Tier 2 ICT extension query

[consonant]

Hello all,

I have been working in the UK on a Tier 2 (ICT) since October 2010. The visa was issued in Oct 2010 till November 2013 and subsequently extended till November 2015.

I understand that with the current immigration rules, there is no path to an ILR in my current circumstances. Is this correct?

I would also like to know if my sponsoring company can extend this visa beyond November 2015.

Thanks in advance.

[manci]

Hello all,

I have been working in the UK on a Tier 2 (ICT) since October 2010. The visa was issued in Oct 2010 till November 2013 and subsequently extended till November 2015.

I understand that with the current immigration rules, there is no path to an ILR in my current circumstances. Is this correct?
yes, that is correct, on the 5 year route you are not eligible for ILR as your T2 ICT leave did not include a period before 6 April 2010 but you will be eligible under the 10 year route (long residency) if you stay in the UK that long

I would also like to know if my sponsoring company can extend this visa beyond November 2015.
yes, the sponsor can assign another CoS to you, in fact there is no limit to the number of extensions you can have if the sponsor wants to continue employing you


Thanks in advance.

[consonant]

Thanks for the info, manci.

One more thing: my wife has been with me as a dependent and employed here since October 2010 as well. Would it (maybe by some quirk of the immigration rules) be possible for her to apply for an ILR? And can she switch into a Tier 2 General from within the UK?

[ugendersignh]

Hi all

Paragraph 563 of the UKBA Tier 2 sponsor guidance states: “where a migrant is working on a contract basis and is being supplied to one organisation by another organisation, their sponsor must be whoever has full responsibility for determining the duties, functions and outcomes, or outputs of the job the migrant is doing.”

I would like to understand if the following working arrangement was in place, would it satisfy UKBA sponsorship guidance?

• I am employed by an consultancy that is a A-Rated Sponsor
• The consultancy will have a supplier relationship with an Agency (e.g. SRG etc) to deliver services to the Client (e.g. a Idiot spammer company)
• The Agency has a supplier agreement with the Client to bring on board services to fulfil the project.

To put it simply, the working relationship is as follows:

Migrant (me) > Consultancy > Agency > Client (Idiot spammer company)

Therefore, I am a consultant employed by the consultancy that has an agreement with the Agency to deliver a project to the client. As such, I would be not an employee of the client so my consultancy company can sponsor me.

How I read it is that the UKBA will allow the migrant to be working at another organisation so long as their sponsor is the one who determines their job function. So in this case, if the consultancy can prove they are determining my responsibilities, and not the client (which is how some people may interpret), then I should be okay?

Or what else should I be considering?
Any advice, experience, feedback is much appreciated!

[manci]

One more thing: my wife has been with me as a dependent and employed here since October 2010 as well. Would it (maybe by some quirk of the immigration rules) be possible for her to apply for an ILR?
only possible possible under long residency (10 years)

And can she switch into a Tier 2 General from within the UK?
only possible from her home country. However, as a T2G migrant she would be eligible for ILR after 5 years

[ugendersignh]

Hi manci can you please solve my query as its really urgent. Thanks

[manci]

@ugendersignh
you quoted para 568 (not 563) from the T2 sponsor guidance. I think the arrangement you outlined would not be acceptable because you would in effect be an agency worker (see para 570):
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary