ILR condition of 5 years and Tier 2 ICT gap

[nhs]

Dear Gurus & Experts of this wonderful forum,

Desperately looking for your advise and help for my unique case and eligibility issue for ILR while on tier 2 ICT.

Case-

1- I came UK on tier 2 ICT in May 2009 from India and stayed here till Jan 2012 while my visa and CoS was still valid till 31st March 2012. I went back as project was ended and for new client/project which was UK based I have to work with offshore team. However my assignment was ended.

2- During Feb 2012 my new CoS was raised starting from 1st Apr 2012 and I travelled back to UK on 1st Apr2012 on new visa and CoS applied from India. Technically no gap in visa but around 80 days gap from UK.
3- Expected to stay in UK till end of 2014, where my 5 years UK stay would complete counting from May 2009.

Any posibility to get my ILR approve if I apply in May 2014 for that? I know rules are dynamic and changed very often but what would happen keeping current immigration rules in mind?
How my break period would count? Will it comes under continous stay or April 2012 entry would be consider as fresh entry?

Just for info that I have worked in UK on old long Workpermits from Sep-Dec2006, June 2007 to Sept2008, which was valid till March 2009. U

Hoping great help from all of you to plan my various things in life and if eligible then can start preparing for ILR application in advance.

Best wishes and many thanks in advance.
N

[nhs]

65 views but no reply, dear friends pls help..

[ban.s]

you should be fine for ILR in 2014.
however you'll need letter from your employer in support to your application justifying the absence in the UK.

[nhs]

Many thanks for reply, kindly suggest any specific format of letter is required? What is appropriate content to justify my absence?

Thanks in advance...

you should be fine for ILR in 2014.
however you'll need letter from your employer in support to your application justifying the absence in the UK.

[ravib_10]

Hi,

As per my understanding, you are not eligible for ILR in 2014.

Reason.
1. Whenever company's send us back to india, its UKBA rule to get visa cancelled in next 30days. So, Although there is no gap in visa in your passport, there is a gap in visa.
Please confirm with your company if this they got your cancelled or not?

2. When you came back again in APRIL, what was your visa type.
If it is ENTRLY CLEARENCE (check your passport), then your teneure will start from this date only, but if it is RESIDENCE, then your previous tenure will also be counted and you will be eligible in 2014.

Sorry, if I disappointed your.

[nhs]

Hi,

Thanks for replying, my answers below in bold...

1. Whenever company's send us back to india, its UKBA rule to get visa cancelled in next 30days. So, Although there is no gap in visa in your passport, there is a gap in visa.
Please confirm with your company if this they got your cancelled or not?

-->> Yes my Certificate of Sponsorship was cancelled.. So I think visa was also.
2. When you came back again in APRIL, what was your visa type.
If it is ENTRLY CLEARENCE (check your passport), then your teneure will start from this date only, but if it is RESIDENCE, then your previous tenure will also be counted and you will be eligible in 2014.

-->> In April 2012 the new visa was issued from India says ICT tier 2.

Hi,

As per my understanding, you are not eligible for ILR in 2014.

What is correct process say, stay in UK for 5 years with gap say 80 days would also work for me in eligibility?

Reason.
1. Whenever company's send us back to india, its UKBA rule to get visa cancelled in next 30days. So, Although there is no gap in visa in your passport, there is a gap in visa.
Please confirm with your company if this they got your cancelled or not?

2. When you came back again in APRIL, what was your visa type.
If it is ENTRLY CLEARENCE (check your passport), then your teneure will start from this date only, but if it is RESIDENCE, then your previous tenure will also be counted and you will be eligible in 2014.

Sorry, if I disappointed your.

[rlpkamath]

Please check very carefully as to whether you are even entitled to apply for ILR. I suspect your visa issued in 2012 will be viewed as brand new and not an extension of your previous stays. And under the new rules, ICTs are not entitled to apply for settlement.

[nhs]

Hi all,

Many thanks for reply. Kindly advise where I can get correct answer for my eligibility? UK stay period is going to be 5 years with 80 days gap in this case

[cs95tdg]

Kindly advise where I can get correct answer for my eligibility? UK stay period is going to be 5 years with 80 days gap in this case

If you were granted new EC as a Tier 2 ICT Migrant in 2012, then you will not be eligible to apply for ILR as a T2 ICT Migrant. See immigration rules:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245GF. Requirements for indefinite leave to remain
(c) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (Intra-Company Transfer) Migrant, in any combination of the following categories:
(i) as a Tier 2 (Intra-Company Transfer) Migrant,
(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

[DesiBoys]

See the following case which had two EC and was still granted ILR

http://www.immigrationboards.com/viewtopic.php?t=117518

So that should not be an issue but the rules on ICTs being eligible for ILR now might be an issue as suggested above.

Can others comment on having two EC scenario please?

[cs95tdg]

See the following case which had two EC and was still granted ILR

http://www.immigrationboards.com/viewtopic.php?t=117518

So that should not be an issue but the rules on ICTs being eligible for ILR now might be an issue as suggested above.

Can others comment on having two EC scenario please?

The problem here isn't the fact that the OP here had two EC's. It's the fact that the second T2 ICT EC was granted in 2012, i.e. after 6 April 2010 quoted in the rules & therefore no longer eligible to apply for Settlement under that immigration category.

Additionally the applicant in the topic you have referred to here applied for his second EC before 6 April 2010, so the issue stated here would never have applied to him.

Breaks in continuous residence due to long absences and multiple EC's is a different topic and not relavent in this scenario as the OP here would not be eligible for ILR under his current immigration category to begin with.

[nhs]

Dear all,

Many thanks for your help and time.

However, I understand there is gap of only 80 days in residency but I entered UK on new visa in 2012 so my residency period got reset and that fall under new rules which applies from 6 Apr 2010. I have to travel back because of new UK assignments demand me to work from offshore and my previous CoS/Visa got cancelled because I was not working in UK.

What do you suggest? should I sit back and chill out or take chance? Any work around from your intensive experience in this matter would be most helpful...

[cs95tdg]

However, I understand there is gap of only 80 days in residency but I entered UK on new visa in 2012 so my residency period got reset and that fall under new rules which applies from 6 Apr 2010. I have to travel back because of new UK assignments demand me to work from offshore and my previous CoS/Visa got cancelled because I was not working in UK.

What do you suggest? should I sit back and chill out or take chance? Any work around from your intensive experience in this matter would be most helpful...

Just to make sure you have understood the explanation given before, the problem you have is not because of the 80 day gap. It's because you subsequently entered the UK on a new EC under a T2 immigration category (T2 ICT - under rules after 6th April 2010) that no longer leads to settlement.

If your intention is to settle in the UK, then you would either need to switch to a immigration category that allows this or consider the 10 year long residence route, when the time comes.

It may be worth raising a SAR (Subject Access Request) to make sure you understand your complete immigration history before making a final decision.

[nhs]

Thanks Dear,

What is SAR? Where I can raise it. Grateful for your help.

However, I understand there is gap of only 80 days in residency but I entered UK on new visa in 2012 so my residency period got reset and that fall under new rules which applies from 6 Apr 2010. I have to travel back because of new UK assignments demand me to work from offshore and my previous CoS/Visa got cancelled because I was not working in UK.

What do you suggest? should I sit back and chill out or take chance? Any work around from your intensive experience in this matter would be most helpful...

Just to make sure you have understood the explanation given before, the problem you have is not because of the 80 day gap. It's because you subsequently entered the UK on a new EC under a T2 immigration category (T2 ICT - under rules after 6th April 2010) that no longer leads to settlement.

If your intention is to settle in the UK, then you would either need to switch to a immigration category that allows this or consider the 10 year long residence route, when the time comes.

It may be worth raising a SAR (Subject Access Request) to make sure you understand your complete immigration history before making a final decision.

[ilrcandidate]

Hi NHS, just wondering whether you applied for ILR in this month?

[susan0x]

Hi NHS, Please post your progress and let us know your status.