Tier 2 ICT and ILR

[srnaik]

Hi,

I have a question regarding the rules for ILR eligibility after 5 years.

The rule for exclusion of Tier 2 ICT work permit holders (resident ater the rules of 6th April 2010) from the 5 year continuous residence was compiled in 2012 April. By then there were already many resident workers on the Tier 2 ICT work visa issued post 6th April 2010 working / residing in the UK (upto a range of 2 years from - 2010 April 7th onwards).

Why was this exclusion rule compiled retrospectively, not considering this minority of residents who were impacted by the rule post their entry into the UK?
If the rule to exclude was formulated in 2012, it should only impact those who came (knowingly) after the rules changed, i.e. entry effective April 6th 2012 and after.

Please correct me if my knowledge is wrong and the rules were in place from 2010.

Thanks in advance.

[srnaik]

Dear moderators,
I have not received and responses on my query yet, could you please confirm if my understanding is correct?
Thanks

[physicskate]

Your understanding is correct.

Why did they do it? Anybody's guess; perhaps because they CAN!?

It is 'their' country and they can change the rules as they like. We, as immigrants have few rights. Duh.

[srnaik]

Thanks physicskate for your response. If indeed this is the case,I would like to request the support and guidance from the moderators and experts to help take this grievance to the concerned authorities for consideration and further action towards a favourable change.

[jb51214]

Hi any updates on this. Did anybody went to court for this?

I believe all ICT between 2010-11 shall seek some remedy to get the ILR eligibilty on 5 years route.

Please share if anyone knows any resolve.

[SK2015]

Any update on this?

[jb51214]

Why not take the matter be raised with ukba and courts? I for example relicated based on understanding that I may get ILR in 5 years time. By the time I heard that retrospective change it was already over 3 years in UK. With kids already having bonds to UK, it was absolutely harsh to hear the new rules

I believe we shall raise a petition or talk to a experts for seeking eligibilty of ILR 5 years route for those who had the visa stamped before April 2012.

[udyavali]

Hi All,

I am also thinking for the same. Can we make one group and file a petition against? We need to fight for this as whole team.

[ravi_ei]

Hi All,

Please note that the rule of removing ILR for Tier 2 ICT route was introduced in 2010 March. Please have a look at the link below:

http://www.workpermit.com/news/2010-03- ... -april.htm

Search the page with "ICT" and you will find it. This page was published on 21st March 2010.

So any court case or appeal will be simply rejected. And since they are very reluctant towards immigration it might also result into negative effects. So take any action with care.

Thanks

[secret.simon]

Ravi-EI is correct. The rules were published on 18th March 2010, under the last Labour government.

Links to the archived UKBA website and document of statement of changes in 2010;

http://webarchive.nationalarchives.gov. ... -t2-and-ir

See point 57, page 12 of the document below;

http://webarchive.nationalarchives.gov. ... -of-policy

While the team spirit reflected on the thread, in backing each other in taking the UKBA to court, is positive, I'm surprised that nobody did a basic Google search to verify whether the premise (that the rules were only introduced in 2012) was true or not. Kudos to Ravi-EI for bucking the trend and coming up with some constructive adverse research.

[ravi_ei]

I am not trying to discourage anyone. I am just putting the facts ahead before someone takes any action (without doing background research), which could result in something opposite than intended.

Thanks