Tier2 (ICT) to ILR & Extension query

[mukesh_bhatt9]

Hi Sushena

I got Tier 2 ICT - Established Staff Visa issued from 08-Oct-10 to 21-Oct-10. I got the extension in Sep-12 for 3 years which will expire on 04-Nov-15.

My law firm account manager confirmed me that I can renew my VISA for unlimited times and also apply for ILR in 2020.

So I think you are in similar category and should be eligible for ILR.

Hope this helps?

Regards

Mukesh

Hi - wanted some help in understanding the ICT & ILR requirements

Tier 2 (ICT) - Long term
Visa issues - Oct '2010 (3 Yrs)
Visa will be renewed for 2 yrs (Oct 2015)

1) Is extention possible beyond 2015?
2) If possible - what would be the period that it would be renewed for?
3) ILR - currently as i read the regulations - tier 2(ICT) is no longer eligible for this?
4) Is switching allowed in my case?
5) Is switching allowed with me remaining with the same employer (i have been with the same employer for 13 years in various locations)

I have read the regulation multiple times and it confuses me everytime, please help.

Regards,
Sushena

[sushena]

Hi Mukesh,

Thanks for the response - it really helps.

I have been told something similar - that renewal is possible but ILR is not.

Would it be possible to share as to which law firm you used, so that i could get a review done for my specific case once again to get some sanity to my investigation.

My email address is sushenam@yahoo.com

Regards,
Sushena

[chandurl]

Hi Sushena

I got Tier 2 ICT - Established Staff Visa issued from 08-Oct-10 to 21-Oct-10. I got the extension in Sep-12 for 3 years which will expire on 04-Nov-15.

My law firm account manager confirmed me that I can renew my VISA for unlimited times and also apply for ILR in 2020.

So I think you are in similar category and should be eligible for ILR.

Hope this helps?

Regards

Mukesh

Hi - wanted some help in understanding the ICT & ILR requirements

Tier 2 (ICT) - Long term
Visa issues - Oct '2010 (3 Yrs)
Visa will be renewed for 2 yrs (Oct 2015)

1) Is extention possible beyond 2015?
2) If possible - what would be the period that it would be renewed for?
3) ILR - currently as i read the regulations - tier 2(ICT) is no longer eligible for this?
4) Is switching allowed in my case?
5) Is switching allowed with me remaining with the same employer (i have been with the same employer for 13 years in various locations)

I have read the regulation multiple times and it confuses me everytime, please help.

Regards,
Sushena

Hi Mukesh,

I am in similar situation like you - is it possible for you to mail me your contact details on chandurl@yahoo.com

Thanks for all the help.

Regards,
Chandur

[merababa]

Hi Manci,

I've read the thread and got answers to couple of my questions but here's my situation:

I am in the UK and have been on the following visas (no change in employer)

I have my visa Stamped Tier 2 (INT COM TRAN) MIGRANT on Date 14-Sep-209 valid until Sep-2011 and applied for extension and got two exentions as below in UK

2> Tier 2 – ICT Long term ( Sep 2011 to Mar 2013) - Second Extension
3> Tier 2 – ICT Long term ( May 2013 to 09-Sept-2014) - Current

I've entered in uk first time On 20-Oct-2009.


Can you please advise me on below questions


1) I will be completing 5 Years in OCT 2014, What will be the latest date where I will be eligible to apply for ILR in 2014?

2) Which date will be considered for applying for ILR, my first Visa issue Date or first entered date in UK?


3) Since my Visa is going to expriy on 09-Sept-2014 and short fall of one month from first entry into UK (OCT 2009), So do I need to apply for one more time for visa extension before completing 5 Years?


4) My sponsor is having trouble extending me due to internal policies. So do I have any option to get my visa extended (by changing visa sub-category or changing sponsor) to complete 5 yrs and apply for PR?


Many Thanks in advance.


Thanks & Regards
Shivbaba

[manci]

Merababa

you must apply before 9 Sept 2014 and the earliest you can apply is 28 days before 14 Sept 2014.

see p.21:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

You can change sponsor but your sponsor at the time of your application must certify in writing that they require you for the employment in question and that you are paid at least the minimum according to the codes of practice.

[merababa]

Hi Manci,

Many Thanks for the response - it really helps.

As mentioned if I calculate 28 day's it will be 18th August 2014. But my COS is going to be expire on 15th August 2014. Do I need to extened my COS one more time before applying for ILR?
or Can I apply for ILR on 18th August 2014 directly?

Please advise me.
Many Thanks in advance.


Thanks & Regards
Shivbaba

Merababa

you must apply before 9 Sept 2014 and the earliest you can apply is 28 days before 14 Sept 2014.

see p.21:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

You can change sponsor but your sponsor at the time of your application must certify in writing that they require you for the employment in question and that you are paid at least the minimum according to the codes of practice.

[manci]

Merababa

if I calculate 28 day's it will be 18th August 2014. But my COS is going to be expire on 15th August 2014.

If the work end date in the CoS is 15 August you can only work until that date. However, you have leave until 9 September. There are two possibilities:
1
Provided the ILR application is straightforward make a PEO appointment for a day between 18 August and 9 September. If your application is approved you will only have to stop working for a short period. Have the application checked to make sure there are no mistakes in it.
2
Apply for a T2 ICT extension shortly before 15 August and then vary the application to ILR after 18 August (there is a difference in fees). This way you will not have to stop working.

[merababa]

Many Thanks Manci for all your prompt answers, really appreciate..

Merababa

if I calculate 28 day's it will be 18th August 2014. But my COS is going to be expire on 15th August 2014.

If the work end date in the CoS is 15 August you can only work until that date. However, you have leave until 9 September. There are two possibilities:
1
Provided the ILR application is straightforward make a PEO appointment for a day between 18 August and 9 September. If your application is approved you will only have to stop working for a short period. Have the application checked to make sure there are no mistakes in it.
2
Apply for a T2 ICT extension shortly before 15 August and then vary the application to ILR after 18 August (there is a difference in fees). This way you will not have to stop working.

[chandurl]

Hi Manci,

I had received my initial Tier 2 ICT visa (Established Staff) in Sep'2010 which does not qualify for ILR as it was after Apr'10. I got extension under Tier 2 ICT (Long Term Staff) in Sep'2012.

I have recd. info. from various people, indicating that even though I cannot apply for ILR however, I can apply for unlimited extensions in the same category (Tier 2 ICT). Can you please confirm if that is correct and point me to the UK BA rule and the link, which confirms that?

Thanks in advance.

Regards,
Chandur

[manci]

Hi Manci,

I had received my initial Tier 2 ICT visa (Established Staff) in Sep'2010 which does not qualify for ILR as it was after Apr'10. I got extension under Tier 2 ICT (Long Term Staff) in Sep'2012.

I have recd. info. from various people, indicating that even though I cannot apply for ILR however, I can apply for unlimited extensions in the same category (Tier 2 ICT). Can you please confirm if that is correct and point me to the UK BA rule and the link, which confirms that?
see para 192 in the T2 policy guidance (p 40, box at bottom):
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Remember though that these are the current rules and they may change in the futue
Regards,
Chandur

[chandurl]

Hi Manci,

I had received my initial Tier 2 ICT visa (Established Staff) in Sep'2010 which does not qualify for ILR as it was after Apr'10. I got extension under Tier 2 ICT (Long Term Staff) in Sep'2012.

I have recd. info. from various people, indicating that even though I cannot apply for ILR however, I can apply for unlimited extensions in the same category (Tier 2 ICT). Can you please confirm if that is correct and point me to the UK BA rule and the link, which confirms that?
see para 192 in the T2 policy guidance (p 40, box at bottom):
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Remember though that these are the current rules and they may change in the futue
Regards,
Chandur

Thanks a lot for the quick response! I hope the rule means that unlimited extensions are allowed (since there is no specific mention about outer limit for Tier 2 ICT (Established Staff) issued before 2011).
What are the options available for settlement, if I continue on these extensions for 10 years (Long Residence)?

Regards,
Chandur

[manci]

10 years (long residence) under current rules

[chandurl]

10 years (long residence) under current rules

Thanks again for the quick response! Does that mean ILR or Citizenship after 10 years? Any idea about the form that needs to be filled based on the current rules? Having a look at the form, I can make sure that no other points to be worried about.

Regards,
Chandur

[manci]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

http://www.ukba.homeoffice.gov.uk/britishcitizenship/

[chandurl]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

http://www.ukba.homeoffice.gov.uk/britishcitizenship/

-----------------------

Thanks a lot for the response and guidance
regards,
Chandur

[JDPIV]

Greetings. This site's posts have been extremely helpful.

Status: Tier 2 (ICT - long term staff) continuous sponsorship and stay without disruption since December 2010.

Unfortunately, these past three years under this status does not count towards ILR or PR status until 10 years have passed. (Which I can do assuming continued original sponsorship without disruption because entry was before April 6, 2011.) Is there a way by changing status to Tier 2 (General) or even to a Tier 1 and have the last three years count towards a shorter process of attaining ILR or PR?

For example: If I were to switch to a Tier 2 (General) today, in two years could I apply for ILR because I would then have five years total of residency combined with Tier 2 (General) status?

Also, please confirm I can switch to a a different sponsored Tier 2 (ICT), Tier 2 (General) or Tier 1 without a cooling off period because of my original entry date.

Thank you very much!
- JDPIV

[manci]

Since your initial T2 ICT leave was as Established Staff you can switch to T2G in-country provided you change sponsor. There is no cooling off

Your 5 year ILR clock will start from the time you get your T2G leave but note that from 2016 there is a salary threshold of £35k which increases in later years

[JDPIV]

Dear Manci,

Thank you very much for your quick response, for we are considering a job offer. We also appreciate your responses to other folks on this forum since they too were helpful.

Enjoy your holidays.
- JDPIV

[vedcyru]

HI,
I have been granted ICT Tier 2 (Employer sponsored) visa in March 2010 but I entered in UK in FEB 2011.
If I manage to stay in UK till FEB 2016 then I will complete 5 years in UK.
IN that case, will I be able to apply for ILR? I have got visa in March 2010.
I checked UKBA site and found below info but still it is not clear to me.
(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

(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

[manci]

HI,
I have been granted ICT Tier 2 (Employer sponsored) visa in March 2010 but I entered in UK in FEB 2011.
If I manage to stay in UK till FEB 2016 then I will complete 5 years in UK.
IN that case, will I be able to apply for ILR?

yes

[vedcyru]

Thanks a lot Manci.

Your help has made me take big decisions. (Sorry for posting question on different thread, but this is the first time I posted query so wasn't sure which thread to follow)

As I mentioned, your answer may change the direction of my life, I would put a bit more info about the my visa category and subcategory so that it would be easier for you to answer.

I had got ICT Tier 2 (Sub category - Long term) visa in March 2010. But I came to UK in Feb 2011. If I manage to stay continuously for five years in UK, will that allow me to apply for Indefinite Leave to Remain in UK.
I am sorry, I might be asking same question again and again but your answer will help alot to take major decisions.(Hope you understand )

Below piece of info is from UKBA site.
(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

(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

[vedcyru]

Thanks a lot Manci.

Your help has made me take big decisions. (Sorry for posting question on different thread, but this is the first time I posted query so wasn't sure which thread to follow)

As I mentioned, your answer may change the direction of my life, I would put a bit more info about the my visa category and subcategory so that it would be easier for you to answer.

I had got ICT Tier 2 (Sub category - Long term) visa in March 2010. But I came to UK in Feb 2011. If I manage to stay continuously for five years in UK, will that allow me to apply for Indefinite Leave to Remain in UK.
I am sorry, I might be asking same question again and again but your answer will help alot to take major decisions.(Hope you understand )

Below piece of info is from UKBA site.
(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

(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

[manci]

I had got ICT Tier 2 (Sub category - Long term) visa in March 2010. But I came to UK in Feb 2011. If I manage to stay continuously for five years in UK, will that allow me to apply for Indefinite Leave to Remain in UK.

yes, you will be eligible to apply but this question has already been answered (see above)

btw - you March 2010 visa is likely to have had on it : VISA TIER 2 (INT COM TRAN) MIGRANT [...CoS number...] - they did not have the "long term" category at that time

[vedcyru]

Yes you are correct.

Earlier I had got ICT Tier 2 visa in March 2010.

I came to UK in May 2010 and due to project work, went back to INDIA in SEPT 2010 (I stayed in UK for 4 months).

Then again I have been deputed to UK in FEB 2011 and from that time I am in UK.

My visa was extended in Mar2012 to sub category ICT Tier 2 Long term.
It will again be extended in March 2014 for 2 more years till March 2016 and I believe after your confirmation I will be able to apply for Indefinite Leave to remain in Feb 2016.

[manci]

if you time your application so that in any 12 month period counted backwards from the actual date of the application your work related absence from the UK is less than 180 days you will be able to apply earlier, probably sometime in the autumn of 2015 (depends on the actual dates which you haven't posted)