ILR pending in Aug-2015 but employer sending me back

[UK_ILR2015]

Dear All,

I will be eligible for ILR in Aug 2015 and hence my employer is sending me back to India in April when my current Tier 2 ICT visa expires. I had been recently reading through the guidelines for the allowed duration outside the UK and understand that I can afford 180 days in ONE year.

Considering 15 Aug 2015 - 15 Aug-2014 as Year 1, I have spent no more than 15 days outside UK. Does it mean that I can afford to go back to my home country in April, get some funds required for getting a Tier 2 general visa with sponsorship and then return before Aug-2015 (so maximum 100 days outside the country) and still be eligible for ILR?

I understand I would need to produce the letter from the employer stating the reason why I was absent from UK but I hope I would be able to manage this. I am more worried about managing the cost of the stay for next 3 months in UK without any job since there are not many Tier 2 General jobs in the market at present.

Any inputs would be highly appreciated.

Thanks in advance,

[talk2ram28]

Could you clarify when you entered UK with ICT visa? If you say you are eligible by Aug 2015 for ILR then you must have entered by Aug 2010.ICT to ILR route has been cancelled from Apr 6 2010.

[moonlight55]

When was your first ICT visa issued & when did u enter UK for the first time?

[UK_ILR2015]

Hello guys,

Thanks for your response. My Tier 2 ICT visa was first issued in July 2009 and I entered UK in Aug 2010.

I recently had a sought a solicitor for immigration services and he confirmed I am eligible for ILR.

[iworker]

if you entered in Aug 2010, then you are not eligible for ilr.
unfortunately, in reality, a solicitor confirming anything does not mean its correct.

[poper]

Hi iworker

imho, timeframe of entry into the UK does not have a bearing as long as someone received a grant before April 6, 2010.
The time when the application was made is what matters.

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

To obtain ILR the candidate will need to switch to Tier 2 General(with a different sponsor) within the UK

Poper

[talk2ram28]

In any case you have a cooling period for Tier 2. This means that once you return back to your home country, you then need to wait for 12 months for making a new Tier 2 application. The only option is for persuading your current employer to retain you till you get your ILR. Tier 2(ICT) to Tier 2(General) is not allowed within UK either.

[poper]

Sorry... Thats incorrect. Tier 2 ICT Prior to April 2011 is eligible for a Tier 2 General switch

Poper

[manci]

I will be eligible for ILR in Aug 2015 and hence my employer is sending me back to India in April when my current Tier 2 ICT visa expires.
are you being made redundant or is the company offering to continue employing you in India?

You are eligible to switch to T2G in the UK but need to find a new sponsor asap. They would have to do a RLMT (takes 28 days) unless the job is a shortage occupation and once that is done, and a CoS is assigned, you would need to apply for leave to remain within 28 days of the expiry of your current leave
,

[UK_ILR2015]

Thanks poper for your valuable inputs.

Hello manci,

Thanks for your reply. My company will be employing me in India in another project.

However I am not sure about this part - you would need to apply for leave to remain within 28 days of the expiry of your current leave

If my visa expires on 16 April, I believe I would need to get back to India. In that case, can I apply for Tier 2 General within 28 days (before 14 may) from India?

Any response would be appreciated.

Thanks in advance.

[manci]

Thanks poper for your valuable inputs.

Hello manci,

Thanks for your reply. My company will be employing me in India in another project.
The company could help by assigning a new CoS to you. If you then applied for and got a new visa, you could still go to India to work and on completion of the 5 year qualifying period return to the UK and apply for ILR. This is provided your absence didn't exceed 180 days in the 12 months period prior to the date of the ILR application.


However I am not sure about this part - you would need to apply for leave to remain within 28 days of the expiry of your current leave
this would only be relevant if you decided to leave your present company and found a new sponsor (switching)

If my visa expires on 16 April, I believe I would need to get back to India. In that case, can I apply for Tier 2 General within 28 days (before 14 may) from India?
you could if you found a new sponsor who had carried out an RLMT and obtained a restricted CoS for you but this is unlikely to be possible in the available time.

Any response would be appreciated.

Thanks in advance.

[UK_ILR2015]

Hello manci,

Thanks for your previous responses.

I have been offered one Tier 2 general job where the salary limit is just below 35000. I wanted to know if this might cause any issues in ILR application.

I have been through the rules for the minimum salary for Tier 2 general to ILR and it says:

(2) a gross annual salary of at least:
(_a) £35,000 if applying on or after 6 April 2016,
(_b) £35,500 if applying on or after 6 April 2018,
(_c) £35,800 if applying on or after 6 April 2019

As I said earlier, I am eligible for ILR in Aug 2015 and I need to know what is the limit before April 2016.

[manci]

Hello manci,

Thanks for your previous responses.

I have been offered one Tier 2 general job where the salary limit is just below 35000. I wanted to know if this might cause any issues in ILR application.

I have been through the rules for the minimum salary for Tier 2 general to ILR and it says:

(2) a gross annual salary of at least:
(_a) £35,000 if applying on or after 6 April 2016,
(_b) £35,500 if applying on or after 6 April 2018,
(_c) £35,800 if applying on or after 6 April 2019

As I said earlier, I am eligible for ILR in Aug 2015 and I need to know what is the limit before April 2016.

the only limit before 6 April 2016 is that the salary has to be at or above the appropriate rate for the job SOC code

[UK_ILR2015]

Hello Manci,

I am sorry if I am asking the same question again, but I am not too sure about the option to extend the stay beyond the visa expiry date.

If the new employer offering the sponsor goes for RLMT next week (w.s. 30th March), it would take 28 days to completion (minimum by 27th April), my visa would have expired by then (16th April last date).

So my question is, should I return to home country as per the current visa date, wait for the RLMT to be completed and new CoS to be issued and then apply for the Tier 2 General visa from home country?

I am not too comfortable with the thought of overstaying the UK while waiting for the new CoS and Visa.

[manci]

Hello Manci,

I am sorry if I am asking the same question again, but I am not too sure about the option to extend the stay beyond the visa expiry date.

If the new employer offering the sponsor goes for RLMT next week (w.s. 30th March), it would take 28 days to completion (minimum by 27th April), my visa would have expired by then (16th April last date).
This would work but only if a) the RLMT was successful and b) the prospective sponsor had a CoS available to assign to you immediately on completion of the RLMT. You can overstay by max 28 days. It also assumes that you don't have to give any notice in your present job.

So my question is, should I return to home country as per the current visa date, wait for the RLMT to be completed and new CoS to be issued and then apply for the Tier 2 General visa from home country?
if you do this you will have lost continuity and therefore eligibility for ILR in Aug 15. To apply from home country you need a restricted CoS which may take a further month after the RLMT has been completed. To preserve continuity you would have to apply within 28 days of the expiry of your current leave and this doesn't seem possible.

I am not too comfortable with the thought of overstaying the UK while waiting for the new CoS and Visa.