Tier 2 ICT - ILR Possible?

[osamaqazi84]

Hi

I am working under Tier 2 ICT (Long term Staff) sponsored by Ernst & Young since January 2011. Initially my Visa was also issued on 7th Jan 2011. Now I am planning to switch my job to another Company Deloitte. They will issue me Tier 2 ( General) Visa.

I need to confirm if I am issued Tier 2 General will my 3.5 years of work under Tier 2 ( ICT) can be amalgamate with years of Tier 2 General towards ILR ? Which will be 3.5 ICT years and 1.5 General years, totalling to 5 years.

As per my understanding any ICT visa issued after April 2010 and before April 2011 are eligible to sum-up there years under both category towards ILR.

May you please confirm this so I can ask my firm to contact you for the process.


Regards,
Osama Qazi

[rohit4u1]

Hi,

Request you to please confirm if below details are fine for applying ILR.

Visa Details:

1st Visa (Tier2 ICT Migrant) :- 20/01/2009 - 06/02/2011
2nd Visa(Tier2 ICT Established staff) :- 17/03/2011 - 02/04/2013
(The Visa was applied from outside UK on 04/03/2011 so I think its falling under the 28 days permissible duration)

3rd Visa(Residence Permit :- Valid till 06/04/2015.

Absence :- 01/05/2010 - 24/03/2011 (Was working in same company but from different country).This duration is is less than the permissible 180 days as its getting split into 2 years if i apply in Oct.

1)Do the employer needs to provide reason of the absences in letter?
2)I have all the COS forms with me which clearly mentions my Role and Salary.Does SOC code required in this case.

Request your help with these concerns.

Thanks.

[manci]

Hi Manci,

So as per latest Rules, Irrespective of date of Entry or Date of Initial Visa/COS Application, Stay under Tier 2 ICT & Stay under Tier 2 General can't be Clubbed for ILR under 5 Year Route.

Thanks & Regards,
Senthil.

HI Manci,

Thanks For your reply.

I approached a solicitor, they are saying as follows:

Where a person applied for leave to enter or remain before 6 April 2010 under Tier 2 ICT, his stay under Tier 2 ICT can be combined with Tier 2 General for a person to apply for ILR as Tier 2 General Migrant.

In my case Leave to Enter was applied before 6 April 2010 & Granted.
But my Date of Entry is On July 18th 2010. Is my Date entry the problem?

no

It will be very much helpful, if you clarify at the earliest.

Can you suggest any Solicitors Experienced in Tier 22 ICT + General leading to ILR?

Thanks,
Senthil.

]

245HF(c) + 245HF(c)(x)(1) makes you eligible for ILR

[manci]

[quote="osamaqazi84"]Hi

I am working under Tier 2 ICT (Long term Staff) sponsored by Ernst & Young since January 2011. Initially my Visa was also issued on 7th Jan 2011. Now I am planning to switch my job to another Company Deloitte. They will issue me Tier 2 ( General) Visa.

I need to confirm if I am issued Tier 2 General will my 3.5 years of work under Tier 2 ( ICT) can be amalgamate with years of Tier 2 General towards ILR ? Which will be 3.5 ICT years and 1.5 General years, totalling to 5 years.

As per my understanding any ICT visa issued after April 2010 and before April 2011 are eligible to sum-up there years under both category towards ILR.

May you please confirm this so I can ask my firm to contact you for the process.


Regards,
Osama Qazi
because your initial visa was granted before 6 April 2011 you are eligible to switch to T2G but unfortunately you are not eligible for ILR because you didn't have leave under the rules before 6 April 2010.

Also, if you switch you will only be granted leave to Jan 2017 (6 year cap) but if you stay on T2 ICT there is no limit on your stay in the UK provided you have a CoS for each extension from E&Y.[/quote]

[manci]

Hi,

Request you to please confirm if below details are fine for applying ILR.

Visa Details:

1st Visa (Tier2 ICT Migrant) :- 20/01/2009 - 06/02/2011
2nd Visa(Tier2 ICT Established staff) :- 17/03/2011 - 02/04/2013
(The Visa was applied from outside UK on 04/03/2011 so I think its falling under the 28 days permissible duration)
yes, the reference is on p27:
https://www.gov.uk/government/uploads/s ... eriods.pdf
3rd Visa(Residence Permit :- Valid till 06/04/2015.

Absence :- 01/05/2010 - 24/03/2011 (Was working in same company but from different country).This duration is is less than the permissible 180 days as its getting split into 2 years if i apply in Oct.
choose the application date so that none of the five 1 year periods calculated backwards from the date of application has more than 180 days absence

1)Do the employer needs to provide reason of the absences in letter?
yes, see immigration rule 245GF-SD(B)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

2)I have all the COS forms with me which clearly mentions my Role and Salary. Does SOC code required in this case.
yes, see immigration rule 245GF(e)(ii)(2)

Request your help with these concerns.

Thanks.

[ay]

@Manchi,

It will be very helpfull, if you can clarify the bellow.
Thanks in advance for the reply.

Regards,
Senthil.

Hi Manci,

Appreciate your prompt response & thanks for providing link to the Clause.
When I'll be applying for ILR, I might have spent 5 continuous years, Combination of (x)(1) plus (ix) being the most recent.

(x)(1) : Tier 2 ICT 4 Years, 2 Months
Since my initial visa was applied under rules in place before April 2010. [Visa valid from 26th March 2010], My Date of Entry is 18th July 2010, If this is an issue, can this be considered as absence less than 180 days.
Plus
(ix) : Tier 2 General Migrant 10 Months
In Country Switch from Tier 2 ICT to Tier 2 General Migrant

Does above reasoning satisfies 245HF(c) & am I eligible to apply for ILR in July 2015.

Thanks & regards,
Senthil.

@senthilt
read the actual rule: 245HF(c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

Hi Sentil,

I may be in the same boat, I agree to your reasoning about ICT being granted with rules placed before April 2010 and the ICT stay should be included for ILR as continuous 5 years stay.

Just wanted to check if you have confirmed it with any solicitors about the same ?
Manci, your expert opinion would be helpful.

Regards

[kimuinteractive]

Hi Manci and members

Basic information on my case
Date of Application for Tier 2 ICT initial visa : 30 March 2010
Date on Visa 1 : 14 April 2010 to 14 April 2013
Date of First entry to UK : 09 May 2010
Date on Visa 2 (BRP) (extension application): 16 April 2013 to 29 April 2016

I have been working in UK for the past 5 years (nearer). I am planning to apply for settlement on or after 16 March 2015.
I have not violated any rules and have not been out of country for more than 180 days in any consecutive year.

As per the above threads, I am eligible for Settlement. I have 3 questions regarding my application

1. When is the earliest date that I can apply for Settlement? My understanding is that it can be from 16 March 2015 (28 days before 14 April 2010).
Is my understanding correct?

2. If my understanding above is correct and assume, that I apply for ILR on 16 March 2015,
What will be the reason for absence that I need to put in the employment document between 16 March 2010 and 8 May 2010 ( 54 days)

3. English Language requirement

When I had extended my application on 16 April 2013, I had to prove English language requirement.
I had proved it using my Bachelors certficate (BE (Hons.))from BITS pilani(India) and
the immigration officer in his letter (signed under Secretary of State on 14 April 2013) had written to me, that I have satisfied the English requirement
and he is granting 10 points for this. I have the original of this letter written to me while approving my extension.

Now when I go to the PBS Calculator I cannot find BITS pilani (India) in their list of colleges/courses to claim 10 points.
Obviously I selected 'Yes' even though the calculator says select 'No'.

Can I claim my English language requirement for ILR based on the fact that I have already proved the English language requirement ?
or
Should I take a new ESOL test ?

Could you please advice me on my above questions.
Thanks in advance !!!

[manci]

Hi Manci and members

Basic information on my case
Date of Application for Tier 2 ICT initial visa : 30 March 2010
Date on Visa 1 : 14 April 2010 to 14 April 2013
Date of First entry to UK : 09 May 2010
Date on Visa 2 (BRP) (extension application): 16 April 2013 to 29 April 2016

I have been working in UK for the past 5 years (nearer). I am planning to apply for settlement on or after 16 March 2015.
I have not violated any rules and have not been out of country for more than 180 days in any consecutive year.

As per the above threads, I am eligible for Settlement. I have 3 questions regarding my application

1. When is the earliest date that I can apply for Settlement? My understanding is that it can be from 16 March 2015 (28 days before 14 April 2010).
Is my understanding correct?
yes
2. If my understanding above is correct and assume, that I apply for ILR on 16 March 2015,
What will be the reason for absence that I need to put in the employment document between 16 March 2010 and 8 May 2010 ( 54 days)
your employer has to provide a letter detailing the purpose and period of your absences (including annual leave). The absence in any 12 month period counted backwards from the date of your application must not exceed 180 days
3. English Language requirement

When I had extended my application on 16 April 2013, I had to prove English language requirement.
I had proved it using my Bachelors certficate (BE (Hons.))from BITS pilani(India) and
the immigration officer in his letter (signed under Secretary of State on 14 April 2013) had written to me, that I have satisfied the English requirement
and he is granting 10 points for this. I have the original of this letter written to me while approving my extension.

Now when I go to the PBS Calculator I cannot find BITS pilani (India) in their list of colleges/courses to claim 10 points.
Obviously I selected 'Yes' even though the calculator says select 'No'.

Can I claim my English language requirement for ILR based on the fact that I have already proved the English language requirement ?
or
Should I take a new ESOL test ?
you must meet the requirements in Appendix Koll:
https://www.gov.uk/government/uploads/s ... _final.pdf
Could you please advice me on my above questions.
Thanks in advance !!!

[micromind]

Hello Manci/ Moderators,

I found this board very informative, but still wasn't sure if my scenario was covered in any of the previous query. Apologies, if this is a repition, but can you kindly guide me? Below is my history of Tier 2 Visas and travel history, would like to know if I qualify for ILR?

First Visa (Tier 2 ICT) – valid from 6th Jan 2010 to 14th Jan 2011
Arrival in the UK – 17th Jan 2010
Left the UK – 16th Jan 2011

Application for Work Permit/ CoS approved on 21st Feb 2011 and application for Entry clearance was filed on 1st Mar 2011
Second Visa granted (Tier 2 Established Staff) from 16th March 2011 to 28th March 2012
Arrival in the UK – 26th March 2011
During this gap of 70 days when I was not in the UK, I was working in India with the same employer

Since coming to the UK in March 2011, I have renewed my visa twice and have been continuously in the UK till date (except during annual leave 3 times but never more than 20 days at a stretch). My latest visa category is Tier 2 ICT Long term, valid until March 2016.

Regards & thanks in advance

[manci]

from the dates you gave it seems that there was a break of continuity in 2011. See p27:
https://www.gov.uk/government/uploads/s ... eriods.pdf

[micromind]

from the dates you gave it seems that there was a break of continuity in 2011. See p27:
https://www.gov.uk/government/uploads/s ... eriods.pdf

Hello Manci
Thank you for your prompt response (as always), the given reference is very useful. Just so I'm clear, is the issue about length of unborken leave or the effective date of visa rules for me? In other words, do I qualify for ILR after an unbroken leave of 5 years which will be complete by 23rd Mar 2016 or am I ineligible altogther?

Regards & thanks!

[manci]

Your leave expired on 14 Jan 11. You left the UK without valid leave on 16 Jan 11 and re-entered with new entry clearance on 26 March 2011.

You therefore don't comply with the rule (from p27):
applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or

Unfortunately because of this break in continuity you are not eligible for ILR on the 5 year route.

[micromind]

Your leave expired on 14 Jan 11. You left the UK without valid leave on 16 Jan 11 and re-entered with new entry clearance on 26 March 2011.

You therefore don't comply with the rule (from p27):
applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or

Unfortunately because of this break in continuity you are not eligible for ILR on the 5 year route.

Thanks a lot for the clarification, Manci...
Regards

[susan0x]

@kimuinteractive, Please update your status. I am also in the same boat. my visa start date is 20 April 2010.

Hi Manci and members

Basic information on my case
Date of Application for Tier 2 ICT initial visa : 30 March 2010
Date on Visa 1 : 14 April 2010 to 14 April 2013
Date of First entry to UK : 09 May 2010
Date on Visa 2 (BRP) (extension application): 16 April 2013 to 29 April 2016

I have been working in UK for the past 5 years (nearer). I am planning to apply for settlement on or after 16 March 2015.
I have not violated any rules and have not been out of country for more than 180 days in any consecutive year.

As per the above threads, I am eligible for Settlement. I have 3 questions regarding my application

1. When is the earliest date that I can apply for Settlement? My understanding is that it can be from 16 March 2015 (28 days before 14 April 2010).
Is my understanding correct?
yes
2. If my understanding above is correct and assume, that I apply for ILR on 16 March 2015,
What will be the reason for absence that I need to put in the employment document between 16 March 2010 and 8 May 2010 ( 54 days)
your employer has to provide a letter detailing the purpose and period of your absences (including annual leave). The absence in any 12 month period counted backwards from the date of your application must not exceed 180 days
3. English Language requirement

When I had extended my application on 16 April 2013, I had to prove English language requirement.
I had proved it using my Bachelors certficate (BE (Hons.))from BITS pilani(India) and
the immigration officer in his letter (signed under Secretary of State on 14 April 2013) had written to me, that I have satisfied the English requirement
and he is granting 10 points for this. I have the original of this letter written to me while approving my extension.

Now when I go to the PBS Calculator I cannot find BITS pilani (India) in their list of colleges/courses to claim 10 points.
Obviously I selected 'Yes' even though the calculator says select 'No'.

Can I claim my English language requirement for ILR based on the fact that I have already proved the English language requirement ?
or
Should I take a new ESOL test ?
you must meet the requirements in Appendix Koll:
https://www.gov.uk/government/uploads/s ... _final.pdf
Could you please advice me on my above questions.
Thanks in advance !!!

[Alhadi_zh78]

hello susan0x ,curiouscrab , kimuinteractive
Please update your status. I am also in the same boat. my visa start date is 09 May 2010 and i have 2010 entry clearance stamp is "VISA TIER 2 (INT COM TRAN) MIGRANT" followed by the CoS number .

[manci]

@Alhadi_zh78
you are only eligible for ILR if your initial T2 ICT visa application was before 6 April 2010. The date of application is the date you paid the visa fee.

[kimuinteractive]

Hi All
Today I completed ILR application successfully (along with my partner) at the Croydon office. The whole process took around 3 hours and the home office officials were very professional.

I will be getting my BRP within a week. Thanks to Manci and other members of this group who had provided me valuable suggestion in the whole process.

Some of the pointers for other appplicants
1. Point based calculator can be used to prove English language. I was of the opinion that since there is no Settlement option in the PBC drop down, I thought I had to take a new test. But that is not needed. You just need to prove that the University is mentioned in the list and you get 10 points for the degree.

2. Its a single application form for both myself and my dependent. Initially I was of the opinion that I should submit 2 forms.

3. Please provide a covering letter with proper list of documents and immigration rules that you submit and qualify accordingly. They do read this documentation.

4. I kept a SAR (Subject Access Request) documentation from UKBA for the date of application proof for rules under 2010 proof. Though this is not needed if you know the date of initial application, its better you get this information if you are in a dilemma.

[ravisb_2014]

@kimuinteractive, thanks for providing all the info. It will be helpful for everyone.

[susan0x]

Hi All,

I have got my ILR approved yesterday. Thanks All specially Manci and other Gurus.

Thanks,
Susan

[sstier2]

Hi Susan / Manci,
Congrats on your ILR approval. earlier you were indicating that COS is start of application for T2. Below is my case,could you please let me know if i can be eligible for ILR
COS Assigned Date / COS Letter received - 28 Mar 2010 (Before Apr 6 2010 rule)
Date of Application with DD - Apr 14 2010 - This was due to long easter holiday for embassy and DD changes
Visa Start - May 05 2010 , then continuing in UK with extensions without break till now
Visa Stamp - TIER2(ICT)ESTABLISHED STAFF followed by the CoS number
Let me know if my case holds good for ILR

[manci]

Hi Susan / Manci,
Congrats on your ILR approval. earlier you were indicating that COS is start of application for T2. Below is my case,could you please let me know if i can be eligible for ILR
COS Assigned Date / COS Letter received - 28 Mar 2010 (Before Apr 6 2010 rule)
Date of Application with DD - Apr 14 2010 - This was due to long easter holiday for embassy and DD changes
Visa Start - May 05 2010 , then continuing in UK with extensions without break till now
Visa Stamp - TIER2(ICT)ESTABLISHED STAFF followed by the CoS number
Let me know if my case holds good for ILR

unfortunately not on the 5 year route because you first applied after 5 April 2010

[manci]

Hi Susan / Manci,
Congrats on your ILR approval. earlier you were indicating that COS is start of application for T2. Below is my case,could you please let me know if i can be eligible for ILR
COS Assigned Date / COS Letter received - 28 Mar 2010 (Before Apr 6 2010 rule)
Date of Application with DD - Apr 14 2010 - This was due to long easter holiday for embassy and DD changes
Visa Start - May 05 2010 , then continuing in UK with extensions without break till now
Visa Stamp - TIER2(ICT)ESTABLISHED STAFF followed by the CoS number
Let me know if my case holds good for ILR

unfortunately you are not eligible for ILR because you applied for your first T2 ICT visa after 5 April 2010.

[analyst]

Dear manci,

My situation is the following:

Work Permit (ICT) granted 26/11/2008 till 26/11/2009

On 12/11/2009 my company applied for a Sponsorship licence in order to support my application for extension.

The company was granted a sponsorship licence on 23/03/2010. Due to technical issue (absence of password to the SMS) my company was only able to issue COS on 4th of May 2010.

CoS dates: 04/05/2010
VISA Stamping Date: 20/05/2010 - Granted for 3 years till 16/06/2013
VISA Renewed : 03/06/2013 till 14/01/2016

1) I have been working for the same Company in London during the whole period since my initial Work Permit
2) While I was abroad waiting for my COS number I continued to work remotely, was paid salary, paid UK taxes.
3) prior submission for extension of my Tier 2 (ICT) visa I contacted UKBA to understand the sub-category I was on at the time since no Sub-category was shown neither in My visa nor in COS. The UKBA stated there were no categories according to the rules in place before 6th of April 2010. Therefore made me believe that my visa was issued under the previous regime.
4) Last spring we had an audit visit by UKBA team to our premises in order to extend our Sponsorship licence. They requested documents confirming my initial transfer. We provided them with a copy of my initial work permit. It was sufficient for them and the Sponsorship licence has been extended.

Clearly I couldn't speed up the UKBA process and believe that I am entitled to ILR. What is the best way to put my application?

I would appreciate your opinion!

[manci]

Dear manci,

My situation is the following:

Work Permit (ICT) granted 26/11/2008 till 26/11/2009

On 12/11/2009 my company applied for a Sponsorship licence in order to support my application for extension.

The company was granted a sponsorship licence on 23/03/2010. Due to technical issue (absence of password to the SMS) my company was only able to issue COS on 4th of May 2010.

CoS dates: 04/05/2010
VISA Stamping Date: 20/05/2010 - Granted for 3 years till 16/06/2013
VISA Renewed : 03/06/2013 till 14/01/2016

1) I have been working for the same Company in London during the whole period since my initial Work Permit
2) While I was abroad waiting for my COS number I continued to work remotely, was paid salary, paid UK taxes.
3) prior submission for extension of my Tier 2 (ICT) visa I contacted UKBA to understand the sub-category I was on at the time since no Sub-category was shown neither in My visa nor in COS. The UKBA stated there were no categories according to the rules in place before 6th of April 2010. Therefore made me believe that my visa was issued under the previous regime.
4) Last spring we had an audit visit by UKBA team to our premises in order to extend our Sponsorship licence. They requested documents confirming my initial transfer. We provided them with a copy of my initial work permit. It was sufficient for them and the Sponsorship licence has been extended.

Clearly I couldn't speed up the UKBA process and believe that I am entitled to ILR. What is the best way to put my application?
if you left the UK before your WP expired in Nov 2009 and applied for T2 ICT entry clearance sometime after the 4 May 2010 CoS assignment date then your first T2 ICT visa was as Established Staff under the rules after 5 April 2010. If this is correct then unfortunately you will not be eligible for ILR even though your T2 ICT visa can be renewed indefinitely (with a new CoS for each extension).

The May 2010 visa stamp in your passport is not evidence of the rules under which the visa was granted (they simply may not have had the right stamp available since it was shortly after the rule change in April ) but you can always check this by making a SAR request

I would appreciate your opinion!

[analyst]

Dear manci,

Thank you for your prompt reply. I understand your point but still I see that there is a case. In case they do not take the fact of my initial ICT transfer, which actually happen in 2009, into account then how they could issue me an ICT visa since there were no proof of transfer in 2010? I am so curious.

Kind regards, Analyst