Tier 2 to ILR Case?

[Obie]

Yes that is right, limit has been imposed to 6 years.

You will be 4 years short of ILR. Well if you have children who had established routes here, going to school during that period, the option may be open to you to switch into the article 8 route, and if successful you could be granted a succession of 30 months leave.

[susan0x]

Hi Obie\draveshiya,

I have a bit similar scenario. Below is my case details.

I had Tier 2 ICT (Migrant) started from 20-Apr-2010 to 10-Nov-2010

I entered in UK from 03-May-2010.
First Extension from 10-Nov-2010 to 25-Nov-2011

But due to some urgent requirement at offshore, Company asked to work on offshore and I went back on 30-Nov-2010.

Although My Migrant VISA was valid till 25-Nov-2011 and due to company policy, Company immigration department asked me to apply for another ICT in Jun-2011 and came again in Jul-2011 on Tier 2 ICT (Fresh Visa from the same employer).
Since then I am here.
My Out of UK schedule is as below:

Year No Start Date End Date Break Start Break END Diff (in days) Reason
Year 5 03-May-14 03-May-15
Year 4 03-May-13 03-May-14
Year 3 03-May-12 03-May-13 15-Nov-12 17-Dec-12 32 Annual Leave
Year 2 03-May-11 03-May-12 04-May-11 10-Jul-11 67 Company Assignment
Year 1 03-May-10 03-May-11 01-Dec-10 03-May-11 153 Company Assignment

As per consecutive 12 months rule, I am alright 180 days’ time limit. But I want to know in this case, am I eligible for PR in May 2015.

Kindly suggest.
Thanks

[draveshiya]

Absence should be fine I believe but you have got visa after 6 April 2010 this could be a problem.
I would defer this to Gurus

[Obie]

When did you apply for the Tier 2 (ICT). Was it issued under the rules in place on the 6th April 2010 or not?

[susan0x]

Thanks Draveshiya\Obie...

@Obie, I didnt under the meaning of 'issued under the rules in place on the 6th April 2010 '

My question is, Does T2 ICT (Migrant) not come under this rule?

As I came to know through immigration board blog,
T2 ICT (Migrant) comes under this rule and
T2 ICT (Estabished Staff) come under the rules in place on the 6th April 2011 '
and after that T2 ICT (Long Term Staff)

And top of that, Date of appliation means when the visa process starts, right??? in case of T2, the visa process starts when HO processes COS...

Please correct me, If I am wrong.

Thanks

[susan0x]

When did you apply for the Tier 2 (ICT). Was it issued under the rules in place on the 6th April 2010 or not?

Hi Obie,

I decribed my scenario to HO in a mail and I got the following response

"Having checked our records it shows you r date of application as on 10 March 2010 and your case was granted on 19 March 2010. I surmise that the start date of your Certificate of Sponsorship was the 20 April 2010.

If this is the case then you should have been granted Tier 2 ICT leave under the Rules in place before 6 April 2010 and therefore this category qualifies for ILR."

Could you please let me know what does it mean?

Thanks

[draveshiya]

Hi Susan

I have seen similar cases as yours on this forum and they have got approved, in your case your visa was valid when you applied outside of UK again. So I think you should be optimistic about your case. You may need to produce couple of docs from your emplyer regarding your absence.

Hope this helps

Thanks