Tier 2 ICT - ILR Possible?

[susan0x]

Hi curiouscrab,

Will you still apply for ILR in Mar-2015?

[curiouscrab]

Not sure. I don't think there is any point if they clearly say , i am not eligible. But still i see a feeble chance after 'Manci' said that the VISA Type suggests , i might have been granted visa under old rules. i have submitted a SAR to get all info they hold to see if that can reveal anything.

Manci, Can you suggest, shall i wait till next year to file ILR?

[manci]

wait for SAR result

[susan0x]

Rule Says "(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010,"

As per my understanding, Tier 2 (ICT) Migrant comes under this rule and it should not depend on the applicate date because T2 process starts from the date of COS not from the application date onwards like T1.

@Manci, Could you please put your comments on this

thanks

[manci]

Susan
The OP applied for his T2 ICT visa in March 2010 but his application was rejected or refused. He applied again on 6 April 2010 and his application was then granted. The visa type would indicate that it was under the rules before 6 Apr 10 but the date of application that it was after. To clarify the situation he made a SAR request but has not yet received his immigration records.

[susan0x]

Hi Manci,

I am cocerned about this because I also fall in the same category and many more like Sid who also raised this

http://www.immigrationboards.com/uk-tie ... l#p1054155

[curiouscrab]

[quote="manci"]Susan
The OP applied for his T2 ICT visa in March 2010 but his application was rejected or refused. He applied again [u]on 6 April 2010 [/u]and his application was then granted. The visa type would indicate that it was under the rules before 6 Apr 10 but the date of application that it was after. To clarify the situation he made a SAR request but has not yet received his immigration records.[/quote]

Hi Manci

I think there is a confusion there, for my case (may be I didn't described it clearly).
First CoS Assignment Date is 29 March 2010
My First Application was made (Documents Submitted at VFS) on 6th April 2010.
The Above VISA was initially rejected, however my company took it with VFS team and I was granted VISA on the SAME APPLICATION (Submitted on 6th April 2010). No new Application was made.

[susan0x]

As per my understanding, for T2 case, Visa process starts from the COS assignment date not from the application date like T1.

In T2 case, HO also involves in COS assignment whereas HO starts in the picture after application date of T1.

So ILR eligibility should be based on the VISA type instead of VISA application date for T2.

[curiouscrab]

Hi Susan,

Do we have any formal mention of this in any document, from where this can be verified?

[susan0x]

Hi Susan,

Do we have any formal mention of this in any document, from where this can be verified?

"(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010,"

this rule doesn't say the application or entry clearance date should be before 6 April 2010. It says T2 ICT Migrant granted under the rule in place before 6 April 2010, which is true in our case we have got T2 under the rule in place before 6 April 2010.

[curiouscrab]

So you mean that our VISA Type is the key, which tells us that the VISA was granted under rules before 6th April 2010? Is that what you mean?

[susan0x]

Yes.... and it should be

[viraam123]

Dear All,
I have gone thru all the post mentioned this topic. If the Visa states as follows 'VISA TIER 2(INT COM TRAN) MIGRANT followed by COS number then you are in the category of pre 6 april 2010 rules.

In my case I work for a international Organization . I have my first Visa at entry to UK with the 'VISA TIER 2(INT COM TRAN) MIGRANT followed by COS number category only.

But my COS was raised on 18th June 2010. I was granted visa from 30th June 2010. I came to UK on 7th July 2010. I am now confused because all the people are querying have dates around 6th April. I raised request for transfer from Singapore only on 7th May. So will i be eligible for ILR.

thanks
Viraam

[curiouscrab]

@Viraam,

You have given a new direction to this conversation now. May be Manci or any other expert can explain this, if there is something?

m waiting for SAR to see if there is any hope.

[viraam123]

@Viraam,

You have given a new direction to this conversation now. May be Manci or any other expert can explain this, if there is something?

m waiting for SAR to see if there is any hope.

Dear Curiouscrab,
Please can you let me know what did you mention in SAR. i am also thinking of raising the same.

Thanks
Viraam

[senthilt]

Hi Manci,

Sorry for very big post, with multiple Questions, I'm baffled by new rules & completely lost, Request you advice.

My Tier 2 ICT Visa Details
Frist COS Date of issue: 12 March 2010
First COS Start Date: 20 March 2010
First COS End Date: 20 March 2012
Visa validity 26 March 2010 to 03 April 2012.
Visa Stamping Type:- VISA TIER 2(INT COM TRAN) MIGRANT followed by COS number

First entry to UK is from 18 July 2010
Subsequently my Tier 2 ICT COS was extended for Two & Half Years [Initially 1 Year 6 Months, then 6 Months and then 6 Months]

Current COS Date of issue: 07 March 2014
Current COS Start Date: 21 March 2014
Current COS End Date: 21 Sep 2014
Current Visa is valid till 04 Oct 2014

I’m in UK continuously from 18 July 2010 till now, except few Vacation holidays, not more than 90 Days in total.

Is it possible for me to switch to Tier 2 General within UK
What is the Max permission to Stay I can get.
With this Max permission, will I be eligible for ILR.

If my company is extending my ICT [Which at this moment is next to impossible],
How long should they extend for me to be eligible for ILR.

If my Spouse [Worked in UK using dependant Visa, from Nov 2011 to May 2014], gets Tier 2 General visa by applying from India,
What is the Max permission to Stay, my spouse can get.
Can I switch from Tier 2 ICT to Tier 2 Dependant within UK.
With Tier 2 Dependant Visa, When will I be eligible for ILR, with continuous stay starting from 18 July 2010.

Thanks & Regards,
Senthil.

[curiouscrab]

@Viraam

I just asked for all information they had, like my case files, Digital data , etc.

[manci]

Hi Manci,

Sorry for very big post, with multiple Questions, I'm baffled by new rules & completely lost, Request you advice.

My Tier 2 ICT Visa Details
Frist COS Date of issue: 12 March 2010
First COS Start Date: 20 March 2010
First COS End Date: 20 March 2012
Visa validity 26 March 2010 to 03 April 2012.
Visa Stamping Type:- VISA TIER 2(INT COM TRAN) MIGRANT followed by COS number

First entry to UK is from 18 July 2010
Subsequently my Tier 2 ICT COS was extended for Two & Half Years [Initially 1 Year 6 Months, then 6 Months and then 6 Months]

Current COS Date of issue: 07 March 2014
Current COS Start Date: 21 March 2014
Current COS End Date: 21 Sep 2014
Current Visa is valid till 04 Oct 2014

I’m in UK continuously from 18 July 2010 till now, except few Vacation holidays, not more than 90 Days in total.

Is it possible for me to switch to Tier 2 General within UK
What is the Max permission to Stay I can get.
With this Max permission, will I be eligible for ILR.

If my company is extending my ICT [Which at this moment is next to impossible],
How long should they extend for me to be eligible for ILR.

If my Spouse [Worked in UK using dependant Visa, from Nov 2011 to May 2014], gets Tier 2 General visa by applying from India,
What is the Max permission to Stay, my spouse can get.
Can I switch from Tier 2 ICT to Tier 2 Dependant within UK.
With Tier 2 Dependant Visa, When will I be eligible for ILR, with continuous stay starting from 18 July 2010.

Thanks & Regards,
Senthil.
You can switch to T2G in-country but your max stay on T2 is limited to 6 years therefore you cannot get ILR on the 5 year route if you switch.

If you stay on T2 ICT by extending your current leave you will be eligible to apply for ILR in July 2015

[ganselva]

Hi,

I'm currently on T2 ICT and would like to know if ILR is possible.

CoS date / Entry Application Date - 7th July 2010
Visa Category - T2 ICT Established Staff
Visa Provided - 19th July 2010 to 29th August 2013
Stamping on the passport says - VISA TIER 2 (INT COM TRAN) MIGRANT
Entry in to UK - 31st July 2010

My visa was renewed as below,

CoS date - 30th May 2013
Visa Category - T2 ICT Long Term Staff
Visa Provided - 30th August 2013 to 30th August 2015
Biometric card issued (no more visa stamping)

Can you please kindly let me know if ILR is possible? Thank you in advance.

Best regards,

[manci]

Hi,

I'm currently on T2 ICT and would like to know if ILR is possible.

CoS date / Entry Application Date - 7th July 2010
Visa Category - T2 ICT Established Staff
Visa Provided - 19th July 2010 to 29th August 2013
Stamping on the passport says - VISA TIER 2 (INT COM TRAN) MIGRANT
Entry in to UK - 31st July 2010

My visa was renewed as below,

CoS date - 30th May 2013
Visa Category - T2 ICT Long Term Staff
Visa Provided - 30th August 2013 to 30th August 2015
Biometric card issued (no more visa stamping)

Can you please kindly let me know if ILR is possible?
unfortunately not on the 5 year route if your initial visa was T2 ICT Established Staff

Thank you in advance.
Best regards,

[curiouscrab]

HI

How come is your VISA Category and Stamping says different things?

Manci, is it possible?

[manci]

@curiouscrab
The visa category is governed by law and normally depends on the date of the application. The visa stamp is by an individual and mistakes are possible. I am aware of a case where the ECO mistakenly stamped a T2G visa into a passport where the application granted was for T2 ICT entry clearance.

[curiouscrab]

Thanks Manci for the clarification. but in that case, what will be taken into account while applying for ILR? The VISA Stamp or VISA Category?

[curiouscrab]

Also, Can you please confirm, where I can check what my VISA Category was?

[manci]

[quote="curiouscrab"]Thanks Manci for the clarification. but in that case, what will be taken into account while applying for ILR? The VISA Stamp or VISA Category?
the HO records[/quote]