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Tier2 ICT extention or ILR after 5 years

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Puki61
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Posts: 96
Joined: Mon Mar 04, 2013 11:51 pm
Location: UK
United Kingdom

Tier2 ICT extention or ILR after 5 years

Post by Puki61 » Mon Mar 23, 2015 4:46 pm

Hi,

I am in UK since 11.04.2011 on Tier 2 ICT visa under the rules in place before 06.04.2011 and extended 2 more year last April.

I have a question regarding the indefinite leave to remain that I received the following replies from agency;

“INDEFINITE LEAVE TO REMAIN
You have been issued with a Tier 2 (Intra Company Transfer) visa, and as such you do not accumulate time toward Indefinite Leave to Remain (also known as permanent residence or settlement). If you would like to eventually apply for Indefinite Leave to Remain you will need to apply for a different visa that does accumulate time toward the 5 year qualifying period, e.g. the Tier 2 (General). “
"If you obtained your Tier 2 ICT visa under the rules in place before 6th April 2011 then there is no maximum duration of stay under this visa category. Unlimited extensions are currently permitted. You may be eligible for permanent residency (Indefinite Leave to Remain) after 10 years’ continuous lawful stay in the UK."

ORIGINAL VISA GRANT – BETWEEN 6 APRIL 2010 AND 5 APRIL 2011: VISA CONDITIONS UNDER TIER 2 ICT ESTABLISHED STAFF CATEGORY

Original entry clearance:
Visa Category: Tier 2 ICT
Validity: 04/04/2011 to 04/04/2014
First Entry: 11/04/2011

First Extension:
Visa Category: Tier 2 ICT
Validity: 05/04/2014 to 01/05/2016


Under these condition, is the above explanation from agency correct ? If yes means I can't apply the ILR after 5 years.

In that case I think that;

1. I am eligible to extend my visa as long as my sponsor continues to sponsor me and no limit of 5 years applicable
2. I am eligible to ILR once I have complete 10 years in UK in Tier 2 ICT visa as long as my sponsor continues to sponsor me during this period.
3. I do not need to take exam Life in the UK and ESOL English exams next year and will apply only 2 years extension as done last year.


Many thanks for your reply.

Regards,

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Tier2 ICT extention or ILR after 5 years

Post by physicskate » Mon Mar 23, 2015 8:45 pm

Spot on. Looks like you will need to continue to renew your visa until you reach 10 years to be eligible for ILR. OR you could switch to Tier 2 General if you find a new sponsor and wait for 5 years on that visa...

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Puki61
Junior Member
Posts: 96
Joined: Mon Mar 04, 2013 11:51 pm
Location: UK
United Kingdom

Re: Tier2 ICT extention or ILR after 5 years

Post by Puki61 » Tue Apr 28, 2015 11:41 am

Thanks a lot for your reply, an other question related this.

If I change my job role and department within the company will it have any impact for my extension next year? I would like to know because I recently received a offer in different department for a manager role within the company.

Many Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier2 ICT extention or ILR after 5 years

Post by manci » Tue Apr 28, 2015 12:35 pm

Puki61 wrote:Hi,

I am in UK since 11.04.2011 on Tier 2 ICT visa under the rules in place before 06.04.2011 and extended 2 more year last April.

I have a question regarding the indefinite leave to remain that I received the following replies from agency;

“INDEFINITE LEAVE TO REMAIN
You have been issued with a Tier 2 (Intra Company Transfer) visa, and as such you do not accumulate time toward Indefinite Leave to Remain (also known as permanent residence or settlement). If you would like to eventually apply for Indefinite Leave to Remain you will need to apply for a different visa that does accumulate time toward the 5 year qualifying period, e.g. the Tier 2 (General). “
"If you obtained your Tier 2 ICT visa under the rules in place before 6th April 2011 then there is no maximum duration of stay under this visa category. Unlimited extensions are currently permitted. You may be eligible for permanent residency (Indefinite Leave to Remain) after 10 years’ continuous lawful stay in the UK."

ORIGINAL VISA GRANT – BETWEEN 6 APRIL 2010 AND 5 APRIL 2011: VISA CONDITIONS UNDER TIER 2 ICT ESTABLISHED STAFF CATEGORY

Original entry clearance:
Visa Category: Tier 2 ICT
Validity: 04/04/2011 to 04/04/2014
First Entry: 11/04/2011

First Extension:
Visa Category: Tier 2 ICT
Validity: 05/04/2014 to 01/05/2016


Under these condition, is the above explanation from agency correct ? If yes means I can't apply the ILR after 5 years.
the advice you received was correct
In that case I think that;


1. I am eligible to extend my visa as long as my sponsor continues to sponsor me and no limit of 5 years applicable
yes

2. I am eligible to ILR once I have complete 10 years in UK in Tier 2 ICT visa as long as my sponsor continues to sponsor me during this period.
yes, and you can also switch to T2G with a different sponsor without affecting your eligibility for ILR after 10 years

3. I do not need to take exam Life in the UK and ESOL English exams next year and will apply only 2 years extension as done last year.
you don't need LiUK and English for your T2 ICT extension but will need both for ILR. Note that next year you could also apply for a 5 year extension with a 5 year CoS which would take you to the end of the 10 year period

Many thanks for your reply.

Regards,

rsfreitas
Newly Registered
Posts: 6
Joined: Sun Sep 14, 2014 8:16 pm

Re: Tier2 ICT extention or ILR after 5 years

Post by rsfreitas » Wed Jun 17, 2015 9:32 am

I'm in the exact same situation. One of the few on ict before the rules of 2011.
Whrre did you find the information about 10 years? I heard about it from my HR, but never found the official source.

Thx
Rafa

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier2 ICT extention or ILR after 5 years

Post by manci » Thu Jun 18, 2015 9:30 am

rsfreitas wrote:I'm in the exact same situation. One of the few on ict before the rules of 2011.
Whrre did you find the information about 10 years? I heard about it from my HR, but never found the official source.

Thx
Rafa
https://www.gov.uk/government/uploads/s ... ce_v13.pdf

Vandu Murugan
Newly Registered
Posts: 10
Joined: Thu Apr 09, 2015 9:50 pm

Re: Tier2 ICT extention or ILR after 5 years

Post by Vandu Murugan » Thu Jun 18, 2015 10:19 am

Hi Manci

Could you please answer to my previous blog.
Much appreciate if you do that.

Thanks
Vandu

rsfreitas
Newly Registered
Posts: 6
Joined: Sun Sep 14, 2014 8:16 pm

Re: Tier2 ICT extention or ILR after 5 years

Post by rsfreitas » Sat Jun 20, 2015 10:24 am

Thanks Manci!

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