Tier 2 ICT - ILR Possible?

[curiouscrab]

Hi
I am in UK on a Tier 2 ICT Visa , and details are as below:

CoS Dates: 29/03/2010
VISA Stamping Date: 20/05/2010 - Granted for 2 years till 04/05/2012
VISA Renewed : 22/06/2012 till 18/05/2014

My questions are:

1. Can I get extension beyond 5 years?
2. Am I eligible for ILR after I complete 5 years in 2015?

Will really appreciate your genuine help !!

[ilrcandidate]

Both the answers to your question depend on the date when your application for entry clearance was made. Can you provide that date?

[curiouscrab]

I don't remember the date exactly, but it was after 20/04/2010.
Actually, in my case, my first application was rejected on grounds of insufficient documents which was made before 06/04/2010, when another application was made on the same set of documents after 20/04/2010, I was granted the VISA.

[curiouscrab]

Hi
Adding to the above Information, my VISA type says TIER 2 ICT Migrant ...

Can some one please help me on my Query??

[manci]

if your 2010 entry clearance stamp is "VISA TIER 2 (INT COM TRAN) MIGRANT" followed by the CoS number then it was granted under the pre 6 April 2010 rules and you will be eligible for ILR after 5 years.

You can check this by making a SAR request:
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

You can get any number of 2 year extensions if you have an appropriate CoS from your sponsor

[curiouscrab]

Thanks a lot manci. I will check with UKBA.

[smart.dixit]

HI All,

I am in UK since 2010 on Tier-2 ICT and my query related to eligibility for ILR? I know about 6 April-2010 rule, but want to know if any exception is possible in below scenario?

CoS Applied and received on 16-March-2010
Applied for appointment for Visa stamping: 7-April-2010 (Delay because of rule changes)
Visa Stamping date: 13-April-2010 (Valid From)
Visa Type: VISA Tier-2 (INT COM TRAN) MIGRANT
First Travel-Date: 15-June-2010.
Continuous stay in UK since date (except holidays all less than 90 days)

Any INputs on ILR eligibility?

[curiouscrab]

I think your case is more or less similar to me. So expect a similar response from experts as i received above.

"if your 2010 entry clearance stamp is "VISA TIER 2 (INT COM TRAN) MIGRANT" followed by the CoS number then it was granted under the pre 6 April 2010 rules and you will be eligible for ILR after 5 years."

[manci]

@smart.dixit
according to your visa stamp you should be eligible for ILR. This is because you must have applied before 6 April 2010. The date of application is the date when you paid the visa fee, as shown on your payment receipt - check it

[smart.dixit]

@smart.dixit
according to your visa stamp you should be eligible for ILR. This is because you must have applied before 6 April 2010. The date of application is the date when you paid the visa fee, as shown on your payment receipt - check it

Thanks Manci.

I dont remember exact date, but i paid visa fee on same day of appointment (in UKBA VFS), that was on 8-april-2010.

Also What should be visa stamp if any visa applied after 6-april-2010, Does Visa stamp is best way to find on which rule it was applied, because my appointment was on 8-april-2010?

[smart.dixit]

I think your case is more or less similar to me. So expect a similar response from experts as i received above.

"if your 2010 entry clearance stamp is "VISA TIER 2 (INT COM TRAN) MIGRANT" followed by the CoS number then it was granted under the pre 6 April 2010 rules and you will be eligible for ILR after 5 years."

Thanks Curiousrab

I paid visa fee on 8-april-2010 and visa name is same as yours, so not sure if it should come under pre 6-april-2010?

Did you confirm from UKBA in your case?

[curiouscrab]

No, I haven't done yet.. There is whole lot of confusion here.

In my case, my interview was on 6th April, but my initial application was rejected, on base of insufficient documents. But my company applied again on same application and was granted VISA later.

I think, asking UKBA will be the only way to check under which rules our VISA is granted.

I will check with my company first.

Let me know if you get any input.

[venkatasureshs]

Hi Manci,

My Tier2 ICT visa issued on 18-Mar-2010 and i have landed in UK on 20-Jun-2010 , Since then i am continuously working in UK without any breaks.
I have couple of queries.
1. WIll my start date is considered as 20-Jun or 18-Mar for my ILR calcuation?
2. Am i Eligible for ILR after 5 years of my stay in UK either continuing in Tier 2 ICT or by switching to Tier2 General? If Yes , When i can apply for ILR?

Thanks much in advance.

[manci]

Also What should be visa stamp if any visa applied after 6-april-2010?

if entry clearance had been granted under the rules in force 06/04/2010 - 05/04/2011 the visa stamp would have been:
TIER2(ICT)ESTABLISHED STAFF followed by the CoS number

[curiouscrab]

Hi manci

in paragraph 245GF, one of the requirements is stated as below. My intial VISA was [b]Tier 2 ICT Migrant[/b] and after extension it says [b]Tier 2 ICT Long Term[/b]. Do i still fulfill below requirement? I am a little confused, if i need to fullfill 2 out of below 3 requirements or just ant one? Please advise..

[i]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,

(ii) as a Qualifying Work Permit Holder, or

(iii) as a representative of an overseas Business.[/i]

[manci]

you meet the requirements if you also satisfy 245GF(d)(I) - which was the subject of your previous post

[curiouscrab]

[quote="manci"]you meet the requirements if you also satisfy 245GF(d)(I) - which was the subject of your previous post[/quote]

Thanks Manci. I agree, I qualify 245GF(d)(l), but my query is , do I need to qualify for minimum 2 requirements mentioned under 245GF(c) ?

i satisfy only 245GF(c)-i i.e. as a Tier 2 (Intra-Company Transfer) Migrant, . Is it still sufficient?

I may sound lame to you, but, i am unable to understand this point.

Thanks for bearing with my queries.

[manci]

245GF(c) says that you must be a T2 ICT migrant when you apply (which you are) and before then you must have spent the 5 years in any combination of (i), (ii) and (iii) which you have because you were a T2 ICT migrant (i) throughout this period. If you rely on (i) you must also satisfy 245GF(d) which you do.

[curiouscrab]

Thanks a lot manci for the clarification. I was just confused by the word combination used, which made me think that I need to satisfy either a combination of (i)and (ii) or (i)and (iii) under point 245GF(c).

So from your explanation it means, it need to satisfy either of 3 options given and since I satisfy (i), I am eligible to apply for ILR.

I hope I am understanding it correctly now.

Thanks for your patience and help.

[waiwai]

@curiouscrab @venkatasureshs @smart.dixit
Did anyone of you got the clarification finally as to whether you are eligible for ILR ?

[curiouscrab]

@waiwai: From the responses i have received from the experts in this forum, i do believe i am eligible for ILR.

[venkatasureshs]

As per the update from Guru's i am eligible for ILR and it is matching with UKBA rule set.

[waiwai]

@manci

Also What should be visa stamp if any visa applied after 6-april-2010?

if entry clearance had been granted under the rules in force 06/04/2010 - 05/04/2011 the visa stamp would have been:
TIER2(ICT)ESTABLISHED STAFF followed by the CoS number

One more clarification on this subject. Will the visa stamp determine the type of visa or the category/subcategory in the CoS document ?

[manci]

the visa stamp shows the category in which entry clearance has been granted

[waiwai]

Thanks, the stamp on my passport says ICT established staff, so I would not be eligible for ILR after 5 years.

I have another question. Is there a way i can appeal for it in court that this rule has been added retrospectively?
My reasoning is as belows:
As per immigration rules changed during mar/apr 2010 - refer to page 7 of the pdf - I am eligible for ILR, as per rule 245ZF (b) (i) (1)
https://www.gov.uk/government/uploads/s ... /hc439.pdf

However the rule changed in immigration law that came into effect only in April 2011 , refer page 17 of below pdf - https://www.gov.uk/government/uploads/s ... /hc863.pdf

Which means the law changed only after I had already arrived in UK.

Am I missing something here. Experts please help.