Query on Tier 2 ICT visa types and extension!

[ellahee]

Hi All,

I have been reading so many different websites with different information regarding the Tier 2 ICT visa but I was mainly focusing on reading the UKBA website (gov.uk) and I found the following information (from the last updated doc dated - 6 Nov 2014) with regards to my query -

"If you are already in the UK and were initially granted leave in one of the categories listed below:
 Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6
 April 2011"
And You have not since been granted leave to remain, entry clearance or leave to enter in any other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend your stay beyond 5 years. If you are applying for an extension in this way, the job does not need to be at NQF level 6 (or the equivalent in Scotland), nor do you need to meet the minimum salary threshold of £41,000. However, the Certificate of Sponsorship must confirm that the job is at or above NQF level 3 (or the equivalent in Scotland). The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job. These requirements are set out in the codes of practice on our website at: http://www.gov.uk/government/collection ... ation-for- employers-and-educators.

I have checked the codes of practice as well for the job designation and appropriate salary with everything in favour to me and my Query is :-

Will I be able to extend my Visa which expires this year on 21 Sep 2015 and the history is given below -

1. Got the Tier 2 ICT Established Staff Visa on 1 Sep 2010 until 1 Oct 2013
2. Applied for extension in Sep 2013 and got it extended until 21 Sep 2015 but the visa category now says - "Tier 2 ICT long term staff leave to remain"

Could anyone kindly let me know if I am eligible to apply for an extension this year and if so then for how many years I will get the extension and I am with the same company since beginning from whom I got the COS.

Many thanks in advance,
Mansoor Ellahee

[manci]

Hi All,

I have been reading so many different websites with different information regarding the Tier 2 ICT visa but I was mainly focusing on reading the UKBA website (gov.uk) and I found the following information (from the last updated doc dated - 6 Nov 2014) with regards to my query -

"If you are already in the UK and were initially granted leave in one of the categories listed below:
 Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6
 April 2011"
And You have not since been granted leave to remain, entry clearance or leave to enter in any other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend your stay beyond 5 years. If you are applying for an extension in this way, the job does not need to be at NQF level 6 (or the equivalent in Scotland), nor do you need to meet the minimum salary threshold of £41,000. However, the Certificate of Sponsorship must confirm that the job is at or above NQF level 3 (or the equivalent in Scotland). The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job. These requirements are set out in the codes of practice on our website at: http://www.gov.uk/government/collection ... ation-for- employers-and-educators.

I have checked the codes of practice as well for the job designation and appropriate salary with everything in favour to me and my Query is :-

Will I be able to extend my Visa which expires this year on 21 Sep 2015 and the history is given below -

1. Got the Tier 2 ICT Established Staff Visa on 1 Sep 2010 until 1 Oct 2013
2. Applied for extension in Sep 2013 and got it extended until 21 Sep 2015 but the visa category now says - "Tier 2 ICT long term staff leave to remain"

Could anyone kindly let me know if I am eligible to apply for an extension this year and if so then for how many years I will get the extension and I am with the same company since beginning from whom I got the COS.
you can extend your leave if you have a new CoS. The length of the extension will be the period of engagement stated in the CoS or 5 years, whichever the shorter.

Many thanks in advance,
Mansoor Ellahee

[ellahee]

Thanks Manci for your reply.

Yes I do have a new CoS now for long term staff category and the old CoS number was different for established staff visa.
when you say "the period of engagement stated in the CoS " - are you referring to the application form I filled or going to fill while applying for extension this year and yes 5 years 14 days is the maximum allowed I think for long term staff category isn't it ?

In my last extension request they have given me a BRP card with a new CoS number for 2 years (from Sep 2013 to Sep 2015) so I am assuming that this time as per your reply that I will be able to apply for extension and hopefully for may be another 3 years under new visa category (T2 ICT long term staff) or is it like both the visa categories are clubbed together and my 5 years are going to complete now.

please can you correct me if my assumption is otherwise?

many thanks
Mansoor

[manci]

Thanks Manci for your reply.

Yes I do have a new CoS now for long term staff category and the old CoS number was different for established staff visa.
when you say "the period of engagement stated in the CoS " - are you referring to the application form I filled or going to fill while applying for extension this year and yes 5 years 14 days is the maximum allowed I think for long term staff category isn't it ?
no, the period of engagement is as stated in the CoS and it is the sponsor's choice (work start and end dates)

In my last extension request they have given me a BRP card with a new CoS number for 2 years (from Sep 2013 to Sep 2015) so I am assuming that this time as per your reply that I will be able to apply for extension and hopefully for may be another 3 years under new visa category (T2 ICT long term staff) or is it like both the visa categories are clubbed together and my 5 years are going to complete now.
there is no 5 year limit on your stay, you can remain in the UK indefinitely as long as your sponsor is prepared to continue employing you

please can you correct me if my assumption is otherwise?

many thanks
Mansoor

[jhabak]

Hi there

I am in UK currently on Tier 2 ICT and will be leaving UK on 22 Feb to apply under Tier 2 (already got my Restricted COS allocation).
My employer wanted to ensure I get a visa appointment before going to India.
However without giving details of the below section, I cannot submit my application and get an appointment.

Please Enter Details of up to your 5 most recent visits (which will include my 22feb exit from UK)

Can you guide me what I can do in such a scenario please?

[ellahee]

Thank you Manci for you replies so far.

As per your below comments -
"there is no 5 year limit on your stay, you can remain in the UK indefinitely as long as your sponsor is prepared to continue employing you"

Am I ok to switch to a different sponsor now because if another sponsor is willing to sponsor me in case if my current company doesn't want to do then in that case will I be still eligible for remaining in UK as long as someone is sponsoring me Visa because I am only worried of the category on my BRP card as it says "Long Term Staff Leave to remain".

can you please clarify this.

Thanks in advance,
Mansoor

[manci]

Thank you Manci for you replies so far.

As per your below comments -
"there is no 5 year limit on your stay, you can remain in the UK indefinitely as long as your sponsor is prepared to continue employing you"

Am I ok to switch to a different sponsor now because if another sponsor is willing to sponsor me in case if my current company doesn't want to do then in that case will I be still eligible for remaining in UK as long as someone is sponsoring me Visa because I am only worried of the category on my BRP card as it says "Long Term Staff Leave to remain".
you are eligible to switch in-country to T2G with a different sponsor. Your BRP card is not an issue

can you please clarify this.

Thanks in advance,
Mansoor

[ellahee]

Thank you Manci for all your replies so far.

May I please know if am ok to apply for extension within UK as an individual or do I need to apply along with my dependant who is currently with me now but is expected to fly back to our country next month due to personal reasons.

Also I think we can apply for extension of visa before 3 months of current visa expiry date or can we apply even before that? can you please confirm this as well.

Many Thanks,
Mansoor Ellahee

[manci]

your dependant's visa remains valid until its expiry date even if you switch to T2G or extend your T2 ICT visa. It is your (or the dependant's) choice whether s/he applies together with you now or later before their visa expires

[Punniyab]

Hello,
My 1st query is :
I'm very confused and not used to immigration policies. I am currently on Tier 2 ICT (gotten Oct 2012) that would be expiring in Oct 2015. What are the possibilities to switch to Tier 2 G? I've heard I need to leave UK for 12months and then come back. Please someone help explain a bit

2nd query :

My dauther is bourn in UK on Aug 2014 is that possible for her to get any benefits ? I have heard she will get citizenship after 18 years of ther age etc.,. Please clarfy these queries. thanks in advance.