Tier2 (ICT) to ILR & Extension query

Post by **manci** » Wed Jan 09, 2013 4:18 pm

kulban wrote:Hi,

I've a query on the Tire 2 visa to ILR or settlement

I've visa stamped as workpermit in dec-2007
and then i've got extensions till date

in dec 2009 the visa was stamped as T2SW(ICT) migrant and in feb 2010 biometric came as Tier 2 (ICT) Long term Leave to Remain

I've entered in uk first time in Jul-2009 and i was out of uk over 180 days

Now with my case am I be able to apply for ILR or settlement if I continued to stay here for 5 years? [3 more years required for avoid 180 days rule]

One more question if my dependent get a workpermit sponsorship here in UK who is staying with me from last 1 year and if she continued to stay upto 5 years will she be granted for settlement?

Thanks in advance for all your help.

The rules for absences changed in Dec 2012. Now 180 days absence is allowed in each of the one year periods preceding the application provided the absences were work or holiday related or for compassionate reasons.

kulban · Post by **kulban** » Wed Jan 09, 2013 4:41 pm

@manci

Thanks...

about my second query...

Is there any restrictions to dependents to apply for settlement?

Post by **manci** » Wed Jan 09, 2013 5:14 pm

kulban wrote:@manci

Thanks...

about my second query...

Is there any restrictions to dependents to apply for settlement?

what is the present immigartion status of your dependant?

kulban · Post by **kulban** » Wed Jan 09, 2013 5:23 pm

@manci,

She entered to UK in nov 2011 and working

I just wanted to ask you if in case I'll not be able to apply for ILR;
and my wife completes continuous stay of 5 years in UK [with her company visa for next 4 years]. Will she be able to applicable for ILR?

Post by **manci** » Wed Jan 09, 2013 6:05 pm

kulban wrote:@manci,

She entered to UK in nov 2011 and working

I just wanted to ask you if in case I'll not be able to apply for ILR;
and my wife completes continuous stay of 5 years in UK [with her company visa for next 4 years]. Will she be able to applicable for ILR?

is she on a dependant visa or a T2 ICT or T2G visa?

kulban · Post by **kulban** » Wed Jan 09, 2013 11:06 pm

She is going to apply T2G in next month from her new job/company

rajeevsharma11 · Post by **rajeevsharma11** » Sat Jan 12, 2013 7:23 pm

manci wrote:
rajeevsharma11 wrote:I am here on tier 2 ICT logn term staff migrant visa July 2011. It is going to expire in August. Will it be possible to switch over to Tier 2 general with in Uk.
what is the date and immigration category of your first application for entry clearance?

Visa Type - tier2 intra company transfer "long term staff migrant"

COS was raised on 6th July 2011.

Post by **manci** » Sat Jan 12, 2013 7:41 pm

rajeevsharma11 wrote:
manci wrote:
rajeevsharma11 wrote:I am here on tier 2 ICT logn term staff migrant visa July 2011. It is going to expire in August. Will it be possible to switch over to Tier 2 general with in Uk.
what is the date and immigration category of your first application for entry clearance?
Visa Type - tier2 intra company transfer "long term staff migrant"

COS was raised on 6th July 2011.
unfortunately it will not be possible to switch

rajeevsharma11 · Post by **rajeevsharma11** » Sat Jan 12, 2013 7:52 pm

manci wrote:
rajeevsharma11 wrote:
manci wrote:
rajeevsharma11 wrote:I am here on tier 2 ICT logn term staff migrant visa July 2011. It is going to expire in August. Will it be possible to switch over to Tier 2 general with in Uk.
what is the date and immigration category of your first application for entry clearance?
Visa Type - tier2 intra company transfer "long term staff migrant"

COS was raised on 6th July 2011.
unfortunately it will not be possible to switch

Can we apply Tier 2 general from out side if someone sponsor me.

One more query - Tier 2 general people are eligible for PR.

kulban · Post by **kulban** » Wed Jan 16, 2013 4:11 pm

kulban wrote:She is going to apply T2G in next month from her new job/company

@manci,

THanks for all your help to clarify things about visa.

I've one more query could you please help me

Does tire 2 general stamped in 2013 can be able to do the PR after completing 5 years?

Post by **manci** » Wed Jan 16, 2013 4:55 pm

rajeevsharma11 wrote:
manci wrote:
rajeevsharma11 wrote:
manci wrote: what is the date and immigration category of your first application for entry clearance?
Visa Type - tier2 intra company transfer "long term staff migrant"

COS was raised on 6th July 2011.
unfortunately it will not be possible to switch
Can we apply Tier 2 general from out side if someone sponsor me. yes, after the end of the cooling-off period

One more query - Tier 2 general people are eligible for PR. yes,

anki_kash · Post by **anki_kash** » Thu Jan 17, 2013 4:29 pm

Hi Manci,

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

VISA type - Tier-2 ICT
UK Entry Clearance from May 2009 to Dec 2010
First visa extention till April 2011 (CoS valid from Apr'11 to Apr'14 as ICT Established Staff)
Second visa extention till April 2013

I will be completing 4 years in April'13 with the same sponsor (company):

1) Am i eligible for third visa extention? will it be a normal process or different?

2) Am I eligible to apply for PR(permanent residency) after 5yrs (since I fall under before Apr'2010 category) ? will my time in UK untill now (4yrs) be counted for PR?

3) My sponsor is having trouble extending me due internal policies and increased taxes. 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.
Anki

muzammil1124 · Post by **muzammil1124** » Wed Jan 30, 2013 3:34 am

Hi Manci, need your advice.

I came to UK in May 2008 under Work Permit Visa. In 2009, I got my visa transferred to ICT. In 2011, I got my extension again which is valid until March 2014.

I have been in and out of UK but never for more than 2 months, and they have been paid leaves.

I am working for Wipro, and in December 2012 my project got over and I had to return to India. Currently, I am in India.

My 5 years is getting completed in May 2013, this year. I have not been able to get a project yet by which I can come to UK.

Additionally, I have heard about the cooling off period.

Can you please advice

1. what are my options now?
2. Will this cooling off period be a problem for my ILR?
3. Will I still be able to apply for ILR if I go back to UK after 4-5 months?
4. Since I came to UK before the ICT visa kicked in, will my case be considered as an old one or under the new rules?

Please advice

Kind regards
Muzammil Ahmed

Post by **manci** » Wed Jan 30, 2013 7:29 am

muzammil1124 wrote:I am working for Wipro, and in December 2012 my project got over and I had to return to India. Currently, I am in India.

My 5 years is getting completed in May 2013, this year. I have not been able to get a project yet by which I can come to UK.

are you still being sponsored/employed by Wipro?

Post by **manci** » Wed Jan 30, 2013 7:44 am

anki_kash wrote:Hi Manci,

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

VISA type - Tier-2 ICT
UK Entry Clearance from May 2009 to Dec 2010
First visa extention till April 2011 (CoS valid from Apr'11 to Apr'14 as ICT Established Staff)
Second visa extention till April 2013

I will be completing 4 years in April'13 with the same sponsor (company):

1) Am i eligible for third visa extention? will it be a normal process or different?

2) Am I eligible to apply for PR(permanent residency) after 5yrs (since I fall under before Apr'2010 category) ? will my time in UK untill now (4yrs) be counted for PR?

3) My sponsor is having trouble extending me due internal policies and increased taxes. 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.
Anki

The dates as you described them are unclear. However, assuming that you have been sponsored/employed by the same company under T2 ICT since May 2009:
1. yes, you are eligible for an extension of your T2 ICT leave but will need a new CoS from your present sponsor.
2. yes and yes if you otherwise comply with the rules for ILR
3. you are eligible to switch to Tier 2 General but need to find a new sponsor

bhuvajay · Post by **bhuvajay** » Wed Feb 06, 2013 12:52 pm

Hello,

I am new to this forum & request guidance to understand my chances of getting an ILR.

Following are the Visas I have been granted till date:
1) Work Permit (29-Jun-2006 to 29-Jun-2008)
2) LLR on WP (29-Jun-2008 to 29-Jun-2010)
3) Tier2 ICT Established Staff (01-Aug-2010 to 01-Aug-2012)
4) Tier2 ICT Established Staff Extension (01-Aug-2012 to 01-Aug-2014)

Following table summarises my stay between UK & India:
Country Start Date End Date Duration (Days)
UK 22-Jul-2006 09-Nov-2006 110
India 10-Nov-2006 30-Nov-2006 20
UK 01-Dec-2006 06-Feb-2007 67
India 07-Feb-2007 02-Nov-2007 268
UK 03-Nov-2007 30-Apr-2009 544
India 01-May-2009 11-Jul-2009 71
UK 12-Jul-2009 06-Oct-2009 86
India 07-Oct-2009 30-Jul-2010 296
UK 1-Aug-2010 till Date 920

Please note that during my stay (highlighted in Red above) in India, for the month of July'10 I had no UK Visa (i.e. there was a break).

After that One month, I was granted a new Tier2 ICT visa, on which I travelled to the UK.

I have two questions:
1) Am I (would I be) eligible for getting an ILR at any point in time?
2) Would I be able to get an extension beyond 1st Aug 2014?

Many thanks.

Regards,
Jay

muzammil1124 · Post by **muzammil1124** » Wed Feb 06, 2013 12:58 pm

manci wrote:
muzammil1124 wrote:I am working for Wipro, and in December 2012 my project got over and I had to return to India. Currently, I am in India.

My 5 years is getting completed in May 2013, this year. I have not been able to get a project yet by which I can come to UK.
are you still being sponsored/employed by Wipro?

Hi Apologies for replying late.

Yes I am still being sponsored by Wipro and the ICT visa is valid until March 2014.

The only problem is that my project completed on 31.12.2012 and I am in India right now. I might not be back in UK for another 2-3 months.

Will I still be eligible for ILR. And what effect would cooling off period have on my ILR.

Thanks again for your advice.
Muzammil

muzammil1124 · Post by **muzammil1124** » Tue Feb 12, 2013 7:10 am

muzammil1124 wrote:
manci wrote:
muzammil1124 wrote:I am working for Wipro, and in December 2012 my project got over and I had to return to India. Currently, I am in India.

My 5 years is getting completed in May 2013, this year. I have not been able to get a project yet by which I can come to UK.
are you still being sponsored/employed by Wipro?
Hi Apologies for replying late.

Yes I am still being sponsored by Wipro and the ICT visa is valid until March 2014.

The only problem is that my project completed on 31.12.2012 and I am in India right now. I might not be back in UK for another 2-3 months.

Will I still be eligible for ILR. And what effect would cooling off period have on my ILR.

Thanks again for your advice.
Muzammil

Hi Manci, did you have a chance to look at my reply. Please advice.

sparya83 · Post by **sparya83** » Tue Feb 12, 2013 1:46 pm

Hi mancy,

Any help on this would be very much appreciated.

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

1> Tier 2 – ICT Short Term Staff Migrant (21-July-2011 to 17-Jul-2012)
2> Tier 2 – ICT Long term Staff Migrant ( 17-Jul-2012 to 08-Aug-2014) - current

I have 2 questions

1) Can I switch from Tier2 ICT Long Term to Tier 2 General within UK for another employer and COS?

2) Can I switch from Tier2 ICT Long Term to Tier 2 General outside UK and whether it will have cooling off period or not?

Thanks
Satya

Bupesh · Post by **Bupesh** » Thu Feb 14, 2013 8:59 pm

Hi,

The following is my immigration history

a. Tier-2 (ICT) Visa issued on 29-Mar-2010 valid until 04-Apr-2011
b. Same visa extended from inside UK - Tier-2 ICT Est Staff - Valid from 29-Mar-2011 to 04-Apr-2013

and am currenly lookin at switching to Tier-2 (General) Visa and have secured a sponsor. My query is if i switch my visa status now will I lose the 2 yrs 9 Months years stay that has been accumulated.

Based on the settlement criteria given in the below link from UKBA for Tier-2 (General), Tier-2(ICT) stay does not count in the 5 years stay
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Can any of the members or Gurus please clarify on this please. Appreciate your help and guidance in this regard.

Thanks & Regards
Bupesh.

subbusel · Post by **subbusel** » Tue Feb 19, 2013 1:23 pm

Hi Mansi,

Am new to this discussion board. I have a query on the Teir 2 ICT Long Term Staff

Am currently on Tier 2 ICT Long Term Staff. Have Visa till June 2013 and I got the visa on Oct 2012.

My company is now going to extend the Visa. and hopefull that will be for a year.

After this extension, can i go for the second extension or only one Extension is allowed for Teir 2 ICT ?

muzammil1124 · Post by **muzammil1124** » Tue Feb 19, 2013 6:04 pm

muzammil1124 wrote:
muzammil1124 wrote:
manci wrote:
muzammil1124 wrote:I am working for Wipro, and in December 2012 my project got over and I had to return to India. Currently, I am in India.

My 5 years is getting completed in May 2013, this year. I have not been able to get a project yet by which I can come to UK.
are you still being sponsored/employed by Wipro?
Hi Apologies for replying late.

Yes I am still being sponsored by Wipro and the ICT visa is valid until March 2014.

The only problem is that my project completed on 31.12.2012 and I am in India right now. I might not be back in UK for another 2-3 months.

Will I still be eligible for ILR. And what effect would cooling off period have on my ILR.

Thanks again for your advice.
Muzammil

Hi Manci, did you have a chance to look at my reply. Please advice.

Hi Manci, still waiting for your advice.

Shetty_shetty · Post by **Shetty_shetty** » Sun Feb 24, 2013 7:43 pm

Hi There,

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

Tier 2 – ICT Long term Staff Migrant ( Nov 2011 to Nov 2013) - currently working for WIPRO in UK.
I have another company CTS who is ready to sponsor my Visa so that I can work for them in UK.

I have 2 questions

1) Can I switch from Tier2 ICT Long Term to Tier 2 General within UK for another employer and COS? How much time does it take for new visa?

2) Can I switch from Tier2 ICT Long Term to Tier 2 General outside UK and whether it will have cooling off period or not?

Please help me if you are having knowledge on this.

Thanks
Shetty

tan777 · Post by **tan777** » Mon Jun 24, 2013 5:23 pm

Hi- so is it confirmed that even if your last extension converted your ICT cat to LTS- you are eligible for T2G?

sushena · Post by **sushena** » Wed Jun 26, 2013 12:49 pm

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

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