Tier 2 ICT Settlement

[Rishi141]

Hi,

I came to UK on 2nd December 2007 as a Work Permit Holder for an Indian Company.

Renewed my visa in November 2008 again as a WP holder for 2 years for the same company.
Renewed my visa again in 2010 as ICT for the same company.(under long term established staff category)
Renewed my visa again in 2011 as ICT for the same company.This visa is due to expire in Dec 2012.(under long term established staff category)

I am paid above 40K for past 2 years or so..

Now since I will complete 5 years in UK in December; I am eligible to apply for ILR in November (28 days before). Now the issue is my company has stated that according to their policy they will not issue any letter for Indefinite leave to remain.

My question:
1. Can I do without company certificate.. (I read that this is a mandatory requirement but just like to confirm)
2. What are my options if I would like to stay in UK and still apply for ILR?
(Change sponser?? If yes Tier 2 General categaroy ? )

Please reply at the earliest[/list]

[manci]

Now the issue is my company has stated that according to their policy they will not issue any letter for Indefinite leave to remain.

My question:
1. Can I do without company certificate.. (I read that this is a mandatory requirement but just like to confirm)
2. What are my options if I would like to stay in UK and still apply for ILR?
(Change sponser?? If yes Tier 2 General categaroy ? )

It would be mandatory for your current sponsor to certify that:
a) they still require you for the employment you are in, and
b) you are paid at or above the appropriate rate for the job as stated in the codes of practice

There is no time commitment for your continuing employment but could the reason for your sponsor's reluctance to provide the required letter be that you are not being paid the "appropriate rate"? If you know your SOC code you can check this here:
http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

Provided you cannot get the required written confirmation from your current sponsor you could switch in-country to Tier 2 General if you find another sponsor. If you go down this road check that the prospective employer does have a T2G sponsor licence because getting a new licence currently takes 4-5 months and your leave expires in December 2012. Also note that the requirements for Tier 2 General are more onerous than those for your current ICT employment (e.g. Resident Labour Market Test, NQF level 6 job, salary etc.):
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[Rishi141]

Thanks for the reply first of all.

I am a software professional working as a Analyst Programmer. (I think SOC Code will be 2132).I am being paid around 41K Per annum from past 2 years.

The reason for my company to not give me letter seems reasonably as they fear that once ILR is granted to me I would be less likely to stay with the company. If they dont allow me taking ILR ( by not giving letter) they can ensure that I stick with them until I am here in UK.

Though company has mentioned that they wont give letter for indefinite letter to remain they say that I can get the T2 ICT Visa extended which means that they want me in work further. ( Usually on T2 ICT visa extension they provide a letter too stating that I am being paid that much and i am employed with them from Dec 2007).

My question:-
1. What is the difference between letter for normal visa extension and ILR visa Extension?
( I have checked my previous letters for normal T2 ICT Visa Extension which states that company pays me 41K amount plus I have been working with them from Dec 2007 along with my current address.)
Since they want me to extend T2 ICT further it means
i) They want me in work still.
ii) They state that i have been working for past 5 years plus being paid at 41K per annum.

Can I use the same letter for ILR without telling the company???

2. Legally is it possible for company to stop me even though they indirectly want me to work further ( by getting my T2 visa extended) and pay me well above the rate?

Please suggest.

[manci]

For an ILR application there is no way of avoiding getting confirmation from the current sponsor that:

a) they still require you for the employment you are in, and
b) you are paid at or above the appropriate rate for the job as stated in the codes of practice

This applies for ILR applications irrespective whether one’s last leave was T2 ICT or T2G. You can see this requirement in the Immigration Rules - para 245GF(e) for ICT and para 245HF(d) for T2G.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

If when assigning the new CoS they give you a letter which just confirms a) and b) above, which may be difficult to arrange since they are aware that you wish to obtain ILR and are no doubt familiar with the requirements, then you can apply for ILR.

Provided they want to keep you, one way of inducing them to give you the letter needed for ILR would be to obtain a job offer from another (T2G) employer/sponsor and present it to them. However, the risk is that they may then not assign a new CoS for your extension any you'll only have till December to either accept the job offer or look for another job in the T2G category.

Or, you may wish to wait until you have the extension of your current leave and then look for another job without the time constraint. Note that you don’t have to wait until expiry of your current leave, a new CoS can be assigned to you at any time and the new leave will commence from the work start date given in the CoS

you can check whether your salary is at or above the minimum rate here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The salaries are based on 37.5 p.w. and for different hours they have to be prorated.

[cutipd]

One more follow up question as I think I am also in the same boat. Suppose you get a sponsor for Tier 2 general and join a new company how much sooner can you apply for an ILR?

[cutipd]

One more follow up question as I think I am also in the same boat. Suppose you get a sponsor for Tier 2 general and join a new company how much sooner can you apply for an ILR?

[manci]

One more follow up question as I think I am also in the same boat. Suppose you get a sponsor for Tier 2 general and join a new company how much sooner can you apply for an ILR?

It makes no difference. Time under T2 ICT (if first granted under the rules before 6 April 2010) and T2G are aggregated and have to add up to 5 years continuous and lawful residence.

[Rishi141]

It makes no difference. Time under T2 ICT (if first granted under the rules before 6 April 2010) and T2G are aggregated and have to add up to 5 years continuous and lawful residence.

What do you mean by it???
But i was a WP holder in 2010 but became a T2 ICT long term staff in November 2010 only. Would the above rule still apply?

[cutipd]

Correct me if I am wrong. Suppose I complete my 5 years of continuous and lawful stay in UK under Tier2 ICT granted before 6th April 2010 but as my company is not ready to give me letter required for settlement, I decide to join a new company under Tier2 General and on first day I can get letter from my new employer and apply for settlement.

[manci]

It makes no difference. Time under T2 ICT (if first granted under the rules before 6 April 2010) and T2G are aggregated and have to add up to 5 years continuous and lawful residence.

What do you mean by it???
But i was a WP holder in 2010 but became a T2 ICT long term staff in November 2010 only. Would the above rule still apply?

The question, not by you but someone else (cutipd) was whether merely switching to T2G would expedite ILR. The answer was no.
In your case time under work permit , T2 ICT and T2G (if you decide to switch) will be aggregated for calculating the continuous 5 year period of lawful residence but you can only apply for ILR if your sponsor/employer at the time of the application certifies a) and b) - see above.

[Rishi141]

Thanks manci for the reply.

So repeating the question of cutipd

Suppose I complete my 5 years of continuous and lawful stay in UK under Tier2 ICT granted before 6th April 2010 but as my company is not ready to give me letter required for settlement, I decide to join a new company under Tier2 General (Apply for a T2 General Visa Extension)
and then I can get letter from my new employer and apply for settlement.

Can I do that?

[manci]

Suppose I complete my 5 years of continuous and lawful stay in UK under Tier2 ICT granted before 6th April 2010 but as my company is not ready to give me letter required for settlement, I decide to join a new company under Tier2 General (Apply for a T2 General Visa Extension)
and then I can get letter from my new employer and apply for settlement.
Can I do that?

yes

In your case time under work permit , T2 ICT and T2G (if you decide to switch) will be aggregated for calculating the continuous 5 year period of lawful residence but you can only apply for ILR if your sponsor/employer at the time of the application certifies a) and b) - see above.

[Rishi141]

Can I put a case against my current employer in November reg. this issue where he requires me in the job ( as he will give me letter for new CoS) but not giving me letter for ILR even though I have completely 5 years.

I have the email from HR stating that they can renew my visa but according to company policy they will not give any letter for indefinite leave to remain.

[Rishi141]

Sorry for posting this late but now to renew my ICT my employer has given me the below letter

Could i use the same letter for filing ILR now ?

======================================================
Dear Sir / Madam,

Further Leave to Remain for – [MY NAME] (Applicant)
CoS Number: XXXXXX; Passport No: XXXXX & Date of Birth: XXXXXXX

I am writing on behalf of [COMPANY NAME] (Sponsor Number: XXXXXX) regarding
the Applicant, who is currently in the UK as Tier 2 ICT Visa Category. He has been employed with us
since 2nd December 2007 on a permanent continuous basis.

The applicant job duties as they currently stand is that of the role of an Analyst Programmer.

His current earnings in respect of this employment are:–
Total Salary Package p.a. £43,062/-
Variable Pay p.a.: £435/-
Benefits -Healthcare p.a.: £720/-

We confirm that the Applicant is continuing in the same role for which his Certificate of Sponsorship
Tier-2 ICT Visa was issued. We also confirm that, we have reviewed the Codes of Practice and
confirm that Code 2132 Software Professionals is the best suited to the role, based on the duties and
responsibilities detailed in the Code.

We further confirm that the salary being paid to the Applicant exceeds the minimum remuneration
threshold stated in the Code.

We confirm that [COMPANY NAME] is an “A” rated sponsor and confirm that we will
maintain and accommodate him and his dependants should the need arise.

Please feel free to contact me at XXX or at YYYYYYY should you
require any further information.
=======================================================

[geriatrix]

Further Leave to Remain for – [MY NAME] (Applicant)
CoS Number: XXXXXX; Passport No: XXXXX & Date of Birth: XXXXXXX

Therefore, no (amongst more than one reason).

Unless your application is assessed by a nutcase caseworker who misses noting crucial facts.

[Rishi141]

Thanks for the reply.

Is there some way i can force my current employer to give me this letter. ( Legal Case ? ).

Since i have spent legally 5 years in UK and my current employer is extending my visa. Isn't this the proof that my employer wants me on the job here in UK and is paying me at a good rate?

Regards
Rishi