ILR Eligibility

[gaurav_sngl]

Hello Moderators,

I found this forum extremely useful. I had couple of posts earlier and got some good advice. I am having a complicated case and have got different responses form different people, Any advice will be really useful and will help me take next steps towards my stay in UK.

I am on Tier 2 ICT visa since 21/11/2009(first entry to UK)
First Visa- 03/11/2009 till 01/12/2011
VISA Renewed : 01/12/2011 till 02/12/2013
ViSA Renewed Again : 02/12/2013 till 05/08/2015

I was out of UK from 19/06/2010 - 14/08/2011 - 180 days continuity broken.

Despite i broke the continuity, but had continous Leave to Remain from Nov 2009. Will i be eligible for ILR?
If i consider below cycle, can i apply for ILR in Feb 2016?

15th february 2016 - 15th february 2015 - Continous 1 year in UK
15th february 2015 - 15th february 2014 - Continous 1 year in UK
15th february 2014 - 15th february 2013 - Continous 1 year in UK
15th february 2013 - 15th february 2012 - Continous 1 year in UK
15th february 2012 - 15th february 2011(Re-entered UK on 14th Aug 2011) - less than 180 days outside UK
15th february 2011 - 15th february 2010(First Entry Nov 2009) - 180 days Continuity broken

[manci]

unfortunately you will not be eligible for ILR on the 5 year route because the 5 year period of continuous leave starting 15 Feb 2011 doesn't include a period of leave before 6 April 2010.

[gaurav_sngl]

Thanks for the quick response Manci.

Just to double check, since i had extended my VISA and didn't broke continuity from 2009. will it not have any impact?

when i was out of of UK in 2011, i still had leave to remain in UK. So all these years i had Leave to remain since Nov 2009.

Kindly confirm. And i am eligible to switch to Tier 2 General Visa?

[manci]

you can check the rules yourself:
para 245GF(d) and 245AAA
https://www.gov.uk/government/uploads/s ... _final.pdf

you are eligible to switch to T2G

[gaurav_sngl]

Thank you for your advice Manci. Is there any other way to go for ILR?

1. Does my Tier -2 ICT VISA stand any chance if i spent say 10 years?

2. if i convert to Tier 2 General, by spending 5 year in Tier 2 General will it make me eligible for ILR? or can i show combined Tier 2 ICT + Tier 2 General 5 years towards ILR?

This is my last question. Thank u

[manci]

Thank you for your advice Manci. Is there any other way to go for ILR?

1. Does my Tier -2 ICT VISA stand any chance if i spent say 10 years?
for long residence no single absence can be longer than 6 months and total absences must not exceed 18 months
https://www.gov.uk/long-residence/eligibility

2. if i convert to Tier 2 General, by spending 5 year in Tier 2 General will it make me eligible for ILR?
yes
or can i show combined Tier 2 ICT + Tier 2 General 5 years towards ILR?
no, the 5 years will start at the commencement of the T2G leave

This is my last question. Thank u

[gaurav_sngl]

Thank you so much Manci

[gaurav_sngl]

Hi All,

just for everyone's benefit in this forum who are in similar situation as mine. I had consultation with My Company's immigration HR, one of the UK Solicitor & UKBA helpline.

Answer from all 3 of them was, if i have valid leave before april 2010, i can apply for ILR once i complete 5 year continuously in UK.

So even if i have a gap of more than 180 days in year, my ILR clock for 5 year will restart if i have a continous valid leave from april 2010.

Another way of checking your eligibility is, your passport should have stamping as 'Tier 2 ICT migrant' and further all extensions should be in form of BRP cards.

Also i have been told, if i switch my visa to Tier 2 General, my time spent in UK under tier 2 ICT will count towards ILR. so if your visa is before april 2010. you can do amalgamation of tier 2 ICT + general towards ILR.

Pls do let me know if anyone has above conditions and it got rejected.

Regards
Gaurav

[joshk]

Hello Gaurav/Mansi

I believe My Case is similar to your

1) I first arrived in UK in September 2008 on Work Permit and stayed till April 2009.
2) Applied Tier 2 ICT from India in August 2010 and it was within 28 days before expiry of WP Visa which was valid at the time of applying new Visa from India.
that is WP visa expiry date was 05-09-2010 but new VIsa was issues on 19-08-2010 as Tier 2 ICT established staff
3) Came in September 2010 and stayed till December 2010
4) Came back in December 2011 (on same Visa as mentioned in point 2) ) and have been staying in UK since then ,without more than 35 days break in any one year period.
Have been extending same Visa as mentioned in point 2)

My questions are
1) Since I applied for Tier 2 ICT within 28 days of expiry of Work Permit Visa , would that be considered continuation of original Work Permit Visa.
2) Would I be eligible for ILR once I complete 5 years in December 2016.

The difference that I see from what you said in case of mine is that the stamping of visa in point 2) has Tier 2 ICT established staff and not Tier 2 ICT migrant.

thanks,
Josh

[joshk]

Hello People

Can you provide your valuable inputs please?