Tier 2 ICT - Leave granted Feb2010 - Eligible for ILR ?

[bowcreek]

Hi Folks - I got Tier 2 ICT Visa in Feb 2010 from India.

Tier 2 Visa given in India - Feb 2010 (Validity 2 years)
Arrived in the UK - Oct 2010
Got 3 year extension last year under same category, with same employer till Feb 2015

My question is that would I be eligible for ILR in Feb 2015, with the fact that I was granted leave to remain (got the Visa) in Feb 2010 but I came to the UK first time in Oct 2010 ?

Looking forward to your responses and help.

Many thanks in advance..

Cheers

[chennai2013]

AFAIK, you've to refer to the rules which are in place while visa is granted (not when you came to UK)..

So please check the rules which are in place when your visa is granted.

[manci]

you will only be eligible for ILR in October 2015, so you will have to apply for a further extension before your current leave expires in February 2015.

Immigration Rule 245GF.

[bowcreek]

you will only be eligible for ILR in October 2015, so you will have to apply for a further extension before your current leave expires in February 2015.

Immigration Rule 245GF.

Thanks Manci

I should rephrase my question - As I was given leave to remain or Visa in Feb 2010 and I came over in the UK in Oct 2010, with the current rules in place for Tier 2 ICT Visa holders, am I eligible to apply for ILR ? (obviously once I complete 5 years of stay in the UK in Oct 2015 without a continuous absence of more than 180 days..)

Cheers.

[manci]

your question has alrerady been answered - see above

[bowcreek]

Ah okay ! So the "eligibily" in your response did take into account, the recent restriction on settlement route for Tier 2 ICT Visa Holders ?

For what max duration can I apply this extension in or before Feb 2015 .. please.

[manci]

Ah okay ! So the "eligibily" in your response did take into account, the recent restriction on settlement route for Tier 2 ICT Visa Holders ?
the restriction you refer to was introduced more than 3 years ago, in April 2010.

For what max duration can I apply this extension in or before Feb 2015 .. please. 2 years or the work end date in the CoS if that is sooner.

[bowcreek]

Ah okay ! So the "eligibily" in your response did take into account, the recent restriction on settlement route for Tier 2 ICT Visa Holders ?
the restriction you refer to was introduced more than 3 years ago, in April 2010.

For what max duration can I apply this extension in or before Feb 2015 .. please. 2 years or the work end date in the CoS if that is sooner.

Thank you again for your prompt response !

Would there be any change in my eligibility for applying for ILR in Oct 2015, if I change my employer and start working on Tier 2 General Visa for them?

Sorry for series of questions but I am just trying to check if its worth finding another employer as I have doubts about contunuity of my project with my current employer.

[manci]

Ah okay ! So the "eligibily" in your response did take into account, the recent restriction on settlement route for Tier 2 ICT Visa Holders ?
the restriction you refer to was introduced more than 3 years ago, in April 2010.

For what max duration can I apply this extension in or before Feb 2015 .. please. 2 years or the work end date in the CoS if that is sooner.

Thank you again for your prompt response !

Would there be any change in my eligibility for applying for ILR in Oct 2015, if I change my employer and start working on Tier 2 General Visa for them? no, switching to T2G will not affect your eligibility for ILR in Oct 2015.

Sorry for series of questions but I am just trying to check if its worth finding another employer as I have doubts about contunuity of my project with my current employer.

[bowcreek]

Hello everyone - thank you for all your responses previously on this.

Since now I am very close to October 2015, I thought to get the situation verified here to see if I am still eligible for ILR after 18th Sept 2015 (I arrived in the UK on 16th Oct 2010 and read it somewhere that one can apply ILR 28 days before completing 5 years).

In summary, Tier 2 ICT Visa granted in Feb 2010, Entered UK Oct 2010.

One thing which is not mentioned in my posts above is that on 26th Dec 2012 I was relocated by my Indian company to India after my assignment in the UK ended. But on 2nd Feb 2013 I came back to the UK to work for the same client.

So for 37 days I was in India and hence was paid the salary there in Jan 2013.

Is that going to be a challenge at all please? Am I still good to go for ILR in Sept ?

Many thanks

[bowcreek]

Hi Guys - Please can you help?

[manci]

Hello everyone - thank you for all your responses previously on this.

Since now I am very close to October 2015, I thought to get the situation verified here to see if I am still eligible for ILR after 18th Sept 2015 (I arrived in the UK on 16th Oct 2010 and read it somewhere that one can apply ILR 28 days before completing 5 years).

In summary, Tier 2 ICT Visa granted in Feb 2010, Entered UK Oct 2010.

One thing which is not mentioned in my posts above is that on 26th Dec 2012 I was relocated by my Indian company to India after my assignment in the UK ended. But on 2nd Feb 2013 I came back to the UK to work for the same client.

So for 37 days I was in India and hence was paid the salary there in Jan 2013.

Is that going to be a challenge at all please? Am I still good to go for ILR in Sept ?

Many thanks

this shouldn't be a problem as long as your sponsorship wasn't cancelled in Dec 2012 and in Feb 2012 you returned on the visa that was issued in 2010

[bowcreek]

this shouldn't be a problem as long as your sponsorship wasn't cancelled in Dec 2012 and in Feb 2012 you returned on the visa that was issued in 2010

Manci - First visa issued in Feb 2010, extension for further 3 years received in Feb 2012. Deputed to India in Dec 2012, came back to the UK Feb 2013 on same WP / Visa. Looks like I should be sorted.

Question - Would my wife need to apply for ILR as well with me? She came to UK in May 2012 as dependent and she has the same residential history as mine since.

[manci]

First visa issued in Feb 2010, extension for further 3 years received in Feb 2012. Deputed to India in Dec 2012, came back to the UK Feb 2013 on same WP / Visa. Looks like I should be sorted.

Question - Would my wife need to apply for ILR as well with me? She came to UK in May 2012 as dependent and she has the same residential history as mine since.

she doesn't need to but can apply with you for ILR

[bowcreek]

Hello everyone - thank you for all your responses previously on this.

Since now I am very close to October 2015, I thought to get the situation verified here to see if I am still eligible for ILR after 18th Sept 2015 (I arrived in the UK on 16th Oct 2010 and read it somewhere that one can apply ILR 28 days before completing 5 years).

In summary, Tier 2 ICT Visa granted in Feb 2010, Entered UK Oct 2010.

One thing which is not mentioned in my posts above is that on 26th Dec 2012 I was relocated by my Indian company to India after my assignment in the UK ended. But on 2nd Feb 2013 I came back to the UK to work for the same client.

So for 37 days I was in India and hence was paid the salary there in Jan 2013.

Is that going to be a challenge at all please? Am I still good to go for ILR in Sept ?

Many thanks

this shouldn't be a problem as long as your sponsorship wasn't cancelled in Dec 2012 and in Feb 2012 you returned on the visa that was issued in 2010

Manci - Another piece of info which I just recalled that I should have mentioned about (In bold below)

9th Nov - 18th December - Planned holiday to India (wife and I both)
19th Dec - I travelled alone to UK from India (Travelled later than 8th Dec due to some issues)
26th Dec 2012 - 1st Feb 2013 - Deputed to India by same employer (As mentioned earlier in posts)
2nd Feb 2013 - Till date - In the UK apart from small holidays within UK and EU

Given this info - Can the case worker ask questions around this absence? Also if they do, what is the best way to justify this please?

thanks

[geriatrix]

Get a letter from employer to certify each period of your absences from UK during the 5 years as either official or annual leaves or paid leaves.
Your dependants' absences from UK have no bearing on your (or their own) application for settlement.

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

[bowcreek]

Get a letter from employer to certify each period of your absences from UK during the 5 years as either official or annual leaves or paid leaves.
Your dependants' absences from UK have no bearing on your (or their own) application for settlement.

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

Thanks. 5 years is a substantial amount of time and there will be too much detail if each and every leave is mentioned about. I am assuming case worker would be interested / can only verify leaves where I was absent from UK (via stamps on passport).

So I am thinking to get only those leaves mentioned about on that letter from employer? Does that sound acceptable please?

Cheers

[bowcreek]

Get a letter from employer to certify each period of your absences from UK during the 5 years as either official or annual leaves or paid leaves.
Your dependants' absences from UK have no bearing on your (or their own) application for settlement.

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

Thanks. 5 years is a substantial amount of time and there will be too much detail if each and every leave is mentioned about. I am assuming case worker would be interested / can only verify leaves where I was absent from UK (via stamps on passport).

So I am thinking to get only those leaves mentioned about on that letter from employer? Does that sound acceptable please?

Cheers

Sorry I didn't closely read your post and it clearly said I just need to get UK absences certified from employer.

Next question is - What would be the best wording to describe my absence for 37 days when I was deputed to India by my employer after my client project finished in end of Dec 2012? I came back on same Visa on 2nd Feb 2013.

Do I need to be worried at all about this period please?

[bowcreek]

Can somebody help please?

[bowcreek]

Hi all - I have read similar posts discussing 90 days and 28 day rule for ILR, however I couldn't find one where applicant entered in the UK more than 90 days after leave was granted, hence the new post.

Leave Granted as Tier 2 ICT - Jan 2010
Entered UK - OCT 2010 (9 months after leave was granted )
Current leave under Tier 2 ICT (with same employer) valid till Feb 2017

Question - I understand that 90 days period doesn't apply for me so I need to count my ILR application date backwards from 17th Oct 2015 but my question is can I apply 28 days before qualifying period is completed, given I entered in the UK 90 after leave was granted?

I mean, Is 90 day rule completely independent of 28 days rule or they work in conjunction and hence people entering 90 days after leave is granted, can't use the 28 days grace period?

Thanks.

[CR001]

90 day rule completely independent of 28 days rule

Two separate rules. The 28 day rule applies to those who qualify for ILR based on 5 years residence.

[ashehzi]

if you came to UK e.g. on 17-Oct-2010, you can count when you can apply as:

17-Oct-2010 + 5 Years - 28 Days = 19 Sep 2015.

So you should be safe to apply after 19 Sep 2015.

Regards

[geriatrix]

Looks like you did not read the FAQs properly.
Q3 and Q4.

[bowcreek]

Looks like you did not read the FAQs properly.
Q3 and Q4.

Thanks for pointing me to the correct place. Appreciate your and others help.

I should be good to apply 19th Sept onwards it means.

[bowcreek]

Hi all - what does the first line in the transitional English language courses doc (link below) mean please?

https://www.gov.uk/government/uploads/s ... _tests.pdf

The following is the list of Secure English Language Tests that have been assessed as meeting the Home Office’s requirements from 1 August 2014. These tests can be used in a UK immigration application until 5th November 2015 only when they have been taken on or before 5th April 2015.

Question - I passed Pearson PTE (on page 16 of above doc) in Nov 2011 as a pre-requisite for my T2 ICT extension. What is the significance of 1 August 2014 here? Can I use the same test as evidence of meeting english language requirement or not (because it was obtained in 2011) ?