Tier 2 ICT - ILR Possible?

[manci]

Also, Can you please confirm, where I can check what my VISA Category was?
if you are uncertain you can make a request to the HO to see your immigration records

[Ilaya]

Hi,

I would like to know whether I am eligible for ILR in UK. Please see my visa details and absences below.
Could you kindly review this and let me know your comments.

S.No Start date End date Visa Type Visa Extension

1 04/07/2009 14/05/2011 Tier 2 ICT Migrant Twice under the same category

Absences b/w the first and second - 133 days

2 25/09/2011 13/09/2012 Tier 2 ICT Short term N/A

Absences b/w the second and third - 126 days

3 19/01/2013 Till date Tier 2 ICT Long term Once under the same category


Thanks
Ilaya

[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.

[manci]

Hi,

I would like to know whether I am eligible for ILR in UK. Please see my visa details and absences below.
Could you kindly review this and let me know your comments.

S.No Start date End date Visa Type Visa Extension

1 04/07/2009 14/05/2011 Tier 2 ICT Migrant Twice under the same category

Absences b/w the first and second - 133 days

2 25/09/2011 13/09/2012 Tier 2 ICT Short term N/A

Absences b/w the second and third - 126 days

3 19/01/2013 Till date Tier 2 ICT Long term Once under the same category

you didn't say which visas were extensions and which entry clearances but in any case it seems that continuity was broken at least twice, between 14/05/2011 and 25/09/2011 and between 13/09/2012 and 19/01/2013, and this would make you ineligible for ILR on the 5 year route.

Thanks
Ilaya

[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?)
Am I eligible for ILR on Dec 2017?
unfortunately not because you didn't have T2 ICT leave under the rules before 6 Apr 2010 and under the new Apr 14 rules (6 years max stay on T2) your T2G leave cannot be extended so that you could have 5 years under T2G.

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.

[Ilaya]

Hi Manci,

Thanks for your comments.

Entry clearance was done using Tier 2 ICT Migrant on 04/07/2009.
1st extension visa - Tier 2 ICT
2nd extension visa - Tier 2 ICT Est. Staff
3rd extension visa - Tier 2 ICT Long term

Like you said, I am not eligible as the continuity was broken

Thanks
Ilaya

[vishpb35]

Hi Manci,

Thanks for your comments.

Entry clearance was done using Tier 2 ICT Migrant on 04/07/2009.
1st extension visa - Tier 2 ICT
2nd extension visa - Tier 2 ICT Est. Staff
3rd extension visa - Tier 2 ICT Long term

Like you said, I am not eligible as the continuity was broken
[[[[[Why your continuity is broken? Can you please share the dates and visa status since 2009? it seems you may be eligiblie]]]]

Thanks
Ilaya

You are eligible for ILR, if you have not spent more than 180 continous days outside UK. As you first entry stamp was before April 2011, you are very much eligible.

[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?
unfortunately not because you didn't have T2 ICT leave under the rules before 6 Apr 2010 and under the new Apr 14 rules (6 years max stay on T2) your T2G leave cannot be extended so that you could have 5 years under T2G.
Can you please provide the UKBA document link which states this rule applicable for the applicants who were already in country before 2014 Apr?
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.

[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?)
Am I eligible for ILR on Dec 2017?
unfortunately not because you didn't have T2 ICT leave under the rules before 6 Apr 2010 and under the new Apr 14 rules (6 years max stay on T2) your T2G leave cannot be extended so that you could have 5 years under T2G.
Can you please provide the UKBA document link which states this rule applicable for the applicants who were already in country before 2014 Apr?

https://www.gov.uk/government/uploads/s ... MASTER.pdf
245HE(a)(iv) and 245HF(c)(x)(1)

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.

[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.
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

Manci,
Thankyou very much for the clarification.
Regards,
Senthil.

[Ilaya]

Hi Vish,

I was in Tier 2 ICT migrant and Est. staff until May 2011. As my Visa was going to expire I had to go back to India in May 2011 to serve 3 months cooling-off period to apply for the entry clearance. I was out of UK for 133 days and got back to UK in Sep 2011 with new entry clearance using Tier 2 ICT Short term.

Secondly, the short term visa was only valid till Sep 2012 so I had to go back to India in Sep 2012 to serve 3 months cooling-off period in order to apply for Tier 2 ICT long term. I was out of UK for 126 days and got back to UK in Jan 2013 with new entry clearance using Tier 2 ICT Long term.

I didn't stay outside the UK for more than 180 days in the last 5 consecutive 12 months period but I made the entry clearance after 3 months due to the cooling-off period for couple of times.

Do you think I am still eligible?

Thanks for your help,
Ilaya

[senthilt]

Hi Manci,

Since Tier 2 is Capped at 6 Years, Switching from Tier 2 ICT to Tier 2 G, In Country will give me only 2 Years. [I've already completed 4 years in Tier 2 ICT].

If I apply for Fresh Tier 2 General from INDIA [I don't have a Cooling off period, since my Tier 2 ICT was applied Pre April 6 2010], will I be eligible to Apply for max 5 years, provided COS is for 5 years.

Thanks & Regards,
Senthil

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

Manci,
Thankyou very much for the clarification.
Regards,
Senthil.

[manci]

@senthil
you will be subject to 1 year cooling-off, see immigration rule 245HA(g).

[curiouscrab]

Hi Manci

I have received the SAR from UKBA. What should i look for in that list of documents? I am not able to find any document indicating my eligibility for ILR.

[manci]

Hi Manci

I have received the SAR from UKBA. What should i look for in that list of documents? I am not able to find any document indicating my eligibility for ILR
look for the date when you applied for your initial T2 ICT visa.

[senthilt]

HI Manci,

Thanks For your reply.

I approached a solicitor, they are saying as follows:

Where a person applied for leave to enter or remain before 6 April 2010 under Tier 2 ICT, his stay under Tier 2 ICT can be combined with Tier 2 General for a person to apply for ILR as Tier 2 General Migrant.

In my case Leave to Enter was applied before 6 April 2010 & Granted.
But my Date of Entry is On July 18th 2010. Is my Date entry the problem?

It will be very much helpful, if you clarify at the earliest.

Can you suggest any Solicitors Experienced in Tier 22 ICT + General leading to ILR?

Thanks,
Senthil.

@senthil
you will be subject to 1 year cooling-off, see immigration rule 245HA(g).

[manci]

HI Manci,

Thanks For your reply.

I approached a solicitor, they are saying as follows:

Where a person applied for leave to enter or remain before 6 April 2010 under Tier 2 ICT, his stay under Tier 2 ICT can be combined with Tier 2 General for a person to apply for ILR as Tier 2 General Migrant.

In my case Leave to Enter was applied before 6 April 2010 & Granted.
But my Date of Entry is On July 18th 2010. Is my Date entry the problem?

no

It will be very much helpful, if you clarify at the earliest.

Can you suggest any Solicitors Experienced in Tier 22 ICT + General leading to ILR?

Thanks,
Senthil.

]

[curiouscrab]

[quote="manci"]Hi Manci

T[b]he SAR only contains details of my extension. there is no details of my date of my very first application[/b][quote="curiouscrab"]Hi Manci

I have received the SAR from UKBA. What should i look for in that list of documents? I am not able to find any document indicating my eligibility for ILR
[color=#0040FF]look for the date when you applied for your initial T2 ICT visa[/color].[/quote][/quote]

[curiouscrab]

Hi manci

The SAR only contains details of my extension. there is no details of my date of my very first application

[manci]

Even if your first application was from overseas it is part of your immigration history and details of it should be in your HO file. Suggest you query it (without it how else can the HO decide if you are eligible for ILR if you submitted an application?)

[senthilt]

Hi Manci,

So as per latest Rules, Irrespective of date of Entry or Date of Initial Visa/COS Application, Stay under Tier 2 ICT & Stay under Tier 2 General can't be Clubbed for ILR under 5 Year Route.

Thanks & Regards,
Senthil.

HI Manci,

Thanks For your reply.

I approached a solicitor, they are saying as follows:

Where a person applied for leave to enter or remain before 6 April 2010 under Tier 2 ICT, his stay under Tier 2 ICT can be combined with Tier 2 General for a person to apply for ILR as Tier 2 General Migrant.

In my case Leave to Enter was applied before 6 April 2010 & Granted.
But my Date of Entry is On July 18th 2010. Is my Date entry the problem?

no

It will be very much helpful, if you clarify at the earliest.

Can you suggest any Solicitors Experienced in Tier 22 ICT + General leading to ILR?

Thanks,
Senthil.

]

[manci]

@senthilt
read the actual rule: 245HF(c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[senthilt]

Hi Manci,

Appreciate your prompt response & thanks for providing link to the Clause.
When I'll be applying for ILR, I might have spent 5 continuous years, Combination of (x)(1) plus (ix) being the most recent.

(x)(1) : Tier 2 ICT 4 Years, 2 Months
Since my initial visa was applied under rules in place before April 2010. [Visa valid from 26th March 2010], My Date of Entry is 18th July 2010, If this is an issue, can this be considered as absence less than 180 days.
Plus
(ix) : Tier 2 General Migrant 10 Months
In Country Switch from Tier 2 ICT to Tier 2 General Migrant

Does above reasoning satisfies 245HF(c) & am I eligible to apply for ILR in July 2015.

Thanks & regards,
Senthil.

@senthilt
read the actual rule: 245HF(c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[senthilt]

@Manchi,

It will be very helpfull, if you can clarify the bellow.
Thanks in advance for the reply.

Regards,
Senthil.

Hi Manci,

Appreciate your prompt response & thanks for providing link to the Clause.
When I'll be applying for ILR, I might have spent 5 continuous years, Combination of (x)(1) plus (ix) being the most recent.

(x)(1) : Tier 2 ICT 4 Years, 2 Months
Since my initial visa was applied under rules in place before April 2010. [Visa valid from 26th March 2010], My Date of Entry is 18th July 2010, If this is an issue, can this be considered as absence less than 180 days.
Plus
(ix) : Tier 2 General Migrant 10 Months
In Country Switch from Tier 2 ICT to Tier 2 General Migrant

Does above reasoning satisfies 245HF(c) & am I eligible to apply for ILR in July 2015.

Thanks & regards,
Senthil.

@senthilt
read the actual rule: 245HF(c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[curiouscrab]

Hi manci,

I have written to DPU for details on my first application. However going through the case documents, i came across the below details , does that mean anything to you? these are mentioned for my Extension applications.:

BRP Case Type: T2 SW - ICT (Long Term) - LTR
[b]Case Cluster : 1-LTR & ILR[/b]

I am more interested in Case Cluster info.

Also I would be really helpful if you can clarify on below doubts, (In case I am eligible for ILR):

1. Can one apply ILR from outside UK?
2. Regarding calculating 5 years continuity, is the 180 day break calculated for overall 5 year period combined or is it 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods