Switching to Tier 2 (General) - Qualifying period

[NeelP]

Hi All,

I am currently in UK on Tier 2 ICT. I entered UK on 21 May 2010, however, I believe my VISA was stamped under rules in place before 6 April 2010 as my entry clearance states "VISA TIER 2(INT COM TRAN) MIGRANT (COS #)" - COS date is 22 March 2010 and VISA start date is 8 April, 2010.

Now, I have an offer from another employer who are willing to sponsor a Tier 2 General for me. Would I be able to qualify for ILR in May 2015? How long can I get my T2 General VISA extended for?

Thank you in advance for the help.

[manci]

the stamp in your passport is not conclusive evidence. The date of application determines whether you are eligible for ILR. If you applied before 6 April 2010 you are eligible, otherwise not.

[NeelP]

Hi Manci,

Thank you for the response. I applied before 6th April 2010 (I believe I submitted the application around 30th March) - is there a way to find this out? I need to decide whether to take the job up (and switch to Tier 2 General) based on whether I shall be qualified for ILR in 2015.

Also, if I do switch to Tier 2 General, will my application be processed under new rules - maximum 6 years of stay in total?

Many Thanks,
N.

[manci]

Hi Manci,

Thank you for the response. I applied before 6th April 2010 (I believe I submitted the application around 30th March)
for entry clearance applications the date of application is the date of payment.

- is there a way to find this out?
yes, by submitting a SAR request to the HO - they will send you your immigration records.

I need to decide whether to take the job up (and switch to Tier 2 General) based on whether I shall be qualified for ILR in 2015.

Also, if I do switch to Tier 2 General, will my application be processed under new rules - maximum 6 years of stay in total?
yes, if you switch from T2 ICT you can only get T2G leave up to March/April 16.

Many Thanks,
N.

[NeelP]

Hi Mancy,

Thank you for the reply. Just one more question. It turns out my application falls under the rules in place before 6 Apr, 2010 and I can switch. If I convert to Tier 2 General, will my time spent as T2 ICT be counted towards 5 years total stay for ILR?

[manci]

Hi Mancy,

Thank you for the reply. Just one more question. It turns out my application falls under the rules in place before 6 Apr, 2010 and I can switch.
switching is allowed for T2 ICT migrants who had leave under the rules before 6 April 2011 (not 2010)

If I convert to Tier 2 General, will my time spent as T2 ICT be counted towards 5 years total stay for ILR?
yes, because you had leave under the rules before 6 April 2010

[NeelP]

Hi Manci,

Also, if I do switch to Tier 2 General, will my application be processed under new rules - maximum 6 years of stay in total?
yes, if you switch from T2 ICT you can only get T2G leave up to March/April 16.

Many Thanks,
N.

Hi Manci,

I just got my T2G application documents back and apparently the VISA has been stamped till Dec 2019. I am a bit puzzled as to my understanding was that my time spent as T2 ICT (From 2010 onwards) will be counted towards total 6 years of stay - as corroborated by you above.

Keeping this in mind, I am still good to apply for ILR in Apr 2015, is this correct?

Many Thanks,
N