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unfortunately not as you didn't have T2 ICT leave under the rules before 6 April 2010. However, you could switch to T2G if you change sponsor and that would make you eligible for ILR after 5 years on T2G.sh2rm201 wrote:as I received my first visa as ICT Established Staff category - do I still have a chance to apply for ILR post 5 yrs stay (2016)?
since your initial leave was T2 ICT Established Staff you can switch to T2G in-country and if you do that there is no cooling-offsh2rm201 wrote:Many thanks for the reply.
Can I switch to T2G from within UK? Or, I have to go back to India? Also, if I have to go back then do I need to serve any cooling off period before applying for T2G?
Page 27 wrote:If the applicant’s leave expires whilst they are outside the UK and they apply for new entry
clearance more than 28 days after their previous leave expires, then the continuous period
is broken and leave is not aggregated.
sh2rm201 wrote: So, it would mean that I could stay even beyond 5 years if my employer continues to extend my visa from within UK post 2016?
yes, under current rules (as already stated above)
But, it still won't make me eligible for applying an ILR after 5 years or more?
it would make you eligibly to apply in 2021 on the basis of long residence (under current rules)
I have also assumed that the quote by Amber (see above) applies to you as regards your 2010/11 absence from the UK
sh2rm201 wrote:
- then I re-entered UK in April 2011 with a fresh grant of leave (T2 ICT ES) and my stay outside the UK was less than six months (from 18th Nov 2010 to 23rd Apr 2011).
this absence will not disqualify you on the 10 year route (long residence) provided you meet the other requirements as regards absences
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, then the continuous period is broken and leave is not aggregated.
this only applies to the 5 year route (PBS) and it is the reason why your period on wp cannot be taken into account and therefore you are ineligible for ILR along this route )
are you sure that your wp was a MEWP? If it was this would have been stated on the wp. The fact that your visa allowed you multiple entries doesn't mean that the wp was a MEWP. MEWPs were issued to migrants based abroad who had to travel frequently to the UK.sh2rm201 wrote:Work Permit (Multiple Entry) - Dec 2008 - Nov 2010
from Dec 08 (under current rules)sh2rm201 wrote: So for the long residence , will my continuous stay be counted from Dec 2008 (when I came for the first time on WP) or from April 2011 (when I came on T2 ICT ES)?