ILR TIER - 2 ICT ( 2 GAPS MORE THAN 180 DAYS )

[bangalore_1982]

HI Experts

Need your help and suggestion in helping me decide the best course for applying the ILR for this year, my current employer doesnt have any project lined up for me after the end of this year and i would like to apply for an ILR before december.
Can anyone suggest me any good solicitor or guide me with this.

I entered UK on 17th July 2009 and was working till 2nd november 2009
Date Left UK Date Entered UK
02/11/2009 13/05/2010
25/03/2011 04/04/2011
10/01/2012 20/01/2012
19/02/2012 21/04/2012
01/06/2012 10/06/2012
09/12/2012 23/12/2012
10/02/2013 24/08/2013
23/05/2014 09/06/2014

I have two gaps one is in 2009 which is 192 and the other in 2013 for 192 days, please suggest the best course

Cheers
P

[manci]

On the basis of absences alone it seems that the earliest you could apply for ILR would be around end of Feb 15. This is assuming that all your absences were work related, annual holiday or for compassionate reasons.

Work out the absence for each of the five one year periods counted backwards from an assumed date of application - none of them should be more than 180 days (days of travel don't count as absence).

see p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

If your current job finishes at the end of this year a solution might be to look for another job and, if possible, switch to T2G.

[ramuk555]

Hi Manci

Need your help and suggestion in helping me decide the best course for applying the ILR before 21/01/2015 as my current employer doesnt have any project lined up for me after that,

Here are my high level details about my Visa:

1st entry : Work permit - 02/11/2000 to 03/02/202 (not sure whether we can use it but mentioned for reference)

2nd Entry – work permit - 22/11/2007 and stayed until 15/11/2009 (work permit validity until 19/11/2009). Then went back to India and worked in the same company at offshore.

3Rd entry - Tier 2 ICT established staff – 07/08/2010 and staying ntil now without any break ( ICT validity - 09/07/2010 to 27/07/2010 and got extended further in ICT long term visa until now and its valid until 21/01/2015). The COS for this ICT visa was first issued on 22/06/2010 and got extended everytime when appiled for visa extension.

Kindly guide me with this.

Cheers
ramuk

[bhp]

Hi ramuk555,

Adding 5 years to 07/08/2010 and subracting a month, I think you will become eligible for ILR only around 10/07/2015.

Your 1st and 2nd entries cannot be counted for ILR.

[manci]

Hi Manci

Need your help and suggestion in helping me decide the best course for applying the ILR before 21/01/2015 as my current employer doesnt have any project lined up for me after that,

Here are my high level details about my Visa:

1st entry : Work permit - 02/11/2000 to 03/02/202 (not sure whether we can use it but mentioned for reference)

2nd Entry – work permit - 22/11/2007 and stayed until 15/11/2009 (work permit validity until 19/11/2009). Then went back to India and worked in the same company at offshore.

3Rd entry - Tier 2 ICT established staff – 07/08/2010 and staying ntil now without any break ( ICT validity - 09/07/2010 to 27/07/2010 and got extended further in ICT long term visa until now and its valid until 21/01/2015). The COS for this ICT visa was first issued on 22/06/2010 and got extended everytime when appiled for visa extension.

Kindly guide me with this.

Cheers
ramuk
unfortunately you don't seem to be eligible to apply for ILR on the 5 year route because:

Your 3rd entry clearance was under the rules after 5 April 10 (as T2 ICT Established Staff) and the break Nov 09 - July 10 was longer than 28 days

see last para on p27:
https://www.gov.uk/government/uploads/s ... eriods.pdf

[bangalore_1982]

Hi Manci

Thanks a lot for your response, I would like to take a chance and apply for an ILR with the help of a solicitor, Is there any solicitor you would recommend?

[ramuk555]

Thanks Manci - In that case if I switch to Tier 2 General now, will I be elligible for ILR by Aug 2015. Kindly guide me on this.

Regards,
ramuk555

[manci]

Thanks Manci - In that case if I switch to Tier 2 General now, will I be eligible for ILR by Aug 2015. Kindly guide me on this.

Regards,
ramuk555
if you switch after 6 November you will only be eligible for ILR after having spent 5 years on T2G.

[hassan12]

Hi Manci,

My ICT 2 visa will expire by end of Jan 2015.

I have applied my visa in 2010 Feb.

1St extension was in April 2013
2nd extension - waiting to apply by end of this month.

But My employer says I cannot apply exntension since i have utilised the 5 year visa.

Pls advise on this.I would like to go for 2nd extension.

[manci]

Hi Manci,

My ICT 2 visa will expire by end of Jan 2015.

I have applied my visa in 2010 Feb.

1St extension was in April 2013
2nd extension - waiting to apply by end of this month.

But My employer says I cannot apply exntension since i have utilised the 5 year visa.
This is incorrect. Refer your employer to Immigration Rule 245GE(b)(v):
https://www.gov.uk/government/uploads/s ... _final.pdf
Since you previously had T2 ICT leave under the rules before 6 April 2011 you can have any number of extensions (with a new CoS each time)

Pls advise on this.I would like to go for 2nd extension.

[hassan12]

Hi Manci,

My ICT 2 visa will expire by end of Jan 2015.

I have applied my visa in 2010 Feb.

1St extension was in April 2013
2nd extension - waiting to apply by end of this month.

But My employer says I cannot apply exntension since i have utilised the 5 year visa.
This is incorrect. Refer your employer to Immigration Rule 245GE(b)(v):
https://www.gov.uk/government/uploads/s ... _final.pdf
Since you previously had T2 ICT leave under the rules before 6 April 2011 you can have any number of extensions (with a new CoS each time)

Pls advise on this.I would like to go for 2nd extension.

Thanks Manci.

This is useful information for my case. Keep you updated on my luck with my employer.