Combination of Workpermit and ICT for ILR

tshan · Post by **tshan** » Tue Jun 28, 2011 11:10 am

Hi,
I came to UK under work permit in the year 2006 on 26/08/2006. Regularly my company have extended my "work permit - leave to remain" until 31/12/2010.

In Jan 2011(05/01/2011), my company have extended my leave to remain from "work permit - leave to remain" to "ICT(Intra company transfer-Established Staff category)" until 09/11/2012.

On 26th August 2011, I will be completing 5 years continuous stay in UK with mix of both "work permit - leave to remain" and "ICT(Intra company transfer-Established staff)".

My question is
"Am I eligible to apply for settlement in UK with above criteria"?

sarath1212 · Post by **sarath1212** » Tue Jun 28, 2011 11:30 am

tshan wrote:Hi,
I came to UK under work permit in the year 2006 on 26/08/2006. Regularly my company have extended my "work permit - leave to remain" until 31/12/2010.

In Jan 2011(05/01/2011), my company have extended my leave to remain from "work permit - leave to remain" to "ICT(Intra company transfer-Established Staff category)" until 09/11/2012.

On 26th August 2011, I will be completing 5 years continuous stay in UK with mix of both "work permit - leave to remain" and "ICT(Intra company transfer-Established staff)".

My question is
"Am I eligible to apply for settlement in UK with above criteria"?

Yes you're eligible for ILR on Aug 26 ,2011

tshan · Post by **tshan** » Tue Jun 28, 2011 11:59 am

Thanks for the reply Sarath.

I contacted UK Border agency through telephone and they said I am not eligible as I am in ICT currently which was got after 06 APR 2010.
And according to new rules, I am not eligible, they said.

Should I have to go through some solicitors?

abbi123 · Post by **abbi123** » Tue Jun 28, 2011 12:40 pm

Hi,
home office is correct....according to new rules published you are not eligible for ILR

i was talking to one of my friend over week end
he has the same issue
he came on work permit and company extend his visa on ICT and he applied for toer-1 before april 6th 2011 and granted , as per new rules he has to spend another 5 years for ILR

wait for some seniors to respond

Post by **geriatrix** » Tue Jun 28, 2011 1:27 pm

tshan, if you entered UK on WP as an "intra-company transferee" and switched to Tier 2 (ICT), then you may apply for settlement - even if your Tier 2 (ICT) application was submitted after 06-Apr-10.

7. Requirements for indefinite leave to remain as Tier 2 (Intra-Company Transfer) Migrant wrote:Only Tier 2 (Intra-Company Transfer) Migrants who applied under that category before 6 April 2010, or who switched into that category from being an intra-company transferee work permit holder after that date, can apply for settlement when they have been in the UK for five years.

See also 245GF(c) and 245GF(d).

sarath1212 · Post by **sarath1212** » Tue Jun 28, 2011 1:30 pm

tshan wrote:Thanks for the reply Sarath.

I contacted UK Border agency through telephone and they said I am not eligible as I am in ICT currently which was got after 06 APR 2010.
And according to new rules, I am not eligible, they said.

Should I have to go through some solicitors?

Yes you can consult with some solicitors......

My understanding is whoever extended thier FLR as ICT not affected by the new rules.Who ONLY got the EC as ICT after 06 APR2010 there coming under new rules.

tshan · Post by **tshan** » Tue Jun 28, 2011 3:00 pm

Thanks to all your reply especially "sushdmehta" comments which boosted me up...

I contacted a solicitor and my company to clarify couple of things.

Question to Solicitor
1. Am I eligible for ILR with the above said category -
ANS : He says I am eligible(solicitor fees - Â£850 + VAT).

Question to my company
1. What type of work permit was progressed since Aug 2006 -
ANS : It was work permit (Intra company transfer).

So, from the above two points, and from the section 7 of the document "IMMIGRATION DIRECTORATE INSTRUCTIONS" looks like I am eligible for ILR. Keep me posted, if you can find anything favorable for me.

Thanks a lot.

sarath1212 · Post by **sarath1212** » Tue Jun 28, 2011 3:17 pm

tshan wrote:Thanks to all your reply especially "sushdmehta" comments which boosted me up...

I contacted a solicitor and my company to clarify couple of things.

Question to Solicitor
1. Am I eligible for ILR with the above said category -
ANS : He says I am eligible(solicitor fees - Â£850 + VAT).

Question to my company
1. What type of work permit was progressed since Aug 2006 -
ANS : It was work permit (Intra company transfer).

So, from the above two points, and from the section 7 of the document "IMMIGRATION DIRECTORATE INSTRUCTIONS" looks like I am eligible for ILR. Keep me posted, if you can find anything favorable for me.

Thanks a lot.

Can you pls PM me which solicitor you have contacted?

pkumar · Post by **pkumar** » Tue Jun 28, 2011 8:27 pm

I really want to know what do Solicitor do if you have all documents in place?
I mean how do they make your case stronger .. i guess only by asking you to submit more paper ... do they also send some thing extra? or talk to immigration folks? ...

Just wondering how they make difference for a person who might have say stayed over 90 days in one go ..... any example?

tshan · Post by **tshan** » Wed Jul 13, 2011 6:03 pm

Hi,

I just spoke to my solicitor and he said, there is no need of presence of the applicant for ILR applicaiton and he has his own appointments and all he need is, original documents and signature in the SET(O) form.
And he takes care of verification of all documents, submission and getting the ILR.
So this is the advantage of going through the Solicitor.

cool_zero · Post by **cool_zero** » Thu Jul 14, 2011 4:23 pm

Hello,

I came here in September 2010 under Tier 2 (ICT) but recently switched to Tier 1 (General). Now while applying for settlement, my stay from September 2010 till June 2011 (because my biometric card states the date as 4th July 2011) will not be counted under 5 years of residency requirement. Is my understanding correct??

Thanks

baaku · Post by **baaku** » Fri Jul 15, 2011 12:28 am

Hi,

I need your attention and support please.

I am also going to apply for ILR.
My case is:
1- Currently, I am on Tier1 General Visa (since April 2008)
2-Before that I was working on work permit--> Actually, i was doing conract job
When I was working with work permit then I did not have any contract job for 4-5 months.
Will it create any problem for ILR application?

Thankful for your advise. I am really bit tense.

Thanks,
Baaku

sarath1212 · Post by **sarath1212** » Mon Sep 19, 2011 3:55 pm

tshan wrote:Hi,
I came to UK under work permit in the year 2006 on 26/08/2006. Regularly my company have extended my "work permit - leave to remain" until 31/12/2010.

In Jan 2011(05/01/2011), my company have extended my leave to remain from "work permit - leave to remain" to "ICT(Intra company transfer-Established Staff category)" until 09/11/2012.

On 26th August 2011, I will be completing 5 years continuous stay in UK with mix of both "work permit - leave to remain" and "ICT(Intra company transfer-Established staff)".

My question is
"Am I eligible to apply for settlement in UK with above criteria"?

Hi TSHAN,

Please can you let me know the status of ILR application?

Thanks

tshan · Post by **tshan** » Tue Oct 04, 2011 9:43 pm

Hi All,
I have been told by my solicitor that my ILR is approved today. He will be sending the passports tomorrow. Thanks to everyone for your advice, help and support.

Advance wishes for those who are yet to apply.

Thanks
Tshan.

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Combination of Workpermit and ICT for ILR

Combination of Workpermit and ICT for ILR

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No need of any applicant to be present

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