Tier 2 ICT to ILR - 10 years route

[Anujvasu04]

Dear All,
Could you please advise if I'm eligible for applying for ILR as I would be completing 10-years continuous stay (long-term settlement) in the UK in October 2020?
If yes, when do I need to apply for ILR?

Visa history:

T2 ICT Certificate of sponsorship (COS) date - 01/09/2010
Arrived in the UK on 31/10/2010
The T2 ICT visa was extended until 08/10/2015 on 17/07/2013
Received new COS from the same employer on 01/07/2015
T2 ICT was extended for another five years on 24/07/2015
T2 ICT visa is valid until 07/10/2020

Many thanks and Regards
Anuj

[CR001]

You can apply no sooner than within 28 days before the 10th anniversary of the date you entered the UK, if you meet all the standard requirements.

[Anujvasu04]

Thank you for your reply.
Could you please elaborate on what you mean by 'standard requirements'?

Another question, my wife joined me in the UK in June 2011 (six months after I arrived) and if I'm not wrong she could apply for ILR only after completing her 10-years criteria and this means we need to apply for a dependent visa for her as soon as I'm granted ILR or along with my ILR application.

Also, does the same rule also apply for dependent children as my son is five years old and would fulfil his 10-year criteria only in 2025?

Thanks and Regards
Anuj

[CR001]

Could you please elaborate on what you mean by 'standard requirements'?

Absences, LIUK, English, 10 years legal stay, etc. The standard requirements.

Another question, my wife joined me in the UK in June 2011 (six months after I arrived) and if I'm not wrong she could apply for ILR only after completing her 10-years criteria and this means we need to apply for a dependent visa for her as soon as I'm granted ILR or along with my ILR application.

When does her current visa expire? All visas count for long residence and she must meet all the standards requirements individually on her own.

Also, does the same rule also apply for dependent children as my son is five years old and would fulfil his 10-year criteria only in 2025?

Where was he born??

[Anujvasu04]

absences, LIUK, English, 10 years legal stay, etc. The standard requirements.

Where can I find more information about the specific requirements as I believe some of the requirements change according to the person's educational qualification?

When does her current visa expire? All visas count for long residence and she must meet all the standards requirements individually on her own.

She is on T2 ICT dependent visa since the beginning and it expires on the same date as mine - 07/10/2020

Where was he born??

London

[CR001]

absences, LIUK, English, 10 years legal stay, etc. The standard requirements.

Where can I find more information about the specific requirements as I believe some of the requirements change according to the person's educational qualification?

The only difference it makes if you have an educational qualification is if you have a UK degree, then you don't need UKVI Red Route NARIC or the English test. Not sure what advantage you believe there is based on educational qualifications??

When does her current visa expire? All visas count for long residence and she must meet all the standards requirements individually on her own.

She is on T2 ICT dependent visa since the beginning and it expires on the same date as mine - 07/10/2020

She would need to then apply for FLR(M) spouse visa once you have ILR (or apply at the same time) and meet the English and financial requirement. it will be a 2.5 year visa.

Where was he born??

London

He can be registered as British on form MN1 once EITHER parent is granted ILR. He does not need ILR.

[CR001]

https://www.gov.uk/long-residence

https://www.gov.uk/government/publicati ... -residence

[Anujvasu04]

Thank you for the detailed explanation on this matter.

The only difference it makes if you have an educational qualification is if you have a UK degree, then you don't need UKVI Red Route NARIC or the English test. Not sure what advantage you believe there is based on educational qualifications??

I was under the impression that if you have a degree taught in English then it is not mandatory. I have an MBA degree (from India). Can I get an exemption with a statement of comparability from UK NARIC?

He can be registered as British on form MN1 once EITHER parent is granted ILR. He does not need ILR.

My son's visa is also valid until 07/10/2020. I can apply for ILR only after 03/10/2020 (28 days before the 10th anniversary).
When I apply for his British Citizenship using form MN1 after getting ILR the date of application would be either too close or after the visa validity date? Would that be a problem?

Many thanks and regards
Anuj

[CR001]

I was under the impression that if you have a degree taught in English then it is not mandatory. I have an MBA degree (from India). Can I get an exemption with a statement of comparability from UK NARIC?

No exemption. You need ukvi red route naric.

My son's visa is also valid until 07/10/2020. I can apply for ILR only after 03/10/2020 (28 days before the 10th anniversary).
When I apply for his British Citizenship using form MN1 after getting ILR the date of application would be either too close or after the visa validity date? Would that be a problem?

A UK born child has an entitlement to register as British and do not need a valid visa.

Many thanks and regards
Anuj
[/quote]

[Anujvasu04]

Dear All,
I’m on Tier 2 ICT visa since October 2010 and will be applying for ILR in September 2020 together with my family.

My wife is in UK since June 2011 and when I contacted home office recently they informed that she became eligible for ILR application as soon she completed 5 years continuous stay in the UK on a PBS dependant visa ( in this case T2 ICT) and she could have applied for ILR in 2016 even though I’m only on T2 ICT visa. Now, I’m planning to apply for ILR for her using SET (O) form in September when I will apply for ILR using SET (LR) form. Can anyone confirm that this is the correct process?

Secondly, my son’s Indian passport expired in February 2020 and couldn't renew it earlier because of COVID. He is a minor and born in the UK (2014). I’m not getting appointment through VFS and may not get his new passport by September. Is it possible to apply for ILR for him on an expired passport or can I apply after getting a new passport even though his dependent visa expires on 07/10/2020, same date as mine.

Last point, proving 10 years of continuous stay. I have done lot of travel in the last 10 years and have three passports with multiple stamps on each page. The total travel during this period is less than 500 days(including the day of travel and arrival in the UK). Would it be enough to submit my passport along with the application or is there a way I can request the Home Office to send my travel history since I moved into the UK?

The travel history for a wife is not that complicated and can be proven easily with the passport pages. I have a made detailed excel file with the date of departure and arrival for each and every travel history done in the last 10 years.

Thanks and Regards
Anuj

[CR001]

Topics Merged!!

[CR001]

My wife is in UK since June 2011 and when I contacted home office recently they informed that she became eligible for ILR application as soon she completed 5 years continuous stay in the UK on a PBS dependant visa ( in this case T2 ICT) and she could have applied for ILR in 2016 even though I’m only on T2 ICT visa. Now, I’m planning to apply for ILR for her using SET (O) form in September when I will apply for ILR using SET (LR) form. Can anyone confirm that this is the correct process?

She does NOT qualify and CANNOT apply for ILR based on 5 years tier 2 dependent if you apply for ILR based on long residence. The rules do NOT permit this. You were already advised about this last year when you asked the same questions. I suggest read the responses above again.

Secondly, my son’s Indian passport expired in February 2020 and couldn't renew it earlier because of COVID. He is a minor and born in the UK (2014). I’m not getting appointment through VFS and may not get his new passport by September. Is it possible to apply for ILR for him on an expired passport or can I apply after getting a new passport even though his dependent visa expires on 07/10/2020, same date as mine.

This question was also answered when you previously asked. The answers don't change. A UK Born child does NOT need a passport to register as British. He also does NOT need ILR.

Last point, proving 10 years of continuous stay. I have done lot of travel in the last 10 years and have three passports with multiple stamps on each page. The total travel during this period is less than 500 days(including the day of travel and arrival in the UK). Would it be enough to submit my passport along with the application or is there a way I can request the Home Office to send my travel history since I moved into the UK?

You need to submit all your passports. No originals are sent to HO. Everything is scanned and uploaded digitally. YOu don't need your HO record of travel, simply submit your passports.

The travel history for a wife is not that complicated and can be proven easily with the passport pages. I have a made detailed excel file with the date of departure and arrival for each and every travel history done in the last 10 years.

She doesn't qualify for ILR.

[Anujvasu04]

Hi,
Thank you for the reply and answering the questions again regarding the ILR applicaton.
I contacted HM twice before posting these questions and both time I was informed that my wife is eligible for ILR as she has completed 5 years as a Tier 2 dependent, even though I'm on Tier 2 ICT can only apply through 10 year long residence route. This was the reason I posted these questions again.

I noticed that you mentioned about financial requirements but I didn't find any reference in the document. Can you please highlight this section for me?

The eraliest date of application - Is it 28 days from the date of visa grant or date of entry in the UK? The Tier 2 ICT visa was issued on 07/10/2010 and I entered UK on 31/10/2010.

Thanks
Anuj

[CR001]

I contacted HM twice before posting these questions and both time I was informed that my wife is eligible for ILR as she has completed 5 years as a Tier 2 dependent, even though I'm on Tier 2 ICT can only apply through 10 year long residence route. This was the reason I posted these questions again.

The call centre is outsourced to a third party agent who frequently give incorrect advice. She cannot apply for ilr based on 5 years PBS dependent. The rules do not permit this and has been the case since April 2014. See link below.

https://www.immigrationboards.com/immig ... 43881.html

I noticed that you mentioned about financial requirements but I didn't find any reference in the document. Can you please highlight this section for me?

Financial requirment is for your spouse to switch to FLR M and NOT your ilr.

https://www.gov.uk/uk-family-visa/proof-income

The eraliest date of application - Is it 28 days from the date of visa grant or date of entry in the UK? The Tier 2 ICT visa was issued on 07/10/2010 and I entered UK on 31/10/2010.

Within 28 days before the 10th anniversary of the date you ENTERED the UK. Your initial visa date is irrelevant.

[Anujvasu04]

Thank you for this information.

One last question, so based on the 28 days rule I can apply for ILR only on 5th October but my visa expires on 7th October.
I will be using the premium service but in case I don't get a reply by 7th would I be deemed as an overstayer?
Can me and family stay in the UK if the response doesn't come before 7th October?

Thanks,
Anuj

[CR001]

One last question, so based on the 28 days rule I can apply for ILR only on 5th October but my visa expires on 7th October.
I will be using the premium service but in case I don't get a reply by 7th would I be deemed as an overstayer?

No. https://www.gov.uk/government/publicati ... d-3d-leave

Can me and family stay in the UK if the response doesn't come before 7th October?

Not if their visas expire and they haven't made a FLR m application. They must apply for FLR m BEFORE their visas expire otherwise they are both overstayers.

[Anujvasu04]

Not if their visas expire and they haven't made a FLR m application. They must apply for FLR m BEFORE their visas expire otherwise they are both overstayers.
[/quote]

OK. This means my wife must also apply before 7th October.

As for my son who is born in the UK, I understand as per your previous communication that he is eligible to apply for citizenship once I get ILR and this can be done even after the expiry of his visa.


Many Thanks,
Anuj

[CR001]

As for my son who is born in the UK, I understand as per your previous communication that he is eligible to apply for citizenship once I get ILR and this can be done even after the expiry of his visa.

Correct.