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Set ILR NARIC Query

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ILR - 10 Year Route through ICT

Post by Shanvasu » Sat Sep 28, 2019 6:49 am

Hello Team,

I have 3 questions which is confusing me a lot and not getting a clear answer yet by going through a forum, hence posting by myself for an advice from Gurus.

1. I had granted ICT established staff visa on 20/5/2010 and travelled to UK 27/06/2010 (with in 90 days). My question is when can I eligible to start my application for ILR?

(I.e) 25/05/2010 minus 28 days or 27/06/2010 minus 28 days

2. All my 9+ years, I have been working for same employer (MNC) but for different clients. Now the situation is, my current assignment with my current client is finished and my employer is trying a new opportunities for me if in case my employer is unable to find a new client then I need to travel back to India (payroll change) say mid of Oct 2019. However, I can still search a project from India to travel back ( that means Visa will be still valid). Hopefully something will get sorted with in 3 months, if in case something not clicking then am i allowed to travel UK (since ICT visa is valid but no work technically) to stay some time to not to break my 180 days?

3. My wife is working here in UK as my ICT dependent, would be okay to leave family here during my project search from India? Financially no issue since she is working to support her and my son. This is will give a chance to me to.come and visit till i get a new assignment in UK.

Note. I understand, I can convert to Tier G (provided employer change and sponsors) but nothing is clicking with in this short span of time. Also, welcome to your other advise to get an ILR mid next year , please?

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Re: ILR - 10 Year Route through ICT

Post by CR001 » Sat Sep 28, 2019 10:12 am

For long residence ILR our qualifying period starts counting from the date you entered the UK and not the initial visa issue date.
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Re: ILR - 10 Year Route through ICT

Post by Shanvasu » Sat Sep 28, 2019 10:15 am

Thanks for quick reply. Cloud you please clarify on my other questions also, please?

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Re: ILR - 10 Year Route through ICT

Post by Shanvasu » Sat Sep 28, 2019 1:33 pm

Anyone come across a situation mentioned on question 2 and 3 , please? It appeared to be a legal for me but I couldn't able to locate any documentation to support my understanding. So If someone come across like this please guide me/ gurus please advise me, please?

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Re: ILR - 10 Year Route through ICT

Post by zimba » Sun Sep 29, 2019 2:01 pm

2. All my 9+ years, I have been working for same employer (MNC) but for different clients. Now the situation is, my current assignment with my current client is finished and my employer is trying a new opportunities for me if in case my employer is unable to find a new client then I need to travel back to India (payroll change) say mid of Oct 2019. However, I can still search a project from India to travel back ( that means Visa will be still valid). Hopefully something will get sorted with in 3 months, if in case something not clicking then am i allowed to travel UK (since ICT visa is valid but no work technically) to stay some time to not to break my 180 days?
If you leave with a valid visa and return within 6 months, your lawful residence remains intact
3. My wife is working here in UK as my ICT dependent, would be okay to leave family here during my project search from India? Financially no issue since she is working to support her and my son. This is will give a chance to me to.come and visit till i get a new assignment in UK.
Yes however if you get ILR under long residence, your wife must switch to FLR(M) which has an income requirement :!:
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Re: ILR - 10 Year Route through ICT

Post by Shanvasu » Sun Sep 29, 2019 3:19 pm

Thx Zimba - Its indeed big relief to me. Still I'm unable to get a new assignment (client) for my employer so just thinking to leave my family here and search a new UK assignment from india. If something not clicking then planning visit my family every month to make an entry to UK ( but not working just visiting) , however continue working for an employer from India who sponsored my ICT for past 9 years.

I hope immigration will not questions by entries of visit? If anyone come across this before ?
Also please do share any documentation to support my understanding,thx.

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Re: ILR - 10 Year Route through ICT

Post by zimba » Sun Sep 29, 2019 4:11 pm

Remember that your employer must report changes in your situation to the UKVI. They may decide to curtail your leave or even refuse you entry if it turns out you are not working under the Tier 2 visa in the UK. Merely having a visa doesn't mean you will be granted entry. Just a note so that you know there is a risk
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Re: ILR - 10 Year Route through ICT

Post by Shanvasu » Sun Sep 29, 2019 4:53 pm

Thx Zimba - Yes, they must report the changes to UKVI because of Payroll change etc... (i.e. till i get next assignment, I will get a salary in INR) but they will not curtail my visa. My employer is a big service base company with 3 lacs+ (0.3 million) employees and always look for new UK assignment with priority of Visa holder (I have a visa till Jul 2022).

Consider above, still your answers/advise on questions 2 & 3 are valid, right?

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Re: ILR - 10 Year Route through ICT

Post by CR001 » Sun Sep 29, 2019 4:54 pm

It is not your employer that curtails your visa, it is home office if the purpose of your visa is no longer being me.

If your visa is curtailed, your dependents will also be curtailed.
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Re: ILR - 10 Year Route through ICT

Post by Shanvasu » Sun Sep 29, 2019 5:07 pm

Thx CR001 - Based on your expertise, could you please roughly quote how long will it take to make a decision on curtailment by HO, please? provide my employer informed my change to UKVI by end of Oct 2019.

All i'm thinking to cover for max 3 months, next year beginning, I will definitely get a project in UK. I've spent 9+ years so just thinking of seeking an advice if it's legal to proceed and leave a family here so i can save lot of hurdle in family side.

Otherwise, I need to take my family back to setup there for short period then come back again. Please note, I will be eligible to apply ILR on 1st week of June 2020 by ILR LR. (No 180 days at a time/ 540 days absence in all 10 years).

considering this, was thinking if i make a entry (at least by visiting - say mid of Jan and stay for week or 2 ) then my requirement for applying ILR is still intact as advised by Zimba.

Please advice.

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Re: ILR - 10 Year Route through ICT

Post by zimba » Sun Sep 29, 2019 5:23 pm

Your visa may be curtailed to 6 months if it is valid for more than 6 months. So I suggest to aim to get a new project as soon as you leave the UK. If curtailment happens, you may be refused further re-entry and your visa then could be completely cancelled at the border.
The safest option is to leave with a valid leave and return with a fresh visa based on a new contract.
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Re: ILR - 10 Year Route through ICT

Post by Shanvasu » Sun Sep 29, 2019 5:37 pm

Yes, My visa is valid more than 6 months ( infact another 2 years). This interim plan for leaving family for another 3 months to look for new project in UK with same employer. if something is not clicking, then planning to come (on my own money -I'm sure my current visa will not get cancelled till Jan 2020 - I've seen many of my colleagues traveled to UK for new assignment on the same visa 4/5 months later etc.. ) and take my family back by cancelling all utilities, contracts, kids classes etc.. in UK. for this I'm planning to stay for week or 2 and then travel back to India. (This all for worst case planning but mostly I will new projects on next year new beginning).

By doing so, I will make an another entry to UK with 90 days and will stay 15 days or so. This will help to not break 180 absence at a time criteria ( correct me if i'm wrong)

My next plan to get a new visa in some other route and come here UK alone to sort my ILR/Work etc... then I can process my dependents FLR M visa from India.

My only question is, can i leave family behind in the interim (say 3 months) whilst i'm out side of UK and Am i allowed to come and take family back on my own on ICT with no UK work assignment (yes, it's based on my visa validity and I'm 100% sure my visa will be valid for at least 6 months).

Apologies if it's feel pestering but it's kind of haunting me for past week on my next plan. Hope you guys can understand.

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Re: ILR - 10 Year Route through ICT

Post by zimba » Mon Sep 30, 2019 12:27 am

My only question is, can i leave family behind in the interim (say 3 months) whilst i'm out side of UK and Am i allowed to come and take family back on my own on ICT with no UK work assignment (yes, it's based on my visa validity and I'm 100% sure my visa will be valid for at least 6 months).
I answered this before. Yes you can
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Set ILR NARIC Query

Post by Shanvasu » Fri May 29, 2020 10:07 am

Hello Team,

I'm aware that, I would require B1 certification for my ILR (SET - LR), However, test centers aren't operating yet, earliest slot I get July last or beginning for Aug 2020.

So, As I have been told to check NARIC route ( they are very much operating) and trying to get medium of degree taught in English from college, India. Unfortunately, the lock-down still in force in my place of India which is delaying again to get transcript from my college. As this is a only document delaying my ILR submission so i did some research and found below.

<<<<<
Evidence from NARIC

An applicant must provide an AQUALS or a statement of comparability from UK
NARIC confirming the qualification is equivalent to a UK qualification. Where the
qualification was obtained in a non-majority English-speaking country, an ELPS or
an English language assessment (ELA) is also required. However, you do not need
to see additional confirmation from NARIC where the:

• Home Office have previously accepted a degree qualification as meeting the
requirements for an earlier application, and leave was granted
• degree was awarded by a UK university

>>>>>

Based on the above, I was granted my entry clearance for Established staff visa on 2010 with my English degree certificate.

Considering this, am I okay to proceed my ILR? what is advise here from experts, please?

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Re: Set ILR NARIC Query

Post by zimba » Fri May 29, 2020 1:17 pm

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Re: Set ILR NARIC Query

Post by Shanvasu » Mon Jun 01, 2020 1:45 pm

Thanks for the advise, however, I'm bit nervous on that front to go with no English test, so decided to wait till I get a slot for B1 test on Trinity college.

I'm qualifying today to apply an ILR for SET LR route ( I was first entered UK on 27th Jun 2010). But, I'm not proceeding with my application due to English test and I've visa till Jul 2022 and valid Job. Also, I'm aware based on from this forum Priory service is not resumed yet so that is another reason for me to holding back. based on that I need experts advise for below.

1. Even though, I qualify for ILR - SET LR, can I wait for another month or 2 to apply to home office? or what is experts advise here? anyhow, I'm planning to wait till I get my B1 in hand (say mid July 2020)

2. Clarify, how to get priority service (I'm aware, that is not available now)? at what point i need apply for this? while submitting my application on UKVI? do I need pay for this priority service on this time whilst pay visa fee?

3. After I apply my application, say Mid Jul 2020, is there any further wait time expected from UKVCAS end? I know they have some backlog and it's easy to answer but my question on general ?

4. Can I start search Job when my application is with Home office ?

5. Do i need to submit absence letter for my India trip/ Europe trip details (everything already in my passport) ?

6. I need to submit Life in UK, English test, passports and BRP ? I dont think i need to submit a letter from Employer since I'm applying via SET LR ? please clarify any other document i need to submit so that i can arrange before I apply, please?

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Re: Set ILR NARIC Query

Post by CR001 » Mon Jun 01, 2020 1:52 pm

1. Even though, I qualify for ILR - SET LR, can I wait for another month or 2 to apply to home office? or what is experts advise here? anyhow, I'm planning to wait till I get my B1 in hand (say mid July 2020)
You can apply at any time. There is NO rule that it must be bang on 10 years since you entered the UK.
2. Clarify, how to get priority service (I'm aware, that is not available now)? at what point i need apply for this? while submitting my application on UKVI? do I need pay for this priority service on this time whilst pay visa fee?
It is part of the online application before payment, where you select the service. You pay both fees at the same time.
3. After I apply my application, say Mid Jul 2020, is there any further wait time expected from UKVCAS end? I know they have some backlog and it's easy to answer but my question on general ?
No one can tell you what the delays will be.
4. Can I start search Job when my application is with Home office ?
You cannot work for anyone else until you have ILR. You can only work for your tier 2 sponsor.
5. Do i need to submit absence letter for my India trip/ Europe trip details (everything already in my passport) ?
No!!
6. I need to submit Life in UK, English test, passports and BRP ? I dont think i need to submit a letter from Employer since I'm applying via SET LR ? please clarify any other document i need to submit so that i can arrange before I apply, please?
You don't need ANY employment letters.
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Re: Set ILR NARIC Query

Post by Shanvasu » Thu Jun 04, 2020 10:23 pm

Thx for your clarification and that's help.

Based on my situation, I have further questions and hope you can help me with that as well.

1. I understand that, I can't switch to other companies until I get my ILR biometric . However once I get my ILR assume i switch my company immediately then what will happen to dependant visa (T2 ICT dependents) they have that visa till Jul 2022 and there is no plan to go outside of country for at least for another 12 months. Are they allowed to stay here with that visa? This visa was sponsored by my current employer so if I change a company, this will lead to curtailment automatically ? Any advise please?

2. Reason for asking to retain on the same ICT depends visa for my son and wife is that, my son was born in india and came to UK on Feb 2014. Some one advise me that, if I get an ILR and if your son stays here continuously for 7 yrs then i can apply ILR for him and also based on that once my son get ILR then i can apply to my wife as well who also came on Feb 2014 (after maternity with 8 months gap - original entry Jun 2012). My son is eligible on this 7 yrs route (private life??) On Feb 2021. Please advise whether my understanding correct??

3. Otherwise, experts advise that i can switch them to FLR M (if I switch my company )and wait for another 5 yrs on 2 FLR renewal i.e. on 2025? Or point 2 scenario is valid only? That will save lot of money and time, please?

4. Also, they are eligible on Set lr on Feb 2024 as well?

Please advise which is best options that will help me please?

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Re: Set ILR NARIC Query

Post by CR001 » Thu Jun 04, 2020 10:36 pm

1. I understand that, I can't switch to other companies until I get my ILR biometric . However once I get my ILR assume i switch my company immediately then what will happen to dependant visa (T2 ICT dependents) they have that visa till Jul 2022 and there is no plan to go outside of country for at least for another 12 months. Are they allowed to stay here with that visa? This visa was sponsored by my current employer so if I change a company, this will lead to curtailment automatically ? Any advise please?
They are NOT dependent on your employer. They are dependent on YOU. They need to switch to FLR M visa sooner rather than later.
2. Reason for asking to retain on the same ICT depends visa for my son and wife is that, my son was born in india and came to UK on Feb 2014. Some one advise me that, if I get an ILR and if your son stays here continuously for 7 yrs then i can apply ILR for him and also based on that once my son get ILR then i can apply to my wife as well who also came on Feb 2014 (after maternity with 8 months gap - original entry Jun 2012). My son is eligible on this 7 yrs route (private life??) On Feb 2021. Please advise whether my understanding correct??
There is no ilr based on 7 years residence. Whoever told you that doesn't know what they are talking about. It is a 10 year FLR fp visa route, 4 X 2.5 year visas. They both have to switch to FLR M, which resets their 5 year ilr clock.
3. Otherwise, experts advise that i can switch them to FLR M (if I switch my company )and wait for another 5 yrs on 2 FLR renewal i.e. on 2025? Or point 2 scenario is valid only? That will save lot of money and time, please?
They need to switch to FLR M. Once your spouse has 10 years long residence and meets all the requirements, if that is in 2024, she can apply for ILR LR and your son can also apply in his own set LR.
4. Also, they are eligible on Set lr on Feb 2024 as well?
Yes, if they each, individually, meet the long residence requirements.
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Tier 2 ICT to Tier 2 General

Post by Shanvasu » Wed Jul 01, 2020 6:11 pm

Hello Team,

As of now, I'm eligible for an ILR - SET (LR) and awaiting for priority services. Meanwhile something is developed on my case and really need your advice.

1. I've originally offered ICT established staff visa on 2010 and I'm aware that, this is convertible in UK to tier 2 General, and I hope this is still in place.

10 years I worked for same company through ICT Tier 2 visa and never tried outside job, since I'm eligible now for an ILR, I started searching a job and luckily got a job offer with good pay, However, I'm not able to accept due to ILR not in hand, now that new employer asked me, what is the other route to get me in and I told about point 1 and they agreed to it and based on that I need clarity that,

2. Are they able to process my Tier 2 General visa whilst i'm working for current employer?
3.At what point I need to tell my current employer that I'm reassigning from them?
4. What is earliest i can work for new employer (this is immediate start and can wait for 30 days for my notice to current employer - due to urgency only they are looking to sponsor) ?
5. If COS for Tier 2 General submitted with home office with start work date as 15 Aug, can I start that day with them even-though visa decision is pending with them?
6. Or, I need to get Tier 2 G in hand to start work for new employer, in this forum I read somewhere due to covid, UKVI is allowing to start work for new employer back of COS, is that my understanding correct?
6. What are paper work I need from new employer before reassigning with out affecting my visa status, please?

ILR Priority service will help me high time to join to them with any of this but they are kindly agreed to try this option for me which I haven't tried for last 10 years :)

Regards,
Shanvasu

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Re: Tier 2 ICT to Tier 2 General

Post by CR001 » Wed Jul 01, 2020 6:53 pm

1. I've originally offered ICT established staff visa on 2010 and I'm aware that, this is convertible in UK to tier 2 General, and I hope this is still in place.
Yes still applies.
2. Are they able to process my Tier 2 General visa whilst i'm working for current employer?
Yes, if they are a licensed genuine sponsor.
3.At what point I need to tell my current employer that I'm reassigning from them?
Usually once your tier 2 general visa has been granted.

https://www.gov.uk/guidance/coronavirus ... -residents
If you’re applying to stay in the UK long-term
You can apply from the UK to switch to a long-term UK visa until 31 July 2020 if your leave expires between 24 January 2020 and 31 July 2020. This includes applications where you would usually need to apply for a visa from your home country.

You can also apply from the UK if your leave expires after 31 July 2020 but you urgently need to make a new application, for example to start a new job or course of study, and cannot leave the UK to make an application from overseas. This includes applications to switch into a different work route or to change jobs in the same route using a new Certificate of Sponsorship (CoS).

You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee.

This includes those whose leave has already been extended to 31 July 2020.

You can apply online. The terms of your leave will remain the same until your application is decided.
The below however, might only apply to those who are changing tier 2 general employers and not tier 2 ict to tier 2 general because your existing Tier 2 ICT visa conditions continue while HO is processing your application, which means you can only work for your ICT sponsor.
If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.
4. What is earliest i can work for new employer (this is immediate start and can wait for 30 days for my notice to current employer - due to urgency only they are looking to sponsor) ?
Likely once you have visa approval.
5. If COS for Tier 2 General submitted with home office with start work date as 15 Aug, can I start that day with them even-though visa decision is pending with them?
See above. While you have an application pending, your existing Tier 2 ICT visa conditions continue.
6. Or, I need to get Tier 2 G in hand to start work for new employer, in this forum I read somewhere due to covid, UKVI is allowing to start work for new employer back of COS, is that my understanding correct?
Usually you need tier 2 General visa BRP first. The working when CoS assigned is likely for Tier 2 General migrants changing employers on Tier 2 General or Tier 4 to Tier 2 General or PBS Dependent to Tier 2 General.
6. What are paper work I need from new employer before reassigning with out affecting my visa status, please?
You need a CoS and all the requirements must have been met, specifically RLMT for 28 days if relevant and a non shortage occupation. You haven't stated what your SOC is.
ILR Priority service will help me high time to join to them with any of this but they are kindly agreed to try this option for me which I haven't tried for last 10 years :)
Unclear why you want to do this long winded and costly route instead of simply applying for ILR. You could have applied for ILR weeks ago already, which you knew as you have been asking these questions since September last year.

The same delays will apply to Tier 2 General and priority is still suspended.
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Re: Set ILR NARIC Query

Post by Shanvasu » Wed Jul 01, 2020 9:05 pm

Thx for your advise.

Reason for not applying ILR is the standard route and currently due to covid my current assignment ending by 24th July and after that if I'm not getting assignment with my current employer then i need to travel back so thinking to grab this offer and that's the reason I'm looking for this route.

1. If I apply an ILR on the standard route then I'm stuck with current employer and i had signed with them.if I'm not in the job with them in UK then i have to travel back to home country.
Need to understand, when my visa with HO will they legally send me back since I signed with them?

Regards
Shanvasu

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Re: Set ILR NARIC Query

Post by Shanvasu » Thu Jul 02, 2020 8:53 am

1.Any advice on legal stay upon visa submission to home office? If I force to go back by my employer then, am i lawfully say to them my visa application for an ilr is there with home office and I'm not allowed to travel? Not sure how many of us faced this scenario and this and all arises due to covid.

2.Tier 2 general route I'm thinking only to avoid point 1, i don't want my current employer push me to go back to home country when I'm not generating billing for them. And also, this only on the card if I can work back of cos and as said waiting for Tier 2 G and I L R is now almost same.

Document says that, I can change work route, so I assume this is ICT to General and below says, before getting visa I can start work.

"" If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS""



Hope you understand my position and why I'm going this route, please advice.

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Re: Set ILR NARIC Query

Post by poper » Thu Jul 02, 2020 11:43 am

You need to tell your employer that you have spent more than £2K for your ILR application and you cannot leave the UK. A sensible employer wouldn't want to push you beyond this.
Worst case scenario: If your employer is not considerate, you could always resign and wait till your ILR arrives and start a new life. You need to workout your financials as you cannot work for an alternate employer until your ILR arrives
And do apply for ILR before your current leave expires
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Re: Set ILR NARIC Query

Post by Shanvasu » Thu Jul 02, 2020 12:39 pm

Thx Poper, yeah financially I'm okay and at last I'm looking to resign only, please let me know at the point of resign whether I have to apply my ILR before hand.

Just thinking to wait for priority since I have enough leave to remain for another 2 years.

If I resign before applying ILR will it affect my stay and mark as overstayers?

Just overthinking and hoping priority will start mid of July so that get an ILR and I have job ready to grab, but covid delay playing high time in my life. I have spent 10 years for this to happen at the end covid is playing is part :)

Regards
Shanvasu

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