Extension of Tier 2 ICT beyond 5 years

robbyuk · Post by **robbyuk** » Tue Mar 19, 2013 12:59 pm

Hi All,

In a strange turn of events, I have been told by my company that I am not eligible to get my Tier 2 ICT extended beyond 5 years, however, based on my understanding of the rules, as I came to the UK before the rules change in April 2010, I should be eligible for extension beyond 5 years.

Following is my immigration history:

Visa type -------- Date of Application ------ Valid Till
------------------------------------------------------------------
Work Permit ------ 16-Oct-08 --------------- 23-Jul-10
Tier 2 ICT --------- 3-Jun-10 --------------- 13-Aug-11
Tier 2 ICT --------- 17-Jun-11 --------------- 13-Apr-12
Tier 2 ICT --------- 23-Jan-12 --------------- 14-Jan-13
Tier 2 ICT --------- 14-Dec-12 --------------- 14-Jul-13

All the above categories were under the same company and even my work permit was the subject of intra-company transfer.

Can someone please confirm if I am eligible for extending my Tier 2 ICT beyond 5 years or not?

Thanks in advance!
Robby

new191 · Post by **new191** » Tue Mar 19, 2013 3:05 pm

I think you are eligible for ILR .. did you check on this?

robbyuk · Post by **robbyuk** » Tue Mar 19, 2013 3:10 pm

I know I am eligible for ILR, but, as my current visa (leave) is expiring in July, there is an extension process that has been initiated for me. My company is saying they will not be extending it beyond 5 years because I am not eligible.

Actually, if I get extended in my current visa category (Tier 2 ICT) for the next 18 months or so, I can show the CoS letter as a proof for my ILR as well.

Can someone confirm if I am eligible for extending the Tier 2 ICT visa beyond 5 years please?

new191 · Post by **new191** » Tue Mar 19, 2013 3:14 pm

Yes , I think you are eligible.

Because I came uk on july 2009 under tier 2 (ICT) (3yrs visa) and i applied for extension on june 2012 for another 3 yrs till july 2015. Intotal 6years

Based on this I think it is possbile.

robbyuk · Post by **robbyuk** » Tue Mar 19, 2013 3:20 pm

I know, but, I need to provie it now in front of them. Is there anything mentioned under the UKBA guidelines which I can show to my company?

Post by **ban.s** » Tue Mar 19, 2013 11:19 pm

245GE Period and conditions of grant

have you checked whether your employer is genuinely interested in extending your T2 and thus allowing your ILR, or they are just hiding behind reasons? It's unlikely that a company that applied and extended your leave for 5 times is not aware of the rules.

robbyuk · Post by **robbyuk** » Tue Mar 19, 2013 11:34 pm

Many thanks Ban.S - I was actually looking for this kind of detail so that I could send it to my company's concerned people.

I went through the text under 245GE, but, could not pin point the exact sub point which will be valid for me.

Can you help me by telling which sub-point under the rule will imply that I can apply for ICT extension for beyond 5 years please?

Thanks in advance!
Robby

Post by **ban.s** » Wed Mar 20, 2013 12:04 am

check if 245GE section (c) is applicable for you.

robbyuk · Post by **robbyuk** » Wed Mar 20, 2013 12:13 am

But, where does it say that I can be extended beyond 5 years on Tier 2 ICT ?

Post by **ban.s** » Wed Mar 20, 2013 12:21 am

it doesn't because there is no such restriction.

however, if you read section (i) you'll find 5 years limit for people who don't fall to (c)-(h) categories.

robbyuk · Post by **robbyuk** » Mon Mar 25, 2013 1:06 pm

Hi All,

I have talked to my company officials and this is what they have mentioned in their response:

"As per the Tier2 Guidance document available on "http://www.ukba.homeoffice.gov.uk/visas ... tier2/ict/", following is the rule for extending your stay in the UK under Tier 2 ICT:

Applications for Leave To Remain

27. If you are already in the UK and were initially granted leave in one of the categories listed below:

• Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6 April 2011,
Tier 2 Policy Guidance (Version 12/2012) - Page 8 of 59
• Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010,
• Intra-Company Transfer work permit holder (except multiple entry work permits),
• Representative of an Overseas Business (this includes representatives of overseas media companies)
AND
• You have not since been granted leave to remain, entry clearance or leave to enter in any other route;

you can apply to extend your stay in the Long Term Staff sub-category and can extend your stay beyond 5 years."

They are saying that I do not fulfill the second condition ( You have not since been granted leave to remain, entry clearance or leave to enter in any other route). This is because, I was granted Leaves to remain after the rules change in April' 2011.

I am totally clueless - don't know what to reply to them now. I think it is something to do with the interpretation of the conditions mentioned above and they have interpreted it in a different way. Based on what they are saying, I cannot extend my ICT beyond 5 years. Can anyone help please?

Post by **manci** » Mon Mar 25, 2013 4:12 pm

Your HR is wrong. In the sentence:
You have not since been granted leave to remain, entry clearance or leave to enter in any other route
"any other route" means a route other than Tier 2 ICT.

Assuming that your T2 ICT leaves were in the Established Staff and Long Term Staff categories your leave can be extended beyond 5 years.

If your employer wants to continue employing you and has doubts about whether you are eligible for an extension ask them to call the UKBA employer helpline on 0300 123 4699 who will confirm your eligibility.

robbyuk · Post by **robbyuk** » Tue Mar 26, 2013 7:56 am

Thanks a lot, Manci. I'll now give them the number and ask them to ascertain the eligibility.

Thanks again !!!

cutipd · Post by **cutipd** » Tue Mar 26, 2013 3:38 pm

I am also 100% sure about your visa extension beyond 5 years because recently my husband got Tier 2 ICT visa for next 2 years which takes his total stay for more than 5 years and he has also extended multiple times and initially came on work permit.

robbyuk · Post by **robbyuk** » Tue Mar 26, 2013 3:47 pm

Hi Cutipd,

Thanks for your note! Did your husband get a visa extension between April 2010 & April 2011 ?

ss1976 · Post by **ss1976** » Wed Mar 27, 2013 10:35 pm

Hi Robby - Let me put it this way.. I have not read any rule in UKBA which states that Tier 2 extension cannot be done beyond 5 years. My company has extended my visa now for 2 years and this takes me beyond 5 years.

robbyuk · Post by **robbyuk** » Wed Mar 27, 2013 11:53 pm

Hi friends,

I spoke to my company again. They are not really taking anything on their own it seems. They told me that they have been told by their seniors that it is not allowed by UKBA to get a Tier 2 ICT CoS beyond 5 years.

However, after I explained them the situation, they somehow now understand that I might get extended but they want this confirmation that I am eligible for getting a CoS beyond 5 years in writing from UKBA.

I checked and found out an email address ---> "SettlementOpsPolicy@homeoffice.gsi.gov.uk" and emailed them my query, however, I got an auto response stating that "Due to a restructuring of work this mailbox has now been closed for queries from outside of UKBA" and gave a phone number (0870 606 7766) where I should call and ask my query.

Then I tried calling this number but I only hear IVR message and later the call gets disconnected.

Now, eventually, I am still in a situation of dismay. Can anyone of you know of:

1) A UKBA email address which is active and they respond to queries and/or
2) Details of any representative / Visa agent who can help me in contacting UKBA and get me this clarification in writing

This is my last resort & I desperately need this in order to show it to my company so that they can get my CoS issued.

Please help.
Thanks in advance!

Post by **manci** » Thu Mar 28, 2013 7:33 am

you and/or your company (provided they genuinely want to continue employing you and are not just looking for excuses) don't need to contact anybody, just refer to the Immigration Rules which is the law:

245GE (c) and (d)

where your eligibility for an extension is clearly spelt out.

for where the 5 year limit on extensions applies see 245GE (i) which is not your case

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

robbyuk · Post by **robbyuk** » Thu Mar 28, 2013 9:27 am

Manci,

Thanks again. I have sent this again to them now. They are considering it now, it seems. They told me they'll speak to their seniors and let me know the outcome.

Just one more question on this...

As I'll be eligible for ILR this December, there is a requirement from UKBA that they need a letter from the employer stating that the still need me in the same job, so:

1) For how many years/months does the UKBA need this confirmation in the letter from the employer?

2) If my company gives me a CoS that covers me for 1 year after I become eligible for ILR, will this CoS be enough and can it act as the letter from employer or does it necessarily have to be a separate letter only?

Post by **manci** » Thu Mar 28, 2013 9:40 am

robbyuk wrote:Manci,

Thanks again. I have sent this again to them now. They are considering it now, it seems. They told me they'll speak to their seniors and let me know the outcome.

Just one more question on this...

As I'll be eligible for ILR this December, there is a requirement from UKBA that they need a letter from the employer stating that the still need me in the same job, so:

1) For how many years/months does the UKBA need this confirmation in the etter from the employer? no time needs to be stated, read 245GF(e)

2) If my company gives me a CoS that covers me for 1 year after I become eligible for ILR, will this CoS be enough and can it act as the letter from employer or does it necessarily have to be a separate letter only? the CoS is not a replacement for the letter

robbyuk · Post by **robbyuk** » Thu Mar 28, 2013 10:01 am

Thanks Manci.

Does the letter also need to state that "the company does not have any objection for me to apply for ILR" ? Is it mandated? I received the below format from someone for the letter - is it all necessary?

"{ dd/mm/yyy }

To
Public Enquiry Office-Croydon
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

Dear Sir / Madam,

Re: Mr/Mrs { Full Name } {Address}

This is to confirm that Mr/Mrs { Full Name } is working with us under Tier 2 Arrangements as a {Designation } since {DD/YYYY} on fulltime and permanent basis. This is an ongoing employment with great promotional prospect and future. He works { XX } Hours per week and His/Her Current Annual Salary is GBP XXXXXX. This is at or above the appropriate rate as per SOC Code XXXXXX as set out in the Tier 2 codes of practice

During this employment with our company, we found him/her hardworking, trustworthy and reliable. We understand you require the above information to assist his/her application for indefinite stay.

Inline with our normal practice, this letter is given in a good faith without any liability on the part of this firm or the writer of this letter. If you need any more information, please do not hesitate to contact us.

Yours faithfully

Mr { Name }
{ Position }"

Post by **manci** » Thu Mar 28, 2013 10:35 am

245GF(e)

Ashu007 · Post by **Ashu007** » Mon Apr 22, 2013 12:55 pm

Hello, are you going ahead with the visa extension?
My husband will be of the same case as we have stayed here for 3 years and are going for an extension now for 1.8 years. Will his visa be extended beyond that or not is a question for us. He works for TCS. Let me know what happened in your case.
Thanks

Ishwarch · Post by **Ishwarch** » Mon Apr 22, 2013 2:17 pm

You should be able to extend your visa until 2-Jun-15.

I came to UK on WP in Nov 2007 and kept on extending my visa and now I have my visa until Jan 2014 (WP + 5 years under ICT). I am still be able to extend my visa for 1 more year.

whatever time you spent on WP will not be counted for 5 years period.
ICT counts for 5 years (3+2 years) + 1 years long term staff (but not sure your company will encourage for 6th year).

Hope I clarified your doubt.

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Extension of Tier 2 ICT beyond 5 years

Extension of Tier 2 ICT beyond 5 years