Tier 2 ICT Long term staff Migrant to Tier 2 General.

[susan0x]

Thanks Manci.... thanks a lot for your help....

[susan0x]

not aware of any template letter - just ask the employer to write down what is asked for.

Sorry to bother you again but just to confirm... is this type of template based on the 245GF rule

http://www.immigrationboards.com/indefi ... 76413.html

[susan0x]

Hi Manci,

One more complicacy came up while discussing my case with someone….

The complicacy is that it may possible my company might have cancelled (I am not sure) my ICT (Migrant) visa (valid till Dec-2011), when I went back on 01-Dec-2010.

Is there any website or way to check the visa status or it was cancelled by the company before its expired?

Does this cancellation impact my ILR in Apr-2015? if yes, how and what are the solutions for this?

thanks
susan

[manci]

Is there any website or way to check the visa status or it was cancelled by the company before its expired?

you can check your immigration history by making a SAR request, see para 2:
https://www.gov.uk/government/uploads/s ... tion11.pdf

[seeweare]

Hi Manci,
Could you please help me assess my Visa situation? Many thanks for your help.

Please find my visa history below. In summary I have continuous visa from 04/06/2010 on Tier 2 ICT.
1)Could you please let me know if I am eligible for ILR in 2015 or 2016?
2)If not, can the same sponsor extend my ICT LTS indefinitely? The 5 year cap on stay came into force on April 2011, and I am in uk before that.
3) If not, will I be able to switch to ICT General for the same sponsor from inside the UK?
4) If not, will I be able to switch to ICT General for a different sponsor from inside the UK?
5) Will my stay so far be counted towards ILR?

Details of my complete visa and travel history is as follows:
a) Work Permit(Issued in India)-Sponsor 1 - Validity (10/04/2007 - 31/12/2008) - Entry 06/05/2007 - Exit 26/04/2008
b) Business Visa(Issued in India)-Sponsor 2(Changed job) - Validity (08/10/2008 - 08/04/2009) - Entry 18/10/2008 - Exit 10/01/2009
c) Work Permit(Issued in India)-Sponsor 2(Change of Visa) - Validity (22/01/2009 - 31/12/2009) - Entry 25/01/2009 - Exit 06/07/2009
d) Went back to India on medical leave for 11 months, working at offshore for the same company. Visa expired in December 2009
e) Received CoS from company on 31 March 2010 and applied for Visa stamping on 09 April 2010. Visa refused as CoS didn't have ICT sub-categories which were introduced from 6 April 2010 - Reapplied visa with revised CoS and got ICT - Established staff visa
f) Tier 2 Established Staff(Issued in India)-Sponsor 2(Change of Visa) - Validity (04/06/2010 - 01/05/2011)- Entry1 16/06/2010 Exit1 17/10/2010 - Entry2 15/12/2010 - Exit2 27/12/2010 - Entry3 13/02/2011
g) Extended visa from UK
h)Tier 2 ICT Established Staff- Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (06/05/2011 - 01/05/2013)
i)Tier 2 ICT Long Term Staff - Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (14/05/2013 - 14/04/2016)

Thanks in advance for your help. Please let me know if you need any further information.
Regards
Ramana

[manci]

Hi Manci,
Could you please help me assess my Visa situation? Many thanks for your help.

Please find my visa history below. In summary I have continuous visa from 04/06/2010 on Tier 2 ICT.
1)Could you please let me know if I am eligible for ILR in 2015 or 2016?
no, because you didn't have T2 ICT leave under the rules before 06/04/2010
2)If not, can the same sponsor extend my ICT LTS indefinitely? The 5 year cap on stay came into force on April 2011, and I am in uk before that.
under current rules your T2 ICT leave can be extended indefinitely provided you have CoSs
3) If not, will I be able to switch to ICT General for the same sponsor from inside the UK?
no, to switch to T2G you would have to change sponsor
4) If not, will I be able to switch to ICT General for a different sponsor from inside the UK?
yes, you can switch to T2G in-country but only if you have a new sponsor
5) Will my stay so far be counted towards ILR?
only on the 10 year (long residence) route
https://www.gov.uk/government/uploads/s ... e-life.pdf

Details of my complete visa and travel history is as follows:
a) Work Permit(Issued in India)-Sponsor 1 - Validity (10/04/2007 - 31/12/2008) - Entry 06/05/2007 - Exit 26/04/2008
b) Business Visa(Issued in India)-Sponsor 2(Changed job) - Validity (08/10/2008 - 08/04/2009) - Entry 18/10/2008 - Exit 10/01/2009
c) Work Permit(Issued in India)-Sponsor 2(Change of Visa) - Validity (22/01/2009 - 31/12/2009) - Entry 25/01/2009 - Exit 06/07/2009
d) Went back to India on medical leave for 11 months, working at offshore for the same company. Visa expired in December 2009
e) Received CoS from company on 31 March 2010 and applied for Visa stamping on 09 April 2010. Visa refused as CoS didn't have ICT sub-categories which were introduced from 6 April 2010 - Reapplied visa with revised CoS and got ICT - Established staff visa
f) Tier 2 Established Staff(Issued in India)-Sponsor 2(Change of Visa) - Validity (04/06/2010 - 01/05/2011)- Entry1 16/06/2010 Exit1 17/10/2010 - Entry2 15/12/2010 - Exit2 27/12/2010 - Entry3 13/02/2011
g) Extended visa from UK
h)Tier 2 ICT Established Staff- Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (06/05/2011 - 01/05/2013)
i)Tier 2 ICT Long Term Staff - Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (14/05/2013 - 14/04/2016)

Thanks in advance for your help. Please let me know if you need any further information.
Regards
Ramana

[seeweare]

Thanks Manci for your prompt support. Much appreciated.
Regards
Ramana

Hi Manci,
Could you please help me assess my Visa situation? Many thanks for your help.

Please find my visa history below. In summary I have continuous visa from 04/06/2010 on Tier 2 ICT.
1)Could you please let me know if I am eligible for ILR in 2015 or 2016?
no, because you didn't have T2 ICT leave under the rules before 06/04/2010
2)If not, can the same sponsor extend my ICT LTS indefinitely? The 5 year cap on stay came into force on April 2011, and I am in uk before that.
under current rules your T2 ICT leave can be extended indefinitely provided you have CoSs
3) If not, will I be able to switch to ICT General for the same sponsor from inside the UK?
no, to switch to T2G you would have to change sponsor
4) If not, will I be able to switch to ICT General for a different sponsor from inside the UK?
yes, you can switch to T2G in-country but only if you have a new sponsor
5) Will my stay so far be counted towards ILR?
only on the 10 year (long residence) route
https://www.gov.uk/government/uploads/s ... e-life.pdf

Details of my complete visa and travel history is as follows:
a) Work Permit(Issued in India)-Sponsor 1 - Validity (10/04/2007 - 31/12/2008) - Entry 06/05/2007 - Exit 26/04/2008
b) Business Visa(Issued in India)-Sponsor 2(Changed job) - Validity (08/10/2008 - 08/04/2009) - Entry 18/10/2008 - Exit 10/01/2009
c) Work Permit(Issued in India)-Sponsor 2(Change of Visa) - Validity (22/01/2009 - 31/12/2009) - Entry 25/01/2009 - Exit 06/07/2009
d) Went back to India on medical leave for 11 months, working at offshore for the same company. Visa expired in December 2009
e) Received CoS from company on 31 March 2010 and applied for Visa stamping on 09 April 2010. Visa refused as CoS didn't have ICT sub-categories which were introduced from 6 April 2010 - Reapplied visa with revised CoS and got ICT - Established staff visa
f) Tier 2 Established Staff(Issued in India)-Sponsor 2(Change of Visa) - Validity (04/06/2010 - 01/05/2011)- Entry1 16/06/2010 Exit1 17/10/2010 - Entry2 15/12/2010 - Exit2 27/12/2010 - Entry3 13/02/2011
g) Extended visa from UK
h)Tier 2 ICT Established Staff- Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (06/05/2011 - 01/05/2013)
i)Tier 2 ICT Long Term Staff - Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (14/05/2013 - 14/04/2016)

Thanks in advance for your help. Please let me know if you need any further information.
Regards
Ramana

[susan0x]

Is there any website or way to check the visa status or it was cancelled by the company before its expired?

you can check your immigration history by making a SAR request, see para 2:
https://www.gov.uk/government/uploads/s ... tion11.pdf

Thanks Manci..... you are champ....
One more question in my Mind, can I switch to Tier 2 General, if I get a new sponsor in UK...

Thanks

[manci]

[One more question in my Mind, can I switch to Tier 2 General, if I get a new sponsor in UK...

not if you were granted T2 ICT entry clearance under the rules in place after 6 April 2011

[susan0x]

not if you were granted T2 ICT entry clearance under the rules in place after 6 April 2011

Thanks for your response Manci.... as per my below entry clearance history and immigration rules in paras 245AAA (a)- ii and 245GF:
https://www.gov.uk/government/uploads/s ... MASTER.pdf


I came in UK on Tier 2 ICT (Migrant) stamped on 20-Apr-2010 (Applied before 05-Apr-2010) and came in uk in May-2010 to Nov-2010 (My visa still valid till Dec-2011)
Second, I came again on Tier 2 ICT in Jul-2011 (Fresh Visa from the same employer) and I am here thereafter.

Can I not move ti T2 (G)?

Sorry to bothering and pinging you on board again n again but I not aware about these immigration puzzles...

[manci]

fresh visa = entry clearance

[susan0x]

fresh visa = entry clearance

Thanks Manci....
Here Fresh Visa means My travel desk asked me to apply for ICT T2 again in Jul 2011 which is T2 ICT (Long term)
Although my previous visa (T2 ICT (Migrant) was valid till Dec-2011, I dont know my travel desk ask me to apply for fresh application in Jun-2011.

[manci]

Your 2011 entry clearance will not break the continuous period as far as ILR eligibility is concerned provided you will have had valid leave throughout the 5 years. However you cannot switch to T2G, see Immigration Rule 245HD(c).

[susan0x]

Your 2011 entry clearance will not break the continuous period as far as ILR eligibility is concerned provided you will have had valid leave throughout the 5 years. However you cannot switch to T2G, see Immigration Rule 245HD(c).

Thanks Manci... you are great...

[seeweare]

Hi Manci,
Thanks ever so much for your help earlier. Given the rules change in April 2014, I have few more queries and will be grateful if you could provide the answers:
1) I have continuous visa under Tier 2 ICT since 4th June 2010. Current visa is Tier 2 ICT LTS. Based on the new rules, if I switch to Tier 2 General, I will get a maximum visa period till 2016. Is that correct?
2) Can I apply for Tier 2 General from home country to get 5 years visa? Does cooling off apply for me in this case?
3) My wife is currently on Tier 2 ICT dependant visa. Her visa got approved in May 2012 and she came to UK on 2nd June 2012. Can she apply for Tier 2 General from here? or from home country? Does cooling off apply for her?
3) If she gets Tier 2 general visa, can i switch to Tier 2 general dependant in country? Or do i have to go back to my home country to apply? Does cooling off apply in this case? Am I legally allowed to work on Tier 2 general dependant visa?
4) How long are the tier 2 general visas issued? Is it for 5 years or 6 years? If my wife gets tier 2 general visa for 5 years, can she apply for ILR? Will I be eligible as well?
5) Will I be eligible to apply for ILR in long residence route in 2020 if i become tier 2 general dependant?

Thank you so much for your help. I cannot appreciate enough for the work you and your team is doing on this forum.

Regards
Ramana

Hi Manci,
Could you please help me assess my Visa situation? Many thanks for your help.

Please find my visa history below. In summary I have continuous visa from 04/06/2010 on Tier 2 ICT.
1)Could you please let me know if I am eligible for ILR in 2015 or 2016?
no, because you didn't have T2 ICT leave under the rules before 06/04/2010
2)If not, can the same sponsor extend my ICT LTS indefinitely? The 5 year cap on stay came into force on April 2011, and I am in uk before that.
under current rules your T2 ICT leave can be extended indefinitely provided you have CoSs
3) If not, will I be able to switch to ICT General for the same sponsor from inside the UK?
no, to switch to T2G you would have to change sponsor
4) If not, will I be able to switch to ICT General for a different sponsor from inside the UK?
yes, you can switch to T2G in-country but only if you have a new sponsor
5) Will my stay so far be counted towards ILR?
only on the 10 year (long residence) route
https://www.gov.uk/government/uploads/s ... e-life.pdf

Details of my complete visa and travel history is as follows:
a) Work Permit(Issued in India)-Sponsor 1 - Validity (10/04/2007 - 31/12/2008) - Entry 06/05/2007 - Exit 26/04/2008
b) Business Visa(Issued in India)-Sponsor 2(Changed job) - Validity (08/10/2008 - 08/04/2009) - Entry 18/10/2008 - Exit 10/01/2009
c) Work Permit(Issued in India)-Sponsor 2(Change of Visa) - Validity (22/01/2009 - 31/12/2009) - Entry 25/01/2009 - Exit 06/07/2009
d) Went back to India on medical leave for 11 months, working at offshore for the same company. Visa expired in December 2009
e) Received CoS from company on 31 March 2010 and applied for Visa stamping on 09 April 2010. Visa refused as CoS didn't have ICT sub-categories which were introduced from 6 April 2010 - Reapplied visa with revised CoS and got ICT - Established staff visa
f) Tier 2 Established Staff(Issued in India)-Sponsor 2(Change of Visa) - Validity (04/06/2010 - 01/05/2011)- Entry1 16/06/2010 Exit1 17/10/2010 - Entry2 15/12/2010 - Exit2 27/12/2010 - Entry3 13/02/2011
g) Extended visa from UK
h)Tier 2 ICT Established Staff- Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (06/05/2011 - 01/05/2013)
i)Tier 2 ICT Long Term Staff - Leave to Remain (Issued in UK)-Sponsor 2(Visa Extension) - Validity (14/05/2013 - 14/04/2016)

Thanks in advance for your help. Please let me know if you need any further information.
Regards
Ramana

[susan0x]

Hi Manci,

As you guys suggested, I have made a request HO for my SAR detail to know if my VISA was de-registered when I when back. I recieved it yesterday. Everything looks fine except an Expiry Date under Landing Card tab (A snapshot of their system screen). Expiry of my BRP in SAR is as same as on my BRP.

Kindly suggest what is the meaning of Expiry Date under Landing card Tab.
Thanks

[sanjivram]

Hi Manci,

I am currently working ICT tier 2 visa from Feb 2012 and my visa is valid till Feb 2015, The following are my quires:
1. How long can I stay with ICT tier 2 visa.
2. Is it possible to Switch from ICT tier 2 to Tier 2 General (With Same sponsor)
3. If my company is planning for a permanent transfer from India to UK(Payroll Switch over) then under what visa I will be entitled for, will it be tier 2 general.

Thanks and Regards,

Sanjivram

[manci]

Hi Manci,

I am currently working ICT tier 2 visa from Feb 2012 and my visa is valid till Feb 2015, The following are my quires:
1. How long can I stay with ICT tier 2 visa.
Feb 17 if you make a successful extension application with a new CoS
2. Is it possible to Switch from ICT tier 2 to Tier 2 General (With Same sponsor)
no
3. If my company is planning for a permanent transfer from India to UK(Payroll Switch over) then under what visa I will be entitled for, will it be tier 2 general.
you can only apply for T2G entry clearance from home country after 1 year cooling-off

Thanks and Regards,

Sanjivram

[susan0x]

Hi Manci,

As you guys suggested, I have made a request HO for my SAR detail to know if my VISA was de-registered when I when back. I recieved it yesterday. Everything looks fine except an Expiry Date under Landing Card tab (A snapshot of their system screen). Expiry of my BRP in SAR is as same as on my BRP.

Kindly suggest what is the meaning of Expiry Date under Landing card Tab.
Thanks

Hi Manci,

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

[manci]

what e-mail address did you use for sending your query to the HO?

according to the HO reply since your application for T2 ICT entry clearance was granted under the rules before 6 April 2010 you will be eligible to apply for ILR next year.

[susan0x]

what e-mail address did you use for sending your query to the HO?

according to the HO reply since your application for T2 ICT entry clearance was granted under the rules before 6 April 2010 you will be eligible to apply for ILR next year.

Thanks Manci....

I have used this email id workoperationalpolicy@homeoffice.gsi.gov.uk

first they have sent me the link of policies available on HO website then I asked my doubts regarding the date of application of T2 & T1, as I asked in this forum earlier. then I have got this reply from their side.

Thanks

[hemal11_2000]

Hi Susan0x,

My case is kind of similar as yours and with help from Manci I have submitted a SAR request to HO via post. Based on your experience can you please help me with following queries:

1) How did you come to know that your Tier 2 ICT visa came under the rules before 6-Apr-2010 before you contacted HO? Because you have mentioned that your stamp date was 20-Apr-2010 and your arrival date in UK was in May 2010. Was it based on the Name of Visa i.e. Tier 2 ICT (migrant) v/s Tier 2 ICT Established Staff?

2) I used the same email address to enquire about my eligiblity and date of my application of ICT entry clearance to HO, but I got a response stating that this email cannot be used to enquire about individual cases. How did you manage to get a response from HO via email?

3) Did you submit the SAR request through post as well? How long did it take for HO to send you a response? Was the response back in post or to your email address?

Thanks,
Hemal.

[susan0x]

Hi Susan0x,

My case is kind of similar as yours and with help from Manci I have submitted a SAR request to HO via post. Based on your experience can you please help me with following queries:

1) How did you come to know that your Tier 2 ICT visa came under the rules before 6-Apr-2010 before you contacted HO? Because you have mentioned that your stamp date was 20-Apr-2010 and your arrival date in UK was in May 2010. Was it based on the Name of Visa i.e. Tier 2 ICT (migrant) v/s Tier 2 ICT Established Staff?

Tier 2 ICT (migrant) comes under the rule before 6-Apr-2010

2) I used the same email address to enquire about my eligiblity and date of my application of ICT entry clearance to HO, but I got a response stating that this email cannot be used to enquire about individual cases. How did you manage to get a response from HO via email?

they havent told me in anything in first response. in third or fouth mail, I have ask them my doubts and luckly that man checked and told me that story.

3) Did you submit the SAR request through post as well? How long did it take for HO to send you a response? Was the response back in post or to your email address?

Yes, I have requested SAR through post. It took around one and half month and they sent me through post.

Thanks,
Hemal.

[hemal11_2000]

Thank you Susan0x. Very much appreciated.

May be I will then again try through email.

One last question, on my visa stamp of Apr 2010 the visa type is Tier 2 ICT (Migrant) but the Issue date is 29th Apr 2010 and I landed in UK on 9th May 2010. Do you think I still come under the rules before 6th Apr 2010?

[hemal11_2000]

Hi Susan0x,
I have now received a response from HO via email. They have confirmed that my Tier 2 ICT Migrant visa is being considered under the rules in place after 6th April 2010 because the date of application for entry clearance in their records shows 16th April 2010.

This basically proves our theory wrong i.e. Tier 2 ICT migrant visa type does not guarantee that it is considered as per immigration rules before 6th April 2010 and Tier 2 ICT Established staff visa type is not the only ICT visa that was issued after 6th April 2010 and before 6th April 2011.

Seems very frustrating and confusing as usual and now gives me no hope of ILR.