Tier 2 ICT - Tier 2 General; Is ILR possible?

[manci]

Hi Manci, Thanks so much for your reply. Can you please help send through a ukba link relating to this where it says extentions beyond 5yrs is possible so i could show this to my sponsor and explain what needs done this November 2014 and can get them to issue a cos that could extend my visa for 5yrs straight off until Nov 2019. Also could you advise if the cost £1202 per year * 5years for a 5year COS so i can discuss this too?
para 192 (pages 41-42)
https://www.gov.uk/government/uploads/s ... _07-14.pdf

the £1202 is your one-off cost for a 5 year visa, the sponsor only pays £184 for a CoS whatever length the period of engagement is

Also one other thing please. I know its the past which cannot be reversed but could I have extended for 5years at the time i was due for renewal in 2012 October? Or could I have got a 5yr initial visa straight off in October 2010 when i first came here. Or is this 5yr extentions (at a higher cos cost) only possible after you complete a certain number of years in the uk if so how many years? Thought the answer to this question would benifit alot of followers too.
the 5 year extension has only been possible since Apr 14

Thanks very much again for your quick reponse. Appreciate it very much

[tier2ictvisa2010]

Thanks so much Manci!!! I have just read through
the guidance.

On Page 41/point iii it says - "if your salary is less than £153,500 (or £152,100 if your Certifcate of Sponsorship was assigned to you before 6 April 2014) each year, leave to remain will be granted only for the period of time you need to take your total leave granted under Tier 2 (Intra- Company Transfer) to five years"
Unfortunately my salaray is much less than this.

Neverthless on Page 42, highlighted in bold it
says, "If you were previously granted leave as an Intra-Company Transfer (ICT) work permit holder or as a Tier 2 (ICT) applicant under the Immigration Rules in place before 6 April 2011 and you have not been granted entry clearance in this or any other route since the grant of this leave there is no limit to the total time you can stay in this sub-category".

I guess i qualify for above which is why I am eligible to extend for another 5yrs. Hence this rule is what i should highlight to my sponsor, at the point of discussing this topic, correct?

Also on page 42 it says that the Immigration Rules are subject to change. You must meet all the requirements of the Immigration Rules as they apply at the time you make an application for further leave to reamain. So i guess i need to get going asap before the rules change again. My current visa expires on 12th November 14. Can you let me know when earliest i can apply for the 5yr extension by?

Thanka again

[manci]

you can apply any time within 3 months of the CoS assignment date

[tier2ictvisa2010]

Great Thanks Manci ,

Also is there a difference between the terms Tier 2 ICT Established staff , Tier 2 ICT Long term staff & just Tier 2 ICT?

Reason I am asking is as on Page 7 of the guidance point number 27 sates,

"Applications for Leave To Remain
27.If you are already in the UK and were initially granted leave in one of the categories listed below:
• Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6 April 2011,
• Tier 2 (Intra-Company Transfer), under the Rules in place before 6 April 2010
• Intra-Company Transfer work permit holder (except multiple entry work permits),
• Representative of an Overseas Business (this includes representatives of overseas media companies)
AND
• You have not since been granted leave to remain, entry clearance or leave to enter in
any other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend your stay beyond 5 years. If you are applying for an extension in this way, the job does not need to be at NQF level 6 (or the equivalent in Scotland), nor do you need to meet the minimum salary threshold of £41,000. However, the Certifcate of Sponsorship must confrm that the job is at or above NQF level 3 (or the equivalent in Scotland). The Certifcate of Sponsorship must also confrm that you will be paid at or above the appropriate rate for the job. These requirements are set out in the codes of practice on our website at:www.gov.uk/government/collections/spons ... ation-for- employers-and-educators."

I did get the Tier 2 ICT visa on October 2010 meaning I am hoping i fall under the text highlighted in blue above however can you let me know how i find out if this was Tier 2 ICT Established staff or Tier 2 ICT Long term staff or just Tier 2 ICT? Did I automatically fall under established as I was here in October 2010? Does it matter either way?

Thankyou!

[manci]

look at the 2010 visa stamp in your passport - it should be T2 ICT Established Staff

[tier2ictvisa2010]

Hi Manci ,
The initial passport stamp states the Type of visa as "D-TIER 2 (INT COM TRAN) MIGRANT" and then the Cos number next to it. Just above it also says "MULT" for the Number of Entries. It was Valid from 23/09/2010 to 29/10/2012 and i Landed in the uk on 10/10/2010.

The Extended residence permit card states the type of visa as "T2 ICT LONG TERM LEAVE TO REMAIN" issued on 26/10/2012 valid until 12/11/2014. There is a remarks column at the bottom that says restricted work and then the Cos number below it.

Please help clarify what this means and if I still qualify to extend my visa by 5yrs upto 2019 without having to leave the uk.

Thanks very much!

[viraam123]

Dear Manci,
I m not sure were you asking me to check the Visa again. i have checked it twice and many times to be sure. My Visa say exactly the same wording you have mentioned in the other post. Shall i send you the attachement for my Visa.

[manci]

@viraam123 and tier2ictvisa2010

T2 ICT visas granted under the rules in place in the period 6 April 2010 - 5 April 2011 were in the Established Staff sub-category. It is the date of application that determines in which period of the rules the visa will fall.

The usual visa stamp in this period was TIER 2(ICT) ESTABLISHED STAFF but if they used a different stamp in the passport that doesn't change the applicable rules.

[viraam123]

Hi Manci,
Thanks for your advice. So it makes clear to me that i wont be eligible. Since i was waiting for your response. i have also raised SAr. But anyway now you have made it clear it is ir-relevant.
I am married to British Citizen and my wife got citizenship via enroute of tier1. So i now i can apply for dependent Visa but my years will be counted or will it reset my counter for ILR.

Thanks in advance
Viraam

[manci]

@viraam123
You can apply for a spouse (not dependant) visa. Your time under T2 ICT will not count for ILR.

https://www.gov.uk/government/uploads/s ... _07-14.pdf

[viraam123]

@viraam123
You can apply for a spouse (not dependant) visa. Your time under T2 ICT will not count for ILR.

https://www.gov.uk/government/uploads/s ... _07-14.pdf

Hi Manci,
My wife got British nationality via Tier1 and then ILR in 2011. And finally naturalisation in 2012. As per my understanding i cannot apply spouse if the person applying were originally have temporary work Visa.

I think Tier 1 is considered Temporary work Visa.

Exceptions
You may need to apply in a different way if:

you’re outside the UK
your partner’s from the EEA or Switzerland
your partner originally had a temporary visa as a worker
you’re the victim of domestic violence or your partner has died
you applied for a ‘family of a settled person’ visa before 9 July 2012
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK
Please can you correct me if i am wrong.

[tier2ictvisa2010]

@viraam123 and tier2ictvisa2010

T2 ICT visas granted under the rules in place in the period 6 April 2010 - 5 April 2011 were in the Established Staff sub-category. It is the date of application that determines in which period of the rules the visa will fall.

The usual visa stamp in this period was TIER 2(ICT) ESTABLISHED STAFF but if they used a different stamp in the passport that doesn't change the applicable rules.

Thanks very much for the reply above. So just to summarise , on my case ,
1) This year (before nov 14), I can extend my visa for a further 5yrs upto 2019
2) On a previous post I know you said I can apply any time within 3 months of the CoS assignment date. Since we are still in July and i have 3.5 months before my current visa runs out, is it best I stay till approx begining October to extend?
3) By 2019 I would complete a total of 9yrs in the uk with same sponsor. If i extend for a further 1 year at the time (upto 2020), Would I be eligible for ILR under Long term residency? If so please can you help send link that supports this? Thankyou

[manci]

@viraam123
suggest you look at the Stickies in the Immigration for Family Members section of the forum for the current rules on spouse/dependant visas.

[manci]

@viraam123 and tier2ictvisa2010

T2 ICT visas granted under the rules in place in the period 6 April 2010 - 5 April 2011 were in the Established Staff sub-category. It is the date of application that determines in which period of the rules the visa will fall.

The usual visa stamp in this period was TIER 2(ICT) ESTABLISHED STAFF but if they used a different stamp in the passport that doesn't change the applicable rules.

Thanks very much for the reply above. So just to summarise , on my case ,
1) This year (before nov 14), I can extend my visa for a further 5yrs upto 2019
yes, with a new CoS

2) On a previous post I know you said I can apply any time within 3 months of the CoS assignment date. Since we are still in July and i have 3.5 months before my current visa runs out, is it best I stay till approx begining October to extend?
this is your choice but the 5 year visa will be valid from the date it is issued, not from the expiry date of your current visa

3) By 2019 I would complete a total of 9yrs in the uk with same sponsor. If i extend for a further 1 year at the time (upto 2020), Would I be eligible for ILR under Long term residency? If so please can you help send link that supports this?
https://www.gov.uk/long-residence/eligibility
https://www.gov.uk/government/uploads/s ... e-life.pdf


Thankyou

[tier2ictvisa2010]

Thanks very much for being so helpful Manci... Appreciate it very much..

[senthilt]

Dear All,
This is bit urgent.
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 2010Subsequently 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.

[ramv]

A quick question about Tier 2 Genral ILR eligibility.

When we are getting ILR in 5 years, why is the restriction on Tier 2 only for 6 years?

Thanks.
-Ram

[ramv]

Hi Manci,

Can you please help with my query?

Entered UK in Oct 2010 with Tier 2 ICT.
Switched in Country to Tier 2 General on Dec 2012 and this visa valid up to Dec 2015.
Can I go for another 2 year Tier 2 General extension in Dec 2015 up to Dec 2017?( this makes my total tenure of 7 years under Tier 2(ICT+General), Is maximum 6 years under Tier 2 applicable for me?)
Am I eligible for ILR on Dec 2017?
If yes, Having salary threshold of 35K at the time of applying ILR(Dec 2017) would be sufficient? Or I should have threshold of 35K for past 5 years(Dec 2012 to Dec 2017) as I am going for ILR after Apr 2016?

Thanks in advance.
-Ram.

[mspr335]

Hi Manci,

I entered UK in May 2007 with Work permit visa which was valid upto April 2009. My visa was extended in April 2009 till 15th April 2011. I left UK in movember 2009 . I got new entry clearance issued from 19th April 2011 which is after 5 days of expiry of tier 2 ict issued in 2009.I entered uk again in May 2011.

As per the ILR continuity peiord guidelines by Homeoffice, it is mentioned that

This page tells you about lawful leave which continues whilst absent from the UK.
If the applicant's leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant's continuous period is not broken. In this circumstance, if they successfully get a new grant of entry clearance, the period spent outside of the UK will count towards the 180 days allowable absence.

In this case do I qualify for ILR under the visa issued in april 2009 if I apply in april 2015 as per the above guideline.

please let me know

[manci]

Hi Manci,

I entered UK in May 2007 with Work permit visa which was valid upto April 2009. My visa was extended in April 2009 till 15th April 2011. I left UK in movember 2009 . I got new entry clearance issued from 19th April 2011 which is after 5 days of expiry of tier 2 ict issued in 2009.I entered uk again in May 2011.
As per the ILR continuity peiord guidelines by Homeoffice, it is mentioned that

This page tells you about lawful leave which continues whilst absent from the UK.
If the applicant's leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant's continuous period is not broken. In this circumstance, if they successfully get a new grant of entry clearance, the period spent outside of the UK will count towards the 180 days allowable absence.

In this case do I qualify for ILR under the visa issued in april 2009 if I apply in april 2015 as per the above guideline.
The long absence Nov 09 - May 11 unfortunately disqualifies you from getting ILR



please let me know

[manci]

Hi Manci,

Can you please help with my query?

Entered UK in Oct 2010 with Tier 2 ICT.
Switched in Country to Tier 2 General on Dec 2012 and this visa valid up to Dec 2015.
Can I go for another 2 year Tier 2 General extension in Dec 2015 up to Dec 2017?( this makes my total tenure of 7 years under Tier 2(ICT+General), Is maximum 6 years under Tier 2 applicable for me?)
under the Apr 14 rules the extension can only be up to the 6th anniversary of the date of issue of your 2010 visa

Am I eligible for ILR on Dec 2017?
unfortunately not

If yes, Having salary threshold of 35K at the time of applying ILR(Dec 2017) would be sufficient? Or I should have threshold of 35K for past 5 years(Dec 2012 to Dec 2017) as I am going for ILR after Apr 2016?

Thanks in advance.
-Ram.

[mspr335]

Hi Manci ,

thanks very much for your prompt response.

sorry .in my earlier post , I meant will I be eligible for ILR in April 2016 with 5 year period counted as April 2011 to April 2016 with April and may 2011 as period of absence in the year April 2011- April 2012.

I might be overambitious but just wanted to check if there is any remote chance . I think chances are nil based on your response.

will I be able to switch in to tier 2 general and spend 5 years on tier 2 general and eligible for ILR . My tier 2 ICT extablished staff visa was granted on 19th April 2011 and (CoS was issued in march 2011)

[mspr335]

Hi Manci,

Can you please help with my query?

Entered UK in Oct 2010 with Tier 2 ICT.
Switched in Country to Tier 2 General on Dec 2012 and this visa valid up to Dec 2015.
Can I go for another 2 year Tier 2 General extension in Dec 2015 up to Dec 2017?( this makes my total tenure of 7 years under Tier 2(ICT+General), Is maximum 6 years under Tier 2 applicable for me?)
under the Apr 14 rules the extension can only be up to the 6th anniversary of the date of issue of your 2010 visa

Am I eligible for ILR on Dec 2017?
unfortunately not

If yes, Having salary threshold of 35K at the time of applying ILR(Dec 2017) would be sufficient? Or I should have threshold of 35K for past 5 years(Dec 2012 to Dec 2017) as I am going for ILR after Apr 2016?

Thanks in advance.
-Ram.

Hi Manci ,

one query on this . under immigration rules 245GE section (v) it says as below . how this rule can be interpreted
(v) No limit, if the applicant:
(1) is applying in the Long Term Staff sub-category,
(2) previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2011 or as a Qualifying Work Permit Holder, and
(3) has not been granted entry clearance in this or any other route since the grant of leave referred to in (2) above.

[manci]

@mspr335
Since your current leave is T2G you need to look at immigration rule 245HE.

[avneetrekhi20]

Hi Manci and other experts,

Many thanks for your help, feedback & suggestion to so many of us. Before coming across this thread, i had spent weeks looking at information which was inconclusive to say the least. I have few questions and i am hoping you can answer :-

I am currently on Tier 2 ICT Long term (raised in Nov 2012) and my wife is on my Dependant visa. My wife is currently working for a UK based company. The employer of my wife is willing to sponsor her (if needed be) but they have not really done that in the past, so they are not entirely sure of the process.

a) Can some one please guide if my wife is eligible for switch? If she is, can she do it from within UK OR she will have to go to home country?
b) Do you know what is tentative timescale to get Tier 2 general visa? I am asking this so my wife can set the expectations with the employer that she is going to be in home country for 4 weeks or 8 weeks.
c) What is the process that employer needs to follow? (They are a licensed organisation). Is it documented anywhere?
d) Once she moved to the new Visa, can she apply for Settlement?
e) If answer to d) is Yes, when can she apply for ILR? Does she needs to be on General visa for 5 years or will the time she had spent already as a dependent will be counted too?
f) Once she is on Tier 2, can i apply for Dependant visa within UK?

Thank you in advance! I really appreciate the great job you guys are doing!!