Eligibility for ILR from Tier 2 (Applied 05 Apr 2011)

[hnihalan]

Hi,
I would like to thank the members for the guidance on this forum.

Below is my immigration history. I will finish 5 years of continuous stay in UK on 25-04-2016/08-May-2016. Please let me know if I am eligible for ILR. Or is it advisable to switch to T1 (Entrepreneurship) and apply for ILR in Apr-2018.

Original Tier 2 ICT
TIER 2 (ICT) ESTABLISHED STAFF
Applied on 05/04/2011 (i.e. before 06/04/2011 rules came into effect)
Valid from 25/04/2011 to 28/05/2012
Arrived in the UK on 08-May-2011

Extended Tier 2 ICT
TIER 2 ICT LONG TERM LEAVE TO REMAIN
Applied by 16/05/2012
BRP Issued on 03/07/2012 till 18/05/2013

Switched to Tier 2 General
TIER 2 GENERAL LEAVE TO REMAIN RC0673558
Applied on 23/05/2013
Valid from 05/07/2013 to 14/06/2016

With Warm Regards,
H

[physicskate]

Hi,
I would like to thank the members for the guidance on this forum.

Below is my immigration history. I will finish 5 years of continuous stay in UK on 25-04-2016/08-May-2016. Please let me know if I am eligible for ILR. Or is it advisable to switch to T1 (Entrepreneurship) and apply for ILR in Apr-2018.

Original Tier 2 ICT
TIER 2 (ICT) ESTABLISHED STAFF
Applied on 05/04/2011 (i.e. before 06/04/2011 rules came into effect)
Valid from 25/04/2011 to 28/05/2012
Arrived in the UK on 08-May-2011

Extended Tier 2 ICT
TIER 2 ICT LONG TERM LEAVE TO REMAIN
Applied by 16/05/2012
BRP Issued on 03/07/2012 till 18/05/2013

Switched to Tier 2 General
TIER 2 GENERAL LEAVE TO REMAIN RC0673558
Applied on 23/05/2013
Valid from 05/07/2013 to 14/06/2016

With Warm Regards,
H

Five years from switching to Tier 2 General (looks like July 2018). Time spent on ICT after 6 April 2010 does not lead to ILR.

[hnihalan]

I am afraid I m getting mixed responses. A solictor I spoke to advised that I will be eligible in 2016

Apparantly, The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:
•the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
•the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer.

I am not clear about the second point.

[physicskate]

I am afraid I m getting mixed responses. A solictor I spoke to advised that I will be eligible in 2016

Apparantly, The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:
•the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
•the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer.

I am not clear about the second point.

What you have quoted is correct.
You, however, have not said you had continuous residence under a Tier 2 ICT before April 2010. Also a WORK PERMIT is not the same as Tier 2 ICT but refers to a category of visa made redundant after the introduction of the PBS system.

[hnihalan]

What you have quoted is correct.
You, however, have not said you had continuous residence under a Tier 2 ICT before April 2010. Also a WORK PERMIT is not the same as Tier 2 ICT but refers to a category of visa made redundant after the introduction of the PBS system.

Thanks for the clarification.
My continuous residence only started from May 2011. However, the Tier 2 ESTABLISHED STAFF granted to me was as per the rules before 06 Apr 2011, which allowed me to switch to Tier 2 General. I was hoping that the second point above will also apply to me.

Are you aware of any other cases like me with Tier 2 ICT granted between 06 April 2010 and 06 April 2011, that were refused ILR.

[poper]

see

http://www.immigrationboards.com/indefi ... f#p1220603