10 Year LR - Query

[Sarav karthick]

Hi,

I would like to know whether am eligible for ILR based on my visa details below,

I have my first visa stamped May-2010 and came to UK on Aug-2010 in Tier-2 ICT Established Staff and since then i have extended my visa five times as specified below,

Oct-2011 - Tier 2 ICT Short Term Leave to Remain
June-2012 - Tier 2 ICT Long Term Leave to Remain
May-2014 - Tier 2 ICT Long Term Leave to Remain
June-2016 - Tier 2 ICT Long Term Leave to remain
June-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021

Please note there are no gaps of 180 days or more in any of these years. Also no gap of 540 days in total towards this 10 year ILR route.

Maximum gap i have taken is 103 days, in the year between Mid Jan'17 to Mid Apr'17 for my travel to India due to emergency and i have returned back to UK in the same visa / BRP.

Please can i receive confirmation that am eligible for ILR this year under 10 years route?

[seagul]

i have extended my visa five times as specified below,

Oct-2011 - Tier 2 ICT Short Term Leave to Remain
June-2012 - Tier 2 ICT Long Term Leave to Remain
May-2014 - Tier 2 ICT Long Term Leave to Remain
June-2016 - Tier 2 ICT Long Term Leave to remain
June-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021

If all above extensions were kept on applying in timely (before expiry) then yes you can apply ILR after completing 10 years minus 28 days.

[Sarav karthick]

Thanks seagul.

Based on the date criteria (10 years - 28 days) i will be qualifying around July 2020 and need to wait for the LiUK test centers to get opened.

[Sarav karthick]

Hi Team,

Thanks for your guidance. I have started progressing on the settlement application but got a query regarding the UK NARIC evaluation.

My year of award is mentioned as "2008" in UK NARIC certificate, want to validate whether this is correct considering the below facts
- My final examination held on May "2007" &
- Official award ceremony (Convocation) happened in Mar "2008"
- Degree Certificate conveys like - Examination held in May 2007 and Date on which Degree Certificate award given is 29-Mar-2008

Is this how they print in UK NARIC certificate or was it a mistake from UK NARIC? Response to this is much appreciated, thanks

[Sarav karthick]

Hi team, any response to the above query posted, it will be helpful if someone can clarify on the same.

[seagul]

Hi team, any response to the above query posted, it will be helpful if someone can clarify on the same.

See a sample:

https://www.naric.org.uk/naric/Individu ... ts/SoC.pdf

[Sarav karthick]

Hi Team,

I would like to validate the eligibility for my case to apply ILR under 10 years route based on my visa details below.

I have my first visa stamped on;
25-May-2010 - Tier-2 ICT Established Staff
(Came to UK on 08-Aug-2010 with visa end date on 30/07/2011)

Further extensions in subsequent years are as follows:-
10-Oct-2011 - Tier 2 ICT Short Term Leave to Remain
(Application submitted before current leave and COS issued on 12/07/2011, Biometrics attended on 13/09/2011 and BRP start date on 10/10/2011; end date 30/04/2012)

06-Jun-2012 - Tier 2 ICT Long Term Leave to Remain
(Application submitted before current leave and COS issued on 22/03/2012, Biometrics attended on 27/04/2012 and BRP Start date on 06/06/2012 ; end date 15/05/2014)

16-May-2014 - Tier 2 ICT Long Term Leave to Remain
(Application submitted before current leave and COS issued on 28/03/2014, Biometrics attended on 08/05/2014 and BRP Start date on 16/05/2014 ; end date 29/05/2016)

12-May-2016 - Tier 2 ICT Long Term Leave to remain
(Application submitted before current leave and COS issued on 23/03/2016, Biometrics attended on 07/05/2016 and BRP Start date on 12/05/2016 ; end date 12/06/2018)

05-Jun-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021
(Application submitted before current leave and COS issued on 18/04/2018, Biometrics attended on 05/05/2018 and BRP Start date on 05/06/2018 ; end date 26/06/2021)

All above Visa extensions were kept on applying in timely manner to home office by my company (before expiry of current leave).

Altogether within this 10 years i have total of 250 days(there are no gaps of 180 days or more in any of these years and no gap of 540 days in total towards this 10 year ILR route). Maximum gap i have taken is 103 days, in the year between Jan'17 to Apr'17 for my travel to India due to my work assignment nature and i have returned back to UK in the same BRP workpermit on Apr'17.

Please can I validate whether I am eligible for ILR this year Jul'2020 under a 10 years route?

Your timely response will be supportive. Thanks.

[CR001]

Topics merged!!!

[CR001]

i have extended my visa five times as specified below,

Oct-2011 - Tier 2 ICT Short Term Leave to Remain
June-2012 - Tier 2 ICT Long Term Leave to Remain
May-2014 - Tier 2 ICT Long Term Leave to Remain
June-2016 - Tier 2 ICT Long Term Leave to remain
June-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021

If all above extensions were kept on applying in timely (before expiry) then yes you can apply ILR after completing 10 years minus 28 days.

Your question was already answered when you asked in April.

[Sarav karthick]

Thanks Seagul and CR001.

But i have a doubt now since i didn't mention the actual dates for all my extensions when i first raised the query back in April.

My key question is around the first & Second extension in 2011 & 2012 as below, i noticed that BRP start date did not start from the date when actual Previous leave was expired.

I understand from my records that extension application submitted to home office on time and even received the scanned copy of PBS/COS from home office as per the date mentioned below (before the expiry of current leave) but somehow the biometric appointment delayed that time due to some other reason.

10-Oct-2011 - Tier 2 ICT Short Term Leave to Remain
(Application submitted before current leave and COS issued on 12/07/2011, Biometrics attended on 13/09/2011 and BRP start date on 10/10/2011; end date 30/04/2012)

06-Jun-2012 - Tier 2 ICT Long Term Leave to Remain
(Application submitted before current leave and COS issued on 22/03/2012, Biometrics attended on 27/04/2012 and BRP Start date on 06/06/2012 ; end date 15/05/2014)


Please can you clarify whether this will not cause any problem with respect to the continuous residence and eligibility for ILR in Jul'2020.

[CR001]

i noticed that BRP start date did not start from the date when actual Previous leave was expired.

It never does. Date of brp or new visa extension is the date when a decision is made. It is not tagged onto the expiry date of the last visa. The only relevant thing is that your applications were all submitted before visa expiry date.

[Sarav karthick]

Thanks CR001 for your swift response

One final thing to clarify, i assume PBS/COS is the official document issued by UK Home Office and in all my extensions i can see the "Current Certificate status date" is mentioned as "Assigned" and also the assigned date is well before the current leave/expiry date (for that particular year)

The reason why i am clarifying this is due to the fact my working company will apply our visa extension application to home office and we don't know the actual date when it was submitted to HO. From the scanned copy of PBS/COS i assume that it was submitted even before the "Current Certificate status date".

Based on the PBS - "Current Certificate status date", is this valid proof to conclude that all extension applications are submitted before the visa expiry date.

[CR001]

Date of application is the date the application was submitted to HO. The cos assign date is irrelevant.

Your visas would have been refused if applied for after visa expiry.

[Sarav karthick]

Hi Team,

Got another query where i need your Guidance/ assistance:-

As per the current on-going situation with no choice i have planned to submit SET(LR) application in Standard route on the qualifying date of 11th July.
Q1 - Please clarify me whether on this date when I submit the application I have legal rights to stay in this country without any dependency on the ICT Visa? Do my BRP and Passport will be submitted on the day when i have submitted the application.

Also from another aspect my company trying to push me to work from home country due to COVID situation in mid July, currently works under company sponsored visa “T2 ICT Long Term eligible till June’21”. I will be left with a choice of submitting resignation from the company to tackle that as i don't want to miss golden opportunity of 10 Year ILR.
Q2- When i forced for resignation whether the T2 ICT Long Term visa granted till June’21 will be void?
Q3 – When the above resignation situation occurs, considering i have submitted SET(LR) on 11th July, am I legal to stay in the country without any dependency from Employer.
Q4 – My Dependents (Spouse and Child) are on T2 ICT Long Term PBS Dependent, whether their visa will become invalid when i forced to resign from company. Is there any chance they can stay in the country when my SET(LR) application is in progress with HO
Q5 - If the Dependent visa is invalid, how come we will come to know and how soon they need to repatriate to home country.

I have some of my existing savings to cover the period of UKVAS decision via standard service ( 3 - 6 months) within UK and keen to know the legal terms in terms of Stay for my case and Dependents case as we don't want to enter into any overstaying criteria.

[CR001]

Q1 - Please clarify me whether on this date when I submit the application I have legal rights to stay in this country without any dependency on the ICT Visa?

Your rights to remain while an application is pending and your visa expires while it is pending, means that Section 3C of the immigration rules kick and your EXISTING Tier 2 visa conditions continue until HO makes a decision on your SET(LR).

Do my BRP and Passport will be submitted on the day when i have submitted the application.

You have to upload your supporting documents to the UKCVAS website. NO originals are sent to HO anymore.

Also from another aspect my company trying to push me to work from home country due to COVID situation in mid July, currently works under company sponsored visa “T2 ICT Long Term eligible till June’21”. I will be left with a choice of submitting resignation from the company to tackle that as i don't want to miss golden opportunity of 10 Year ILR.

Working from home is irrelevant to your SET(LR) application.

Q2- When i forced for resignation whether the T2 ICT Long Term visa granted till June’21 will be void?

No one if forcing you to resign. This is a choice that YOU are making. Your visa remains valid until curtailed by HO.

Q3 – When the above resignation situation occurs, considering i have submitted SET(LR) on 11th July, am I legal to stay in the country without any dependency from Employer.

See my answer to Q1. Note that you will NOT be able to work for another employer at all until your ILR is granted.

Q4 – My Dependents (Spouse and Child) are on T2 ICT Long Term PBS Dependent, whether their visa will become invalid when i forced to resign from company. Is there any chance they can stay in the country when my SET(LR) application is in progress with HO

No. They do however need to switch to FLR(M) spouse/child visa once you have your ILR and meet the English and financial requirements.

Q5 - If the Dependent visa is invalid, how come we will come to know and how soon they need to repatriate to home country.

You are overthinking.

I have some of my existing savings to cover the period of UKVAS decision via standard service ( 3 - 6 months) within UK and keen to know the legal terms in terms of Stay for my case and Dependents case as we don't want to enter into any overstaying criteria.

Overthinking.

[Sarav karthick]

Thanks.

In simple terms when i submit the application on 11th July, as per the immigration law "Section 3C" i have rights to stay in the country until the ILR decision is granted. My T2 ICT will not be cancelled at any cost until HO makes decision on my ILR case (though i understand i should not work for any other employer)

My dependents can also continue with me in T2 ICT PBS dependent until i receive the decision from HO via the Standard route of 6 months SET(LR) decision.

Is my understanding above right?

[CR001]

In simple terms when i submit the application on 11th July, as per the immigration law "Section 3C" i have rights to stay in the country until the ILR decision is granted. My T2 ICT will not be cancelled at any cost until HO makes decision on my ILR case (though i understand i should not work for any other employer)

As your existing visa still has a long validity, this wouldn't really apply and your existing Tier 2 ICT visa conditions continue. Section 3C kicks in if your current visa expires while an application is pending.

https://www.gov.uk/government/publicati ... d-3d-leave

My dependents can also continue with me in T2 ICT PBS dependent until i receive the decision from HO via the Standard route of 6 months SET(LR) decision.

Yes.