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ILR continuous period rule under Tier2 ICT/Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Agastya80
Member
Posts: 152
Joined: Tue Mar 22, 2011 11:00 pm

ILR continuous period rule under Tier2 ICT/Tier 2 General

Post by Agastya80 » Wed Jan 25, 2012 4:55 pm

Hi, I’ve got a query related to ILR and will be thankful for your time and responses. I am currently on Tier 2 ICT and preparing my application for Tier 2 General with a new employer. I entered UK in May2009 and have been extending my visa since then. I did apply for visa extensions well before the visa expiry date every time, but since biometrics were taken either closer to the expiry date or after the visa expiry date and as a result the start date on my last 3 ICFNs is after the expiry date of previous ICFN. There is a gap of few days between last visa expiry and next visa start on ICFNs, as you can see from the dates below -
Entry clearance visa sticker on passport - 22/04/2009 – 21/05/2010
ICFN – leave to remain - 02/05/2010 – 11/10/2010
ICFN – leave to remain - 23/10/2010 – 10/04/2011
ICFN – leave to remain - 11/04/2011 – 10/07/2011
ICFN – leave to remain - 22/07/2011 – 10/07/2013
As currenlty I’m preparing my application for Tier 2 General and if my application is successful and ILR rules of that time doesn’t prevent me from applying ILR, I intend to apply for ILR in 2014 (I know its way too far and lots of ifs…...anyways)…. My question is that when calculating continuous period for ILR, is there going to be any problem for me because of the dates gap on my previous ICFNs? Please could you share your thoughts or if you have been in a similar situation?
Much appriciate your time.
Thanks!

Antolarain1981
Newbie
Posts: 45
Joined: Wed Feb 09, 2011 2:46 pm
Location: UK
United Kingdom

Post by Antolarain1981 » Mon Oct 08, 2012 5:21 pm

Hello,

Have you got any reply for your question.

does the from date you have mentioned is issue date of visa

Thanks,

Agastya80
Member
Posts: 152
Joined: Tue Mar 22, 2011 11:00 pm

Post by Agastya80 » Mon Oct 08, 2012 10:32 pm

Hi Antolarain1981

Thanks for your reply....I didn't get any reply on my query..from date mentioned are visa issue dates..
Thanks!

Antolarain1981
Newbie
Posts: 45
Joined: Wed Feb 09, 2011 2:46 pm
Location: UK
United Kingdom

Post by Antolarain1981 » Tue Oct 09, 2012 12:34 pm

Hi Agastya80,

My issue is close to your case. The issue date doesnt correspond to visa start date.

The only thing you want to make sure is whether you have made application before the visa end date of current visa and there is no rejection of visa at any point

I can see that the end date and month of your visa is consistent hence cant see any issue here

This is my observaton, It would be great if any expert can reply...

Agastya80
Member
Posts: 152
Joined: Tue Mar 22, 2011 11:00 pm

Post by Agastya80 » Tue Oct 09, 2012 10:40 pm

Antolarain1981 wrote:Hi Agastya80,

My issue is close to your case. The issue date doesnt correspond to visa start date.

The only thing you want to make sure is whether you have made application before the visa end date of current visa and there is no rejection of visa at any point

I can see that the end date and month of your visa is consistent hence cant see any issue here

This is my observaton, It would be great if any expert can reply...
Hi Antolarain1981

Thanks for your reply. I always applied before visa end date but due to UKBA's turn around time date on visa is few days after but always in the same month.
I hope experts will comment on this.
Thanks!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Oct 10, 2012 8:30 am

The start date of the leave is always the UKBA decision date (they don't backdate visas) but this doesn't mean that the gap between the old visa expiry date and the start date of the new visa has any bearing on continuity of residence, and therefore ILR, provided the extension applications have been made in-time.

Agastya80
Member
Posts: 152
Joined: Tue Mar 22, 2011 11:00 pm

Post by Agastya80 » Wed Oct 10, 2012 10:40 pm

At last...thanks for your expert comments, Manci. There is a ray of hope now..
Thanks!

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