Tier 2 ICT - Tier 2 General; Is ILR possible?

[akshayapte]

Thanks a lot Manci.

ashok_sethu - I already have a visa valid till Sep 2017, so it any ways makes my stay in UK for 7 years, so I don't come under the 6 years rule.

[avipul]

Dear Manci, Pls pls reply to my queries below, especially from #4 to #6.

BR
Vipul

Hi experts,

I have been following the conversations here and got a fair idea of the process, courtsey experts like manci. For my situation, iI have some doubts that I need clarified. Appreciate if you can guide. Here is my visa history for the UK-

ICT Short Term with family- stayed in the UK from 15/07/13 to 11/07/14
Applied for ICT Long Term from Home country
ICT Long Term with family- been in The UK since 25/08/14 (visa valid until 31/01/15, employer planning to apply for extension of the same)

My wife has recently received a job offer and the employer is willing to give her a Tier 2 General CoS for an year.

Queries-
1. I understand she has to apply for Tier 2 from Home Country and cooling off period doesn't apply. Is that right?
yes
2. As for myself, if I choose to switch to T2 General Dependent, can I do it from the UK?
yes
Does a cooling-off period apply?
no

3. Is it alright if the main applicant gets visa in Home Country while the dependent applies in The UK?
yes
4. Can I continue in my current job and assignment on T2 General dependent visa?
yes
5. After an year, my wife will be able to switch to a new employer (expecting they will be willing to give her a CoS) from within UK?
yes
6. As for CoS, is it something that can be issued only in the first week of a month?
restricted CoS applications by sponsors are only decided once a month (on the 11th)

Regards.
Vipul

Hi Manci,
Thanks a ton for the response..

A follow-up question-
My wife's sponsor isn't willing to provide a maintenance undertaking letter for her dependants (i.e. myself and kids). They want to certify it only for her. So, in dependants' applications, can I mention my savings (which is not a joint a/c), though I am not the main applicant, as the source of funds?

Thanks a lot,
Vipul

[manci]

[quote="avipul] A follow-up question-
My wife's sponsor isn't willing to provide a maintenance undertaking letter for her dependants (i.e. myself and kids). They want to certify it only for her. So, in dependants' applications, can I mention my savings (which is not a joint a/c), though I am not the main applicant, as the source of funds?
yes

btw - are the dates you gave for your current T2 ICT LTS visa correct?
ICT Long Term with family- been in The UK since 25/08/14 (visa valid until 31/01/15

Thanks a lot,
Vipul[/quote]

[avipul]

[quote="avipul] A follow-up question-
My wife's sponsor isn't willing to provide a maintenance undertaking letter for her dependants (i.e. myself and kids). They want to certify it only for her. So, in dependants' applications, can I mention my savings (which is not a joint a/c), though I am not the main applicant, as the source of funds?
yes

btw - are the dates you gave for your current T2 ICT LTS visa correct?
ICT Long Term with family- been in The UK since 25/08/14 (visa valid until 31/01/15

Thanks a lot,
Vipul

[/quote][/quote]


Hi Manci,
Yes the dates are correct. My client contract was valid till 31/12/2014 so I was given a visa until 31/01/2015. I am hoping I would be able to move to Tier 2 dependant (within UK) before 31/01/15. Do you see a problem?

[manci]

Hi Manci,
Do you see a problem?
keep in mind that your wife's sponsor will probably need to do a RLMT which takes a month and then apply for a restricted CoS on the monthly cycle. Once she has the CoS she has to travel to home country and apply for her visa from there (check processing time on website)

[avipul]

Hi Manci,
Do you see a problem?
keep in mind that your wife's sponsor will probably need to do a RLMT which takes a month and then apply for a restricted CoS on the monthly cycle. Once she has the CoS she has to travel to home country and apply for her visa from there (check processing time on website)

Thanks Manci. They are already done with the RLMT and applied for the CoS and we are expecting it to be issued in Nov cycle, i.e. this week. With a processing time of 3-5 weeks in Delhi, I am hoping she gets her visa done by Christmas, after which I would have around 5 weeks to get mine.

[avipul]

Hi Manci,
Do you see a problem?
keep in mind that your wife's sponsor will probably need to do a RLMT which takes a month and then apply for a restricted CoS on the monthly cycle. Once she has the CoS she has to travel to home country and apply for her visa from there (check processing time on website)

Thanks Manci. They are already done with the RLMT and applied for the CoS and we are expecting it to be issued in Nov cycle, i.e. this week. With a processing time of 3-5 weeks in Delhi, I am hoping she gets her visa done by Christmas, after which I would have around 5 weeks to get mine.

Hi Manci,
One more question- my wife's sponsor has provided the CoS number but they are saying that there is no such 'CoS letter' that they can provide us. Are you aware if just filling up the CoS nuber on the visa form is sufficient? Is it also required to attach a 'physical proof' of the CoS alongwith visa application?

[manci]

[quote="avipul
Hi Manci,
One more question- my wife's sponsor has provided the CoS number but they are saying that there is no such 'CoS letter' that they can provide us. Are you aware if just filling up the CoS nuber on the visa form is sufficient? Is it also required to attach a 'physical proof' of the CoS alongwith visa application?

the CoS number is sufficient for the application but a printout of the CoS is useful for you/her to check the data in it[/quote]

[T2ICT-ILR-2013]

Hi Manci and other immigration specialists.

I have gone through this blog and quite impressed by the knowledge and expertise shared by the members... I look forward for your feedback on my queries. I am working in UK with a T2ICT Long term visa (March 2013 to 2016). My wife is studying for her Masters with a T4 General Student visa (Aug 2014 to Jan 2016).

We are considering following options that leads either of us to the ILR.

1. Route 1: if I switch to my wife's visa as a T4 dependent,
i - will I avoid the 12 months cool off period and can change to T2 General from UK after 1 year?
ii - can I continue working full time when I am T4 dependent?
iii - if yes, will I be eligible for ILR by 2017 (ICT + T4 dependent + T2G)?

2. Route 2: if by the end of my T2ICT visa, I managed to get an offer for 153,500 GBP from my same sponsor,
i - can I change to T2 General (3yrs visa)?
ii - if yes, will I be eligible for ILR by 2017 (ICT + T2G)?

3. Route 3: if my wife gets a job offer after she graduates (T2 General),
i - can I work in UK as a dependent on her visa?
ii - if yes, will I then avoid the 12 months cool off period?
iii - will I be eligible for ILR by 2017 (ICT + T2 dependent + T2G)?

4. Route 4: if I study for 1 year (Jan 2016 to 2017), then get a job in UK. This is now considering the 10 years stay in UK.
i - will I be eligible for ILR by 2023 (ICT + T4G + T2G)?

Appreciate your feedback and sharing your expertise against my above questions. Many thanks in advance.

Cheers...

[avipul]

[quote="avipul
Hi Manci,
One more question- my wife's sponsor has provided the CoS number but they are saying that there is no such 'CoS letter' that they can provide us. Are you aware if just filling up the CoS nuber on the visa form is sufficient? Is it also required to attach a 'physical proof' of the CoS alongwith visa application?

the CoS number is sufficient for the application but a printout of the CoS is useful for you/her to check the data in it

[/quote]

Hi Manci,

Thanks a lot for your help. With your guidance, my wife has received her T2 general visa today. Valid from 01 dec 2014 through 30 nov 2019.

One question here- my wife is travelling back to UK on 24 dec 2014, so would she be eligible to apply for ILR well in time before T2 visa expires? I was reading about the 90 day rule that allows one to enter UK within 90 days of the grant of T2 visa. So the fact that my wife will not have finished 5 years in the UK before 30 nov 2019 shouldn't create a problem for her ILR. Is that right?

Regards,
Vipul

[manci]

[quote="avipul
One question here- my wife is travelling back to UK on 24 dec 2014, so would she be eligible to apply for ILR well in time before T2 visa expires? I was reading about the 90 day rule that allows one to enter UK within 90 days of the grant of T2 visa. So the fact that my wife will not have finished 5 years in the UK before 30 nov 2019 shouldn't create a problem for her ILR. Is that right?
under current rules she will be eligible to apply 28 days before 1 Dec 2019
Regards,
Vipul[/quote]

[avipul]

Hi Manci,

My wife received her Tier 2 General visa from Delhi embassy on 01-Dec-14 and was supposed to travel back to UK on 24-Dec.
In the meanwhile I applied for an in-country Tier-2 dependent visa and had a premium appointment on 22-Dec. But to my disappointment, my application was refused under paragraph 319(C) (b)(ii) {on the grounds that my wife's visa had not been 'conferred' yet by an Immigration Officer as per 'The Immigration (Leave to Enter or remain) Order 2000-No. 1161- part iv- article 13'}.

I had to book another appointment after my wife returned to the UK and the application was accepted. I am waiting for the BRP.

My question is- Since I paid twice (£1256 each time), do I have a case for the refund of one of the payments? I understand had they told me at the time of registering my case on 22-Dec that my application could be rejected on this ground and given me an option to withdraw it, I wouldn't have had to pay twice. Moreover, nowhere they have specified that the main applicant should have entered UK.

regards,
Vipul

[manci]

@avipul
According to immigration rule 319C(b) which was quoted in the refusal:

319C. Requirements for entry clearance or leave to remain
........................
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or

At the time of the refusal neither (b)(I) nor (b)(ii) above were satisfied. Note that entry clearance is given by the ECO overseas but leave to enter is granted by the Immigration Officer by putting a stamp on the entry clearance at the port of entry. This in effect means that you couldn't have been granted leave to remain as a PBS dependant until your wife had arrived in the UK.

The refusal was therefore according to the rules and unfortunately you cannot claim a refund of the fee paid.

[Tier2_ILR_2010]

Hi Maci,

Please let know if the COS (Certificate of Sponsorship) issue date is 23/03/2010, then will am be able to apply for ILR after completing 5 years in UK on Tier 2 ICT category under the rule set before 06/04/2010- Thanks

[manci]

Hi Maci,

Please let know if the COS (Certificate of Sponsorship) issue date is 23/03/2010, then will am be able to apply for ILR after completing 5 years in UK on Tier 2 ICT category under the rule set before 06/04/2010-
irrespective of the date of the CoS you will only be eligible for ILR if you applied before 6 April 2010. The date of overseas applications is the date the visa fee was paid



Thanks

[MOB1]

d

[MOB1]

Hi Manci
I'm holding a Tier 2 ICT Long term since Sep 2013, my visa is valid until Oct 2016; my wife is also in the UK as Tier 2 dependant.

I didn't know that I can't get the ILR with my visa until recently last week, so I'm wondering what options do I have:

1. is there a possibility to change to T2 Genral with my current sponsor if I change my role within the company?
2. My current sponsor had offices in the US, France, Ireland... if I get transferred to one of these offices and then come back to the UK, can I get the Tier 2 G then?
3. if I want to change the job with another sponsor, can I do it while I'm still in the UK?
4. Is it easy to change to Tier 1 entrepreneur if I manage to get the £50K and then keep working as a contractor?
5. If I start a company outside the UK, can apply for Oversee business representative and work as a contractor?

If any of these options is possible, will that allow me to apply for ILR?

P.S: I work as analyst programmer

Thanks a lot

[manci]

Hi Manci
I'm holding a Tier 2 ICT Long term since Sep 2013, my visa is valid until Oct 2016; my wife is also in the UK as Tier 2 dependant.

I didn't know that I can't get the ILR with my visa until recently last week, so I'm wondering what options do I have:

1. is there a possibility to change to T2 Genral with my current sponsor if I change my role within the company?
no, you cannot switch to T2G with any sponsor

2. My current sponsor had offices in the US, France, Ireland... if I get transferred to one of these offices and then come back to the UK, can I get the Tier 2 G then?
yes, but you have to spend 1 year outside the UK first (cooling-off)

3. if I want to change the job with another sponsor, can I do it while I'm still in the UK?
no, see 1 above

4. Is it easy to change to Tier 1 entrepreneur if I manage to get the £50K and then keep working as a contractor?
not easy but possible, read the guidance:
https://www.gov.uk/government/uploads/s ... _06_11.pdf

5. If I start a company outside the UK, can apply for Oversee business representative and work as a contractor?
no

If any of these options is possible, will that allow me to apply for ILR?
yes, T2G and T1E will

P.S: I work as analyst programmer

Thanks a lot

[Porus]

@Manci,
In this thread for an earlier query for T2General dependent incountry switch, you had explained a rule for rejection as below . Is there a similar rule for Out of Country T2G dependent application pls. I have applied for T2G dependent with T2G main migrant visa copy when T2G main migrant travelled to UK the next day. So entry clearance happened 1 day after my T2G dependent application was submitted in Delhi. Please please help in sharing your views.
"According to immigration rule 319C(b) which was quoted in the refusal:

319C. Requirements for entry clearance or leave to remain
........................
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or

At the time of the refusal neither (b)(I) nor (b)(ii) above were satisfied. Note that entry clearance is given by the ECO overseas but leave to enter is granted by the Immigration Officer by putting a stamp on the entry clearance at the port of entry.

[Porus]

@Manci,
In this thread for an earlier query for T2General dependent incountry switch, you had explained a rule for rejection as below . Is there a similar rule for Out of Country T2G dependent application pls. I have applied for T2G dependent with T2G main migrant visa copy when T2G main migrant travelled to UK the next day. So entry clearance happened 1 day after my T2G dependent application was submitted in Delhi. Please please help in sharing your views.
"According to immigration rule 319C(b) which was quoted in the refusal:

319C. Requirements for entry clearance or leave to remain
........................
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or

At the time of the refusal neither (b)(I) nor (b)(ii) above were satisfied. Note that entry clearance is given by the ECO overseas but leave to enter is granted by the Immigration Officer by putting a stamp on the entry clearance at the port of entry.

[thecrazycub]

Hi,

I came to UK on Sep 10 2010. I have been extending the visa and the current visa expires on 14th Sep 2015. Can I apply for an extension? If I can, will it be possible only till Sep 2016 (max 6 years) ? I hear there were some changes in the immigration policy made during last November so not sure how that will impact my case.

Thanks.

[manci]

@Manci,
I have applied for T2G dependent with T2G main migrant visa copy when T2G main migrant travelled to UK the next day. So entry clearance happened 1 day after my T2G dependent application was submitted in Delhi. Please please help in sharing your views.
there is no problem here as the main applicant travelled to the UK before the dependant

[pkdas]

Hi All

My initial CoS (T2: ESTABLISHED STAFF) was issued on 30-Nov-2010 and I entered UK on 25-Jan-2011. After that I am continuously staying in UK with same sponsor and current CoS type is Tier 2 (ICT - Long Term Staff).


I have checked https://www.gov.uk/settle-in-the-uk/ and here is the Eligibility


Eligibility

You can apply if:
you have a Tier 2 (Intra-Company Transfer) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice

To qualify, you must have had at least one of these visas in the 5 years:
Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer

You can have had any combination of these visas during the 5 years:
Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business

If you’re 18 to 64 years old when you apply, you must also pass:
the Life in the UK Test
an English language test


Can you please confirm if I can apply for Apply to settle in the UK after 5 years? Need to know if my initial CoS issued on 30-Nov-2010 is Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010?

Regards
pkd

[manci]

Hi All

My initial CoS (T2: ESTABLISHED STAFF) was issued on 30-Nov-2010 and I entered UK on 25-Jan-2011. After that I am continuously staying in UK with same sponsor and current CoS type is Tier 2 (ICT - Long Term Staff).


I have checked https://www.gov.uk/settle-in-the-uk/ and here is the Eligibility


Eligibility

You can apply if:
you have a Tier 2 (Intra-Company Transfer) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice

To qualify, you must have had at least one of these visas in the 5 years:
Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer

You can have had any combination of these visas during the 5 years:
Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business

If you’re 18 to 64 years old when you apply, you must also pass:
the Life in the UK Test
an English language test


Can you please confirm if I can apply for Apply to settle in the UK after 5 years? Need to know if my initial CoS issued on 30-Nov-2010 is Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010?
it wouldn't be and in any case it is the date of your initialT2 ICT application that determines under what rules your visa was issued. If you applied after 5 April 2010 your initial leave was as T2 ICT Established Staff. Unfortunately you are not eligible for ILR on the 5 year route.

Regards
pkd

[pokemon2684]

Hi,
I posted this query in the forum in different category a week back but did not get any reply. Then I saw this thread where similar queries are addressed hence posting here again.

- I had T2 ICT Visa of which the Entry Clearance was done in Sep 2009. I travelled to UK in Nov 2009.

The sequence of events was like this;
- That visa got extended in Jan 2012 immediately after which I went back to India. The Visa was valid till Sep 2013. In the BRP, under Visa category, it says T2 ICT Long Term Leave To Remain.
- I came back in UK again in March 2013 on same Visa. That old visa got extended again for the second time in Sep 2013. It was valid till Oct 2014. I know there is a dis-continuity in my stay for more than 180 day that will not allow me to apply for ILR now.
- Meanwhile in Feb 2014 I switched to T2 G and changed my employment under a new CoS. (Considering my entry clearance was before 6th April 2010, I was allowed to switch). My current BRP says it is T2 G Leave To Remain and is valid until March 2017.

I wanted to know - for my case for ILR application, does the clock start in March 2013 or it resets in Feb 2014 when I switched to T2 G?

Also, I seek some clarification on 6 year restriction rule on T2 visas 245HE a(iv). Does it impact me given mine was 2009 one? I suppose not as otherwise I would not have got the visa till March 2017 anyway. Wanted to check with you guys.

Sorry for lengthy post. Any help would be really helpful. Thanks!