Entry Clearance and ILR eligibility

[spiky]

Hello All,

I am currently Tier-1 General holder. I started my travels to the UK in 2006 on Tier-II ICT, moving to a Tier-I visa in 2011. My question is about when I can apply for an ILR. My visa dates are as follows:

Tier II ICT (applied from India): March 2006 to March 2008
Tier II ICT (applied from India): December 2008 to December 2010
Tier II ICT (applied from India): July 2010 to Aug 2013
Tier I General (applied from UK): May 2011 to May 2013
Tier I General (applied from UK): May 2013 to May 2016

I have been travelling frequently to the UK for short assignments since 2006, but am now permanently based here in the UK from August 2010.

Based on the rule change for visas issued after April 2010, I have been advised that my continuous period calculation does not start till May 2011. However, I was wondering if any of the Tier2 ICTs that I hold before my last Tier2 would be considered. My theory being that the first Tier2 entry clearance was provided in December 2008, and hence a subsequent application for Tier2 is only an extension to the current entry clearance.

- Is that a valid claim to make, would you know?
- Will a Subject Access Request to UKBA clarify which was the earliest entry clearance date that will be considered for ILR?
- Am I able to apply for ILR in August 2015, or do I have to wait till May 2016?

I am hoping that someone here is able to help! Thanks very much in advance!

Cheers!

[spiky]

I was wondering if any of the moderators here had a view on my request above?

[vinny]

Unfortunately, your continuous leave is subject to 245AAA.

It probably did restart in May 2011, after the grant of Tier 1 (General).

[spiky]

I really appreciate your response @vinny, however I am not sure I understand which clause of 245AAA refers to the specific interpretation that my Tier2 ICT time will not be included. The Tier1 application in May 2011 was made from within the country, the Tier2 application in July 2010 was made when my previous Tier2 entry clearance was still valid.

By the way, I have employed with the same employer throughout the periods of all my visas.

Is there no way I can apply for an ILR in Aug 2015?

[vinny]

You may be right, as I may have misread your dates.

Tier II ICT (applied from India): December 2008 to December 2010
Tier II ICT (applied from India): July 2010 to Aug 2013
Tier I General (applied from UK): May 2011 to May 2013

Perhaps your start date is your fist date of entry after December 2008. So, assuming that 245AAA is retrospectively applied, it appears that you may apply for ILR anytime now. What were your dates of entries?

[spiky]

Thanks Vinny. That was exactly my doubt too.

My dates of entry & stay in the UK since the issue of my Dec 2008 Tier2 ICT are as follows:

- 05/May/2009 to 09/May/2009
- 07/Oct/2009 to 01/Nov/2009
- 28/Feb/2010 to 06/Mar/2010
- 16/May/2010 to 28/May/2010
- 31/Jul/2010 to 03/Oct/2010 --- on my new Tier2 ICT visa applied from India.
- 09/Oct/2010 to 14/Jul/2011
- 27/Aug/2011 to date, .... been more permanently based in the UK, with only less than 90 days out of the country per year either on business or holiday.

I must also add that the main reason for me to renew my Tier2 ICT visa in July was that I was coming with my family (wife and 2 kids) to the UK, and did not want to get a dependent visa for them on my then existing Tier2 ICT which would have expired in Dec 2010 and thus needing a renewal for my dependents then.

To make things clearer, I am working out my eligibility to apply for ILR after August 2015, on the basis that I have been permanently based here in the UK since August 2010 (long term tenancy agreement, kids going to school here etc. etc.)

Thanks very much for your help!

[physicskate]

To make things clearer, I am working out my eligibility to apply for ILR after August 2015, on the basis that I have been permanently based here in the UK since August 2010 (long term tenancy agreement, kids going to school here etc. etc.)

Thanks very much for your help!

Many people have been 'permanently based here' for yonks, but that does NOT always make them eligible for ILR. You must be here under a route that leads to settlement (ie Tier 1) for the length of time required under that route. Tier 2 ICT entry clearance after April 2010 does not lead to settlement, and so your time under this will not be included. Your clock restarted when you applied for Tier 1.

[spiky]

thank you for filling in physicskate. I appreciate your point.

Like you say, I would have waited till May 2016 happily to start my application for ILR. However, it is the fact that I have been holding Tier2 ICT visas prior to the rule change in April 2010 that makes me think that there is probably an option for me to apply this August 2015. To be honest, I still am confused on this - is it that every time I apply for a Tier2 visa, UKBA does not consider my previous entry clearance? One of the posts here mentioned that it could be the case for applications made outside the UK. Apparently, if I had extended my Tier2 ICT from the UK after April 2010, I would be able to count all the time spent on the ICT visa within the continuous stay period.

Would the Subject Access Request clarify this doubt for me? i.e., Would the UKBA be able to tell me if they will consider my entry clearance from 2008 as the first entry clearance and the one in July as an extension?

Thanks!