tier 1) requires you to have 5 valid years under Tier 1, which you only got on 17th Jan 2011. So, you would be eligible for ILR 28 days before 17th Jan 2011 (which would be around 21st December).