Tier 2 ICT - ILR Possible?

[manci]

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

the rules about ILR for T2 ICT migrants changed on 6 April 2010, not 6 April 2011, see 15(viii) on p5 and the last bullet point at 7.8 in the explanatory memorandum in the Statement of Changes. The para you referred to was about "leave to remain", not "indefinite leave to remain".

[waiwai]

@manci - many thanks for the clarification. Indeed, I was reading the wrong section. Silly me. So, there is no way I can get the ILR after 5 years. Will have to wait for 10.

[curiouscrab]

Hi manci

I am in a strange situation here. Depending on the VISA TYPE as mentioned on my original VISA, you confirmed that it has been granted under rules in place before April 2010 (As it says Tier 2 ICT Migrant). However, ignorantly when i applied for my VISA Extension in 2012 , in the Extension form , for the question " What is your current or last grant of leave?" to which i answered as "a Tier 2 ICT Migrant in Established Staff sub category under the rules in place before April 2011".

Does this affect chances of my eligibility of ILR?

[manci]

@curiouscrab
it wouldn't matter if you were granted your initial visa under the rules before 6 April 2010. Check with UKBA (SAR request) - you said you would do this

[curiouscrab]

@manci, Thanks, yeah I was planning to, but lost it. and now it seems that the links has moved and i am not able to locate the correct SAR form. Will you be able to help me find the correct form please?

[manci]

the SAR form is here:

https://www.whatdotheyknow.com/request/ ... 3%2027.pdf

[curiouscrab]

Hi, It turns out my application was made on 6 Apr 2010. Will i be eligible or i miss out by a day?

M Getting nervous !!

[Catchdips]

@manci
Hi,
Below are the sequence of events based on which I would like to know if I am eligible for ILR.
1. Visa Tier 2(ICT) Migrant - valid from 09/05/09 to 24/05/10. However did not enter UK during that period.
2. Visa Tier2 (ICT) Established staff- valid from 30/06/2010 to 30/05/2011. Entered Uk on 07/07/2010.
Visa got renewed twice afterwards in the same category once for an year, and another for 2 years. Have currently applied for ICT Visa renewal for 2 years(which means if granted I will be staying till 2016). Haven't stayed outside Uk for more than 25 days in an year since July 2010

Am I eligible to apply for ILR in 2015?
Thanks in advance.
Dipankar

[manci]

Hi, It turns out my application was made on 6 Apr 2010. Will i be eligible or i miss out by a day?
difficult to say because you made your initial application before 6 April 2010 but it was rejected (incomplete documentation) and your leave was actually granted at a PEO on 6 April 2010. However, the stamp in your passport suggests that it was granted under the pre-6 April 2010 rules.

Contact the HO:

Home Office
P O Box 3468
Sheffield S3 8WA

or try emailing: public.enquiries@homeoffice.gsi.gov.uk

[Catchdips]

@manci
Hi,
Below are the sequence of events based on which I would like to know if I am eligible for ILR.
1. Visa Tier 2(ICT) Migrant - valid from 09/05/09 to 24/05/10. However did not enter UK during that period.
2. Visa Tier2 (ICT) Established staff- valid from 30/06/2010 to 30/05/2011. Entered Uk on 07/07/2010.
Visa got renewed twice afterwards in the same category once for an year, and another for 2 years. Have currently applied for ICT Visa renewal for 2 years(which means if granted I will be staying till 2016). Haven't stayed outside Uk for more than 25 days in an year since July 2010

Am I eligible to apply for ILR in 2015?
Thanks in advance.
Dipankar

[manci]

Below are the sequence of events based on which I would like to know if I am eligible for ILR.
1. Visa Tier 2(ICT) Migrant - valid from 09/05/09 to 24/05/10. However did not enter UK during that period.
2. Visa Tier2 (ICT) Established staff- valid from 30/06/2010 to 30/05/2011. Entered Uk on 07/07/2010.
Visa got renewed twice afterwards in the same category once for an year, and another for 2 years. Have currently applied for ICT Visa renewal for 2 years(which means if granted I will be staying till 2016). Haven't stayed outside Uk for more than 25 days in an year since July 2010

unfortunately you are not eligible for ILR because the required 5 year continuous period to be spent in the UK will not have included a period before 6 April 2010. Although you did have leave in that period you were not in the UK at any time during the period of the leave.

[Catchdips]

@manci. Thanks. In that case is there a period after which I need to mandatorily go back or My Ict can be renewed indefinitely.

[manci]

@manci. Thanks. In that case is there a period after which I need to mandatorily go back or My Ict can be renewed indefinitely.

you can extend your T2 ICT leave indefinitely as long as your sponsor wants to continue employing you.
After 10 years in the UK you may be eligible to apply for ILR as a long resident (under current rules)

[Catchdips]

Thanks manic. That really helps

[curiouscrab]

Hi manci

Below is the reply from home office.

"Applications for Tier 2 (Intra-Company Transfer) Visas made [u]on or after the 6th April 2010[/u] are not on a route to settlement."

Should I consider my chances closed??

[manci]

@curiouscrab
you quoted the HO reply but what was the question you asked?

[curiouscrab]

@Manci

Below is my Query:



I am writing in regard to check my eligibility for ILR. My Initial VISA Application was made on 6 April 2010 and i have been staying continuously in the UK from that period.

Attached is a Scanned page of VISA Stamped Page(Entry Clearance VISA)

Below are more details:

Name:
Passport No:
Date of Birth:
Home Office Reference Number:
Address:
Contact:

[manci]

@curiouscrab
since you told them that you applied on 6 April the answer you got was only to be expected.
This all hinges on the application date and there may be some uncertainty about this because your first application was in fact in March.

If I were you I would write to the HO again giving them just
Name:
Passport No:
Date of Birth:
Home Office Reference Number:
Address:
Contact:

and ask if you are eligible for ILR.

[curiouscrab]

@manci

Thanks for that. But I mentioned 6th march because, that was the date i had submitted my first application to VFS. My CoS was created in March.

[manci]

The date of application outside of the UK is the date on which you either pay for your visa
application in ‘online’ process countries, or in countries where there is no online process, the date
you attend the Visa Application Centre to hand in your application.

[curiouscrab]

Right. So that date is 06/04/2010.

[susan0x]

@Manci, As curiouscrab has Tier 2 Migrant which has ILR so my questions is
Does Application date matter, if VISA type has ILR

[Gopi1981]

Hi,

Could someonce please help me, whether ILR elgibile after completion of 5 years?

My Visa details are below and working continuously in UK without any breaks from 20-DEC-2010.

1) TIER 2 (ICT) ESTABLISHED STAFF from 13-DEC-2010 to 03-JAN-2013.

2) TIER 2 ICT LONG TERM LEAVE TO REMAIN until 16-DEC-2015.

Thanks much in advance.

[manci]

@Gopi1981
unfortunately you are not eligible for ILR on the 5 year route

[curiouscrab]

Hi Manci

I called UKVI, and for ILR eligibility they are asking the Date of Application only. They say the VISA type as on VISA Stamp will not matter.

My Date of Application (day when i submitted the documents to VFS) is 6th April 2010.