Tier2 (ICT) to ILR & Extension query

[anilkum]

[quote="manci"][quote="anilkum"]Hi,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). I have been told by my company that it can not be extended after 5 years. But, i have seen couple of posts saying that people who have come to UK on or before April 2011 can be extended as long as they can, but ineligible for ILR.
that is correct, you can extend your leave indefinitely with a new CoS for each extension (but are not eligible for ILR on the 5 year route). Refer your company's HR person to immigration rule 245GE(b)(v).

I am not sure what is true?. Not sure about the options after Nov 2015. Guys, could you please suggest me in this regard?

Thanks
Anil

Thanks Manci

[anilkum]

Thanks Manci

[vedcyru]

HI Manci,

I have got to know that I can apply for ILR 28 days before the completion of 5 years to visa stamping(if I have entered in UK within 90 days of visa stamping.)

i.e. my ICT Tier2 visa was stamped in 23/03/2010 and I entered in UK on 15/05/2010 (within 90 days) in this case I can apply for ILR on 26/02/2015 (28 days before 23/03/2015).

Can you please let me know if that's possible?
If yes then can I apply with Premium Service? or I need to complete 5 years in UK in order to use Premium Service?

Few days before I have asked you query as to when can apply at earliest for ILR.
1) My ICT Tier 2 visa was granted on 23/03/2010.
2) I came to UK on 15/05/2010.
3) I went back to INDIA on 20/09/2010 and then came back on 26/02/2011 (within 160 days). (After this my visa has been renewed couple of times. First in 23/03/2012 and second time 23/03/2014)
4) I had gone to INdia on leave in 25/01/2013 and came back on 17/02/2013.(22 days)

Please could you answer when can I apply for ILR at the earliest and can I use Premium service for the same.

Thanks very much in advance.

Regards,

[sshiva]

Hi Manchi,
after hunting around every where didn't find any good explanation then yours, hence registered.
kindly help me to understand and guide

a. My first visa was Workpermit 3/01/2008 to 21/12/2009
b. I got my next VISA T2 ICT (Established Staff) 06/05/2010 to 14/06/2013
c. Got extension on ICT t2 as LTS till May 2016
Now based on above,
1. can i get ILR ( I was away for 165 days approx from UK which is 29/12/2009 to 06/05/2010) working for same client and same company..but without visa.
2. Can i get ILR back on my recent ICT T2 LTS visa ?
3. Can i Switch to T2 General

regards
Shiva

[manci]

Hi Manchi,
after hunting around every where didn't find any good explanation then yours, hence registered.
kindly help me to understand and guide

a. My first visa was Workpermit 3/01/2008 to 21/12/2009
b. I got my next VISA T2 ICT (Established Staff) 06/05/2010 to 14/06/2013
c. Got extension on ICT t2 as LTS till May 2016
Now based on above,
1. can i get ILR ( I was away for 165 days approx from UK which is 29/12/2009 to 06/05/2010) working for same client and same company..but without visa.
2. Can i get ILR back on my recent ICT T2 LTS visa ?
3. Can i Switch to T2 General
unfortunately continuity has been broken by your absence without a visa in the period Dec 09 - May 10 and you are not eligible for ILR on the 5 year route, see the last para on p27:
https://www.gov.uk/government/uploads/s ... eriods.pdf
However, you can keep extending your T2 ICT leave indefinitely with a new CoS for each extension and you will be eligible on the 10 year route in May 2020 if you meet the other requirements. Also, you may be eligible earlier, in Jan 18, on the long residence route, see immigration rule 276A:
https://www.gov.uk/government/uploads/s ... _final.pdf
and p17:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf
Alternatively, you can switch to T2G with a new sponsor and then you will be eligible for ILR 5 years after switching if you meet the other requirements.


regards
Shiva

[sshiva]

Hi Manchi,
a big thanks for clarifying. just last 2 question
1. you mentioned "However, you can keep extending your T2 ICT leave indefinitely with a new CoS for each extension"…..but there is a limit i can get max extension isn't it, my ICT was started from may 2010 to 2013 and then extended till may 2016, can i still extend it ?

2. how can i check when my application was submitted (CoS ) for the VISA by my company, if they had submitted before 6april, i still have a little chance ?
if all fails, am i still elligibe to switch from my existing ICT to T2G?
Thanks a lot for your help

Reg]
Shiva

[manci]

Hi Manchi,
a big thanks for clarifying. just last 2 question
1. you mentioned "However, you can keep extending your T2 ICT leave indefinitely with a new CoS for each extension"…..but there is a limit i can get max extension isn't it, my ICT was started from may 2010 to 2013 and then extended till may 2016, can i still extend it ?
your initial T2 ICT leave was under the rules before 6 April 2011, therefore there is no limit to the number of extension you can have

2. how can i check when my application was submitted (CoS ) for the VISA by my company, if they had submitted before 6april, i still have a little chance ?
if all fails, am i still elligibe to switch from my existing ICT to T2G?
your question not understood

Thanks a lot for your help

Reg]
Shiva

[gunkut]

Hello experts,

I am a new member here, posting with my first query after reading through some of the discussions and guidelines/imigration rules for ILR before making this query. There are few other releavant threads, I wasn't sure in which one should i make my post.

I would like to seek your expert advise on the possible route for ILR application (Am i eligible first of all? )

I am from India, currently staying in UK for last 4 years. currently holding Tier 2 (G) visa.

My visa and travel history are as below:
-----------------------------------------
Applied from India - First visa was a Work Permit Entry Clearance stamped & granted 22/10/2008 - 22/10/2010.

Date of first entry to the UK - 05/11/2008.

Left UK 15/06/2009.

Worked for same employer for same client at India-offshore location for about 15 months.
-----------------------------------------
Applied from India - T2 ICT (Established staff) applied fresh in August/2010 and Entry Clearance stamped & granted 30/08/2010 - 28/09/2012. Though old WP was valid till 22/10/2010.

Date of entry to the UK using T2 ICT (Established staff) - 06/09/2010.

Extended 2 times T2 ICT - In Country. BRP granted till - 26/12/2014

Also have had 2 annual leave breaks -
1) 15 Oct 2011 - 31 Oct 2011 -> 16 days
2) Jun-2012 -> 21 days
-----------------------------------------
Switched visa in-country to Tier 2 (General) by switching job to another sponsor. Tier 2 (G) visa applied for 3 years, and valid from Dec 2014 to Dec 2017 (next 3 years).
-----------------------------------------

My questions and states are below,
1) Am I eligible to apply for ILR under 5 year employment route?
2) What should be the appropriate date of ILR application if I am eligible to apply (if the answer for question 1 is YES)?
3) Tier 2 (Established staff) - This was applied as a fresh application from India while the old WP was valid at the time of application, Entry clearance was stamped in passport
3) I was from an indian IT company , who will not provide any sort of reference letter for my long absense in 2009-2010.
4) I should be able to get a letter from current Tier 2 general sponsor employer (that they will require me for their current job)
5) other supporting documents and criterais are fine

Thank you very much.

[manci]

@gunkut
IMHO you may be eligible for ILR in March 2015 if you can provide confirmation from your sponsor at the time that your 180 day absence from the UK before 06/09/2010 was because they deployed you to work abroad.

[sshiva]

Hi
2. how can i check when my application was submitted (CoS ) for the VISA by my company, if they had submitted before 6april, i still have a little chance ?
if all fails, am i still elligibe to switch from my existing ICT to T2G?
your question not understood
………what i was trying to tell you was is there any way i can check when my visa application was submitted for processing?

[manci]

Hi
2. how can i check when my application was submitted (CoS ) for the VISA by my company, if they had submitted before 6april, i still have a little chance ?
if all fails, am i still elligibe to switch from my existing ICT to T2G?
your question not understood
………what i was trying to tell you was is there any way i can check when my visa application was submitted for processing?
For the visa application you will need a CoS number which your new sponsor should give you. If they have an unrestricted CoS allocation available they can assign the CoS immediately, otherwise they have to apply for an allocation but this shouldn't take longer than about 2 weeks (if that).
Only you can submit your visa application so you should know when that will be.

[gunkut]

@gunkut
IMHO you may be eligible for ILR in March 2015 if you can provide confirmation from your sponsor at the time that your 180 day absence from the UK before 06/09/2010 was because they deployed you to work abroad.

Hello Manci, Thanks a lot for your opinion. you have provided me a hope to prepare for ILR application
Requesting to provide advise/options on the 'Referene letter' required.

I will try my best to get a letter from my previous (indian IT) employer.
But as I mentioned, getting a letter from indian IT company (my previous employer) is cumbersome, in other words I can't get it.

You are the experts in this field, you would have an idea of what other feasible options if we are not able to provide a reference letter from previous employer for the long absense.

I was going through a lot of discussions in imigrationboards, but couldn't come to a solution on what should be done.

I have the following at the moment, does it help by any means?
or Do you see any other options available?

1) schengan visa reference letter 2014 - which contains my joining date in company as 'X' and UK arrival date '06-Sep-2010'
2) 2 rental reference letters in 2012 and 2013 - contains same details as above.
3) old WP application letter in 2008 (paper based application which shows the client name and location).
4) deputation letter from offshore to onsite in 2010

I don't have any other docs which show like duputation from UK to offshore/abroad for same client

[manci]

@gunkut
IMHO you may be eligible for ILR in March 2015 if you can provide confirmation from your sponsor at the time that your 180 day absence from the UK before 06/09/2010 was because they deployed you to work abroad.

Hello Manci, Thanks a lot for your opinion. you have provided me a hope to prepare for ILR application
Requesting to provide advise/options on the 'Referene letter' required.

I will try my best to get a letter from my previous (indian IT) employer.
But as I mentioned, getting a letter from indian IT company (my previous employer) is cumbersome, in other words I can't get it.
cumbersome is not the same as not being able to get it. If you are really unable to get it some other credible evidence may be accepted by the HO at their discretion.

[anand.umapathy]

Hi .. My initial visa is stamped by September 2010. My company extended my COS twice and the latest work permit expires by March 2015. Am I eligible for another extension if my company sponsors me? If so how long can I extend?

Cheers
Anand

[gunkut]

@gunkut
IMHO you may be eligible for ILR in March 2015 if you can provide confirmation from your sponsor at the time that your 180 day absence from the UK before 06/09/2010 was because they deployed you to work abroad.

Hello Manci, Thanks a lot for your opinion. you have provided me a hope to prepare for ILR application
Requesting to provide advise/options on the 'Referene letter' required.

I will try my best to get a letter from my previous (indian IT) employer.
But as I mentioned, getting a letter from indian IT company (my previous employer) is cumbersome, in other words I can't get it.
cumbersome is not the same as not being able to get it. If you are really unable to get it some other credible evidence may be accepted by the HO at their discretion.

Thanks manci for your reply. I should have said like it is cumbersome and also I am unable to get it at the moment. Howver i will try my best and will not leave it. Thanks once again for this free advise to me and to others; you guys are experts, your words of advise are helping & changing lives!

[manci]

Hi .. My initial visa is stamped by September 2010. My company extended my COS twice and the latest work permit expires by March 2015. Am I eligible for another extension if my company sponsors me?
yes

If so how long can I extend?
indefinitely if your sponsor wishes to continue employing you
Cheers
Anand

[Puki61]

Hi Team and Manci ,

I am in UK since 11 Apr 2011 on Tier 2 ICT long term and my visa stamped 4 Apr 2011 and extended until 02.05.2016

I would appreciate if you could answer below 2 questions;

1. Could you let me know if i would be extend my visa beyond 5 years ?

2. I also worked for my company in UK since Jan 2010 more than 180 days with Business visa due to min 12 months payroll requirement as I was on 3rd part company's payroll abroad, so I am wondering if I am eligible for ILR if my sponsor can provide me that they deployed me work abroad & business trip base during 2010.

Thanks in advance

Regards

[manci]

Hi Team and Manci ,

I am in UK since 11 Apr 2011 on Tier 2 ICT long term and my visa stamped 4 Apr 2011 and extended until 02.05.2016

I would appreciate if you could answer below 2 questions;

1. Could you let me know if i would be extend my visa beyond 5 years ?

2. I also worked for my company in UK since Jan 2010 more than 180 days with Business visa due to min 12 months payroll requirement as I was on 3rd part company's payroll abroad, so I am wondering if I am eligible for ILR if my sponsor can provide me that they deployed me work abroad & business trip base during 2010.

Thanks in advance

Regards

1. yes
2. what do you mean by "business visa"?

[Puki61]

Thanks for the prompt reply, I had the standard UK business visa for business trips UK for 2 years which I got Dec 2009 , after 12 months payroll received that I applied for Tier 2 ICT visa but during that time I work abroad and in uk with the standard business visa.

[manci]

Thanks for the prompt reply, I had the standard UK business visa for business trips UK for 2 years which I got Dec 2009 , after 12 months payroll received that I applied for Tier 2 ICT visa but during that time I work abroad and in uk with the standard business visa.

Still not clear. What visa did you have in/from Jan 2010? A business visitor visa,in which case you were not supposed to work, or a T2 ICT visa?

[Puki61]

thanks Manci, yes I came here with business visitor visa , then applied for ICT tier 2