Tier2 (ICT) to ILR & Extension query

[vedcyru]

It will be great if I will be able to apply prior to FEb 2016.

Below are the dates.

Visa Stamped = 22 March 2010

Arrival date in UK = 15/05/2010
Departure date from UK = 19/09/2010.

Then again I came back to UK on 26/02/2011 From that date, I have been in UK only.
Only went back to india on holidays for 26 days in 2013.

[manci]

if you meet all other requirements the earliest you can apply will be 28 days before 15 May 2015.

[vedcyru]

that's Awesome...Thanks a lot Manci.

Regarding other crieterias, I will be with same employer till that date and will get the letter from employer at the time of application.
Apart from that, I have master's degree and salary is not an issue,

[mk2009]

Hi,
I have been a regular reader of this forum for a while and delighted by the responses to the queries people have and correct guidance. I have a query myself though and not sure if this is the right place to post.

I first entered this country on WP (Company sponsored) for around 3 years but then I had to go back for around 7 months and within that period the WP expired (2008). Therefore, I am not considering that period when posting this query.

I have been on Tier-2 ICT with extensions thereafter since February 2009 and I have spent the following period in and out of the country:
01/02/2009 to 22/03/2009 - In UK
22/03/2009 to 15/07/2009 - Outside UK, working at Offshore 115 days in total
15/07/2009 to 05/12/2011 - In UK
05/12/2011 to 06/01/2012 - On Vacation 30 days
07/01/2012 till Date - In UK

If I were to apply for ILR lets say on 20/03/2014, my period counted as follows:
19/03/2013 to 20/03/2014
19/03/2012 to 20/03/2013
19/03/2011 to 20/03/2012 - On Vacation 30 days
19/03/2010 to 20/03/2011
19/03/2009 to 20/03/2010 - Period outside UK 115 days

1. Am I eligible for ILR?
2. If I am, will I be required to provide the proof of my absence from the country even though altogether it has been less than 180 days.
3. The company which I work for may not be willing to provide me with letter stating SoC code? What are my options then?

Looking forward for your responses.

Regards, MK2009

[mk2009]

All, Looking forward for your guidance here...

Hi,
I have been a regular reader of this forum for a while and delighted by the responses to the queries people have and correct guidance. I have a query myself though and not sure if this is the right place to post.

I first entered this country on WP (Company sponsored) for around 3 years but then I had to go back for around 7 months and within that period the WP expired (2008). Therefore, I am not considering that period when posting this query.

I have been on Tier-2 ICT with extensions thereafter since February 2009 and I have spent the following period in and out of the country:
01/02/2009 to 22/03/2009 - In UK
22/03/2009 to 15/07/2009 - Outside UK, working at Offshore 115 days in total
15/07/2009 to 05/12/2011 - In UK
05/12/2011 to 06/01/2012 - On Vacation 30 days
07/01/2012 till Date - In UK

If I were to apply for ILR lets say on 20/03/2014, my period counted as follows:
19/03/2013 to 20/03/2014
19/03/2012 to 20/03/2013
19/03/2011 to 20/03/2012 - On Vacation 30 days
19/03/2010 to 20/03/2011
19/03/2009 to 20/03/2010 - Period outside UK 115 days

1. Am I eligible for ILR?
2. If I am, will I be required to provide the proof of my absence from the country even though altogether it has been less than 180 days.
3. The company which I work for may not be willing to provide me with letter stating SoC code? What are my options then?

Looking forward for your responses.

Regards, MK2009

[manci]

On the basis of the dates and absences above you are eligible for ILR. However, your sponsor must certify in writing that they still require you for the employment in question and that you are paid at or above the appropriate rate for the job as per the job SOC code. They must also provide a letter detailing the purpose and period of absences in connection with the employment incl. annual leave.

[kadalis]

Hi,

Can someone help me with their comment:

I am currently on Tier 2 ICT long term valid from July 2012 to July 2014. I am requesting my current employer to help me with:

1. To change my VISA status from Tier 2 ICT to Tier 2 General. (Transferring me to ON-ROLES/UK Payroll with the same employer)
2. Extend Tier 2 Long term visa to another 3 years.

* Can i change my Tier 2 Long term visa to Tier 2 General?
* Can you please suggest if the Option 1 is possible or not with the same employer?
* How many years more my Tier 2 ICT can be extended with same employer under new COS?
* What is the maximum time frame allowed as per UK Border/Immigration rules?

Thank you
Kind Regards
Kadali

[manci]

@kadalis
when did you get your initial T2 ICT visa (or work permit)?

[sptauk]

Hi,
Iam new to this forum and forgive my ignorance.
My condition is slightly different,
I am in the UK and have been on the following visas (no change in employer)

1> Tier 2 – ICT (05-Apr-2010 to Apr-2013) – and entered UK on 15th April2010- this was applied for extension as below
2> Tier 2 – Long term Leave to Remain ( May2013 to Feb 2015) - current

And I have the following questions
1. When will be the earliest date I can apply for ILR in 2015, if I can apply 28days before my eligibility, I will still be short of a month with current visa.
2. Am I eligible to switch to Tier2(General) visa and still apply for ILR in 2015?.
Not been out of UK for more then a month in any year anytime. Any help on this would be very much appreciated.

Thanks
sptauk

[manci]

@sptauk
you can either extend your T2 ICT leave or switch to T2G (with a different sponsor) and in either case you will be eligible for ILR in Apr 15.

[sptauk]

Hi manci,

Thanks for your reply.

sptauk

[vedcyru]

HI Manci,

I have ICT Tier 2 visa which is stamped on 23rd March 2010 that has been renewed twice and now it is valid till 23rd march 2016.

I had entered in UK on 15th May 2010 and then went back to INDIA on 19th Sept.2010.(For project related work)

I then returned back to UK on 26th Feb 2010 (after 160 days) and from that date I have been in UK only.

You have already answered me that I can apply for ILR 28 days before 15th May 2015.

However I have one more query.

If I need to go back to India before 15th May 2015 for project related work then for how many days maximum I can stay outside UK.

Thanks in Advance.

[vedcyru]

One more query, If I switch to Tier 2 General with different employer, will i still be able to apply for ILR in may 2015?

[kinn]

Hi Manci,

My situation below;

Visa Category : Tier2 General
Initial Visa issue Date : 02 Aug 2011
Initial Visa Expiry : 01 Aug 2014

Extended my Tier2 General Visa for next 3 years now
New Visa Expiry Date : 30th July 2017

First Arrival in UK : 12th Sept 2011
5 Continous years completion : 11th Sept 2016.

Questions;

1. Can I apply for ILR ?
2. Which month in 2016, can i apply for ILR ?

[manci]

HI Manci,

I have ICT Tier 2 visa which is stamped on 23rd March 2010 that has been renewed twice and now it is valid till 23rd march 2016.

I had entered in UK on 15th May 2010 and then went back to INDIA on 19th Sept.2010.(For project related work)

I then returned back to UK on 26th Feb 2010 (after 160 days) and from that date I have been in UK only.

You have already answered me that I can apply for ILR 28 days before 15th May 2015.

However I have one more query.

If I need to go back to India before 15th May 2015 for project related work then for how many days maximum I can stay outside UK.
your absences in each of the 5 one year periods counted backwards from the date of the ILR application must not exceed 180 days
Thanks in Advance.

[manci]

[quote="vedcyru"]One more query, If I switch to Tier 2 General with different employer, will i still be able to apply for ILR in may 2015?
yes but your T2G leave will only be to March 2016 and if you don't obtain ILR beforehand you'll have to leave the UK[/quote]

[manci]

Hi Manci,

My situation below;

Visa Category : Tier2 General
Initial Visa issue Date : 02 Aug 2011
Initial Visa Expiry : 01 Aug 2014

Extended my Tier2 General Visa for next 3 years now
New Visa Expiry Date : 30th July 2017

First Arrival in UK : 12th Sept 2011
5 Continous years completion : 11th Sept 2016.

Questions;

1. Can I apply for ILR ?
2. Which month in 2016, can i apply for ILR ?
you will be eligible to apply for ILR 28 days before the 5th anniversary of your first arrival in the UK as a T2 migrant.

[vedcyru]

Thanks Manci.

But I am littile bit after reading the latest comment regarding absency.

Just to clarify,
I had arrived in UK first on 15th May 2010.
I had left UK on 19th Sept 2010 and then returned on 26th Feb 2011 (160 days)

After that I went back on leave on 25th Jan 2013 and returned on 17th Feb 2013 (23 days)

so If I add the absent days the addition is 183 days.

I assumed I can apply for ILR 28days before 15th May 2015 but after reading your latest comment I am a bit confused whether I'll be able to apply on that day or not. If not then when can I apply for ILR.

Thanks.

[manci]

Thanks Manci.

But I am littile bit after reading the latest comment regarding absency.

Just to clarify,
I had arrived in UK first on 15th May 2010.
I had left UK on 19th Sept 2010 and then returned on 26th Feb 2011 (160 days)

After that I went back on leave on 25th Jan 2013 and returned on 17th Feb 2013 (23 days)

so If I add the absent days the addition is 183 days.

I assumed I can apply for ILR 28days before 15th May 2015 but after reading your latest comment I am a bit confused whether I'll be able to apply on that day or not. If not then when can I apply for ILR.
you'll have to choose the date of your application so that in none of the 1 year periods calculated backwards from this date do your absences exceed 180 days, i.e. the 183 absence is broken up. If you applied in May 2015 all 183 days would fall in a single 1 year period 15 May 2010 - 14 May 2011. The earliest you could apply would be late Sept 2015.

read p 19-22:
https://www.gov.uk/government/uploads/s ... eriods.pdf
Thanks.

[vedcyru]

Thanks Manci.

Sorry but I am finding a bit difficult to understand.

I was not absent for more than 180 days in any 12 months period.

I was absent for 160 days(but I was working for same client and same employer from india) in year 2010-11 and then I again went on Annual leave for 23 days in 2013.

Could you please suggest what would be the best earliest possible date to apply for ILR.

Thanks.

[leenaprem]

Hi Team , I am in UK since 31 Oct 2010 on Tier 2 ICT .Could you please clarify below
1. Could you let me know if i would be eligible for ILR?
2. What is the maximum limit that i can stay in UK with same sponcer and same category (Tier 2 ICT)?
3. Can i continue my stay after 5 years by changing my visa type from Tier 2 ICT to Tier 2 General with same sponcer?
Thank you

[manci]

Thanks Manci.

Sorry but I am finding a bit difficult to understand.

I was not absent for more than 180 days in any 12 months period.
absence means absence from the UK and also includes holiday absences

I was absent for 160 days(but I was working for same client and same employer from india) in year 2010-11 and then I again went on Annual leave for 23 days in 2013.

Could you please suggest what would be the best earliest possible date to apply for ILR.

Thanks.

[manci]

Hi Team , I am in UK since 31 Oct 2010 on Tier 2 ICT .Could you please clarify below
1. Could you let me know if i would be eligible for ILR?
unfortunately not on the 5 year route because your T2 ICT leave did not include any period before 6 April 2010

2. What is the maximum limit that i can stay in UK with same sponcer and same category (Tier 2 ICT)?
no time limit but for each extension you'll need a new CoS

3. Can i continue my stay after 5 years by changing my visa type from Tier 2 ICT to Tier 2 General with same sponcer?
you can switch to T2G at any time but only with a different sponsor and if you do switch you cannot stay in the UK beyond the 6th anniversary of your 2010 T2 ICT leave

Thank you

[leenaprem]

Hi Manci,

Many thanks for quick response. Could you let me know if there is any maximum stay limitation for extending Tier 2 ICT Visa with COS after completing 5 years stay in UK ?
Date stepped in UK : 31 Oct 2010

Thank you

[manci]

@leenaprem
see answer to your Q2 above