Extending Tier 2 ICT visa

[jamesjosephp]

Hi,

I'm currently in the UK on Tier 2 ICT visa (Long term category) which is due to expire on 29th April 2014. I entered the country first on 13th Dec 2008 (on a Work Permit) and subsequently I have made 3 in-country extensions.

Q1) I need to travel out of country on the 29th May 2014 and looking at the gov.uk website the processing time for Tier 2 ICT visas (in country) is 8 weeks. My company will issue me with a CoS tomorrow and I wanted to know what's the earliest date to make my Tier 2 ICT extension application. Could someone provide information on this?

Q2) I am not sure about this but I thought I'll ask. Since I entered the country on a Work Permit (Multiple entry visa) would the case worker check if I meet salary thresholds?

Thanks.

Regards,
James.

[manci]

you can apply for the extension as soon as you have the CoS (tomorrow). If you are concerned about the processing time you could use the premium or the priority postal service.

Are you sure your work permit was a MEWP? Was "Multiple Entry" printed at the top left of the A4 work permit?

[jamesjosephp]

Hi Manci,

Thank you for your reply.

If it was just for myself I would have decided to go for premium application but I'm planning to extend my family's visa as well (3 persons) which adds up to a substantial amount.

Looking at my A4 Work Permit sheet it doesn't mention "Multiple Entry" on the top left.

The vignette on my passport, however, says "Number of entries: MULT" on the left side.

James

[jamesjosephp]

Hi Manci,

I am a bit worried now. Should the print "MEWP" be present on the A4 Work Permit in order to extend my visa without salary thresholds?

Many thanks.

Regards,
James.

[manci]

Looking at my A4 Work Permit sheet it doesn't mention "Multiple Entry" on the top left.

The vignette on my passport, however, says "Number of entries: MULT" on the left side.

This means that you did not have a MEWP.
are you not eligible to apply for settlement (ILR)?

[jamesjosephp]

Hi Manci,

Sad side of things, my company will not provide the letter to confirm I'm needed for the job in order to make ILR application. My only option now is to extend but, as I mentioned, I am unsure if UKBA will apply the £40,600 salary requirement.

These questions have arisen because of the following question in the Tier 2 application form

L4: What is your current or last grant of leave?

A list of options are provided and from my point of view there are the following possible answers

- a Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category Go to question L9
- a Tier 2 (Intra Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011 Go to question L10
- a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer Go to question L10

My current biometric card shows my visa category as LONG TERM LEAVE TO REMAIN. If I follow exactly what Question L4 says then I should tick option 1 above. That leads to a salary requirement of £40600 which I do not meet.

If I select option 3 then I am not sure the text "applicant was the subject of an Intra-Company Transfer" means and if the salary threshold is still a requirement

Option 2 is the safest option but I'm not sure if I can tick that option.

Thanks.

Regards,
James.

[manci]

As your initial leave was as a work permit holder you don't have to meet the £40,600 salary threshold but your salary has to be at least the minimum prescribed for your SOC code. Also, the job doesn't have to be NQF level 6 (level 3 is sufficient). See para 27 in the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

For the min. salary required (for a 39 hour week) see:
https://www.gov.uk/government/uploads/s ... orkers.pdf

on the application form:
L4
a Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category
L9
yes
L10
yes

[jamesjosephp]

Manci,

Thank you.

A problem that I have now is that my company has issued me with a CoS with the incorrect Tier 2 category. They have specified the category as Tier 2 ICT Short Term instead of Tier 2 ICT Long term.

When I highlighted this error to the HR, I was then issued with the same copy of the CoS with an additinal "Sponser Note" line mentioning that the category should be read as Long Term instead of Short Term.

Do you think there is a possibility of this line being overseen by the casework thereby leading to a rejection of application?

Thanks again.

Regards,
James.

[manci]

no, there is no chance of the sponsor note being overlooked if the CoS has not been "used" yet.

[jamesjosephp]

Hi Manci,

My previous visa status was Tier 2 ICT Long term category which was valid till 29th April 2015. My current visa status is Indefinite Leave to Remain - Settlement but my dependants are still on Tier 2 ICT Long term dependant category. Although they (dependants) have had multiple entry clearances on their passports with first one dating back to December 2008, their last visa application (made in India) was on 12th July 2012. This means that they will have to be in the UK for 5 years starting August 2012 in order for them to apply for ILR. Their current visa expires on 29th April 2015. I am confused as to what type of visa they should apply for to extend their stay in the UK. Whatever that visa type is will they be able to apply in country?

Thanks.

Regards,
James.

[manci]

all explained here:
http://www.immigrationboards.com/immigr ... 14832.html

[jamesjosephp]

Hi Manci,

Thank you for the link, but I'm now confused.

I entered the country on 13th December 2008 on a Work Permit. Over the last 6 years I had made 4 visa extensions. Prior to my ILR application last September my visa category was Tier 2 ICT - Long term (with leave to remain till 29th April 2015).

My current status visa is Indefinite Leave to Remain - Settlement. For my dependents (wife and daughter) the visa status is Tier 2 ICT Long term dependents, leave to remain till 29th April 2015.

Since I entered the country as a Work Permit holder, does that mean that my dependants can apply for ILR if they have stayed in the UK for 2 years? They have had multiple entry clearances over the past 6 years,the last one granted on 12th July 2012. If not I believe the options are

1) Switch to "Family of a Settled person" visa
2) Extend visa as PBS dependent

Which is the best option to take? What's the earliest date they can apply for a visa (current visa expires 29th April 2015)?

Many thanks for your advice so far.

Regards,
James.

[manci]

you said that your dependants had "multiple entry clearances over the past 6 years.....". Did you mean extensions rather than entry clearances?
[/i]
read the section "Dependants of WP migrants" in the link given above and immigration rule 196D:
https://www.gov.uk/government/uploads/s ... rt_5v2.pdf
Note that the wording of 196D is "partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193..."

[jamesjosephp]

Hi Manci,

It was not visa extensions within the country. My dependents had applied in India 4 times during the past 6 years. The only time an extension application was made in country was when the last entry clearance validity was about to expire. Their current visas expire 29/04/2015. Please see entry clearance dates listed below.

Entry clearance vignette stamp date Valid Till
13/12/2008 30/04/2010

20/08/2010 15/05/2011

05/09/2011 30/05/2012

20/07/2012 29/04/2014

Thanks.

James.

[manci]

I still think that your dependants are eligible for ILR provided the requirements of immigration rule 194 (ii)-(vii) are met and, specifically, if at the last time they entered the UK (on 20/07/2012) "the parties intended to live with the other as his or her partner during the applicant's stay and the relationship is subsisting"

[jamesjosephp]

Hi Manci,

The application for their last entry clearance was made on 12th July 2012, just after the rule change on 9th July 2012

So wouldn't that mean my dependents have to stay for 5 years in the UK before they can apply for ILR?

Thanks again.

Regards,
James.

[jamesjosephp]

Hi Manci,

The application for their last entry clearance was made on 12th July 2012, just after the rule change on 9th July 2012

So wouldn't that mean my dependents have to stay for 5 years in the UK before they can apply for ILR?

Thanks again.

Regards,
James.

[manci]

I think 196D(i)(2) fails so your wife would not be eligible to apply now under this rule.

However, have a look at this thread which is similar and relevant to your wife's situation and discusses the "continuity of leave" issue and the unforeseen success of that particular application:
http://www.immigrationboards.com/indefi ... ml#p896912