Tier 2 ICT -> ILR eligibility

[india5980]

Dear Sir / Madam,
I heard and read some rule changes for eligibility of Tier 2 ICT Visa holders applying for ILR.
https://www.gov.uk/settle-in-the-uk/y/y ... nsfer-visa

To qualify, you must have had at least one of these visas in the 5 years:

1. Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
2. Work Permit for an intra-company transfer

I have valid Tier2 ICT Visa since Jan 2013. I have completed 5 years in UK on Jan 2018 also I have not spent 180 days outside UK during those 5 years.

Jan 2013 – Jan 2014: 1 year short term ICT-Tier 2 VISA
Jan 2014 – Jan 2016: 3 years long term ICT-Tier 2 VISA
Jan 2016 – Jan 2018: 2 years extension of ICT-Tier 2 VISA

Question

Based on the above information, am I eligible to apply for the ILR? Many thanks.

[CR001]

No, you do not qualify and cannot apply for ILR as your ICT visa was issued AFTER 6th April 2010, when the ILR door was shut for ICT visa holders.

[india5980]

Thanks for your reply.If you visit the link that I posted (https://www.gov.uk/settle-in-the-uk/y/y ... nsfer-visa) and check out the eligibility criteria, it now says


To qualify, you must have had at least one of these visas in the 5 years:

1. Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010

---- OR ----

2. Work Permit for an intra-company transfer

Previously, it was just condition 1. Can you please re-verify? Thanks.

=======================================================================================
Eligibility
You can apply if:

you have a Tier 2 (Intra-Company Transfer) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice

To qualify, you must have had at least one of these visas in the 5 years:
Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer

You can have had any combination of these visas during the 5 years:
Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business

If you’re 18 to 64 years old when you apply, you must also:
pass the Life in the UK Test
meet the English language requirements

[CR001]

You hold a Tier 2 ICT LT visa issued after 6th April 2010 and NOT a Work Permit, which is a visa category that was discontinued many years ago (November 2008) and was replaced by the Points Based System, i.e. Tier 1 General, Tier 2 etc.

http://webarchive.nationalarchives.gov. ... t-holders/

[india5980]

Hello,
Thanks for your reply and clearing the confusion. I have got confused because my BRP says T2 ICT Long Term Leave To Remain (Restricted Work) and I thought it's a work permit.

Last Question

As you know my case now. What is the best way to get ILR? Many thanks.

[CR001]

On ICT there is no route to ILR. If you earn more than £120k pa, you can only stay for 9 years. If you earn less than this, you can only stay for 5 years and 1 month.

You could switch to Tier 2 General if you are offered a job earning more than £159,600pa with a sponsor and they can get a CoS. This cannot be your current sponsor.

Otherwise you are subject to the 12 month cooling off period before you can apply for Tier 2 General.

If you have a dependent, they could try apply for a Tier 4 or Tier 2 General and you switch to dependent visa.

You find another visa you might qualify for, i.e. Tier 4, Tier 1 Entrepreneur etc.

[india5980]

Thanks so much. You guys are brilliant. Cheers.

[vguk]

Hi,

Would like to know what you did for your continue stay @UK, please?
we are also in the similar situation and would like to continue to stay here.