Applying extension under Tier 2 ICT

[globalindian]

Hi,

I am currently under extension of my work permit. The history goes as below:
Got UK Work Permit: Jan 2008 Travelled to UK in April 2008. (Validity 2 years)
Got Extension on the WP : From Jan 2010 till Jan 2011.( validity 1 Year)
Got second extension on WP: From Feb 2011 till Jan 2013. (validity 1 year 11 months)

I am currently in UK for the last 6 months and plan to apply for further extension of my WP. Can you please let me know if there is any restriction / rules for application of the WP / Tier 2 ICT Visa under the new rules for 2012?

Considering my situation above is there any threat or concern for renewing or applying for another Extension? What is the maximum time for which we can get the extension?

Kindly help.
Thanks in advance.

[manci]

Hi

Since you entered the UK before April 2010 you are entitled to apply for Indefinite Leave to Remain (ILR). This is assuming your work permit was not multiple-entry. There is no change in the new rules in this regard.

ILR requires 5 years continuous residence.

You had leave from January 2008 and you entered the UK in April 2008. Your present leave is until January 2013. You did not say what the actual dates are but I expect your total leave is 5 years.

Come January 2013 you will not actually have been in the UK for 5 years. However the following, which is subject to checking the actual dates, may apply in your case, see
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary:

[Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

If this applies to you, i.e. there was 3 months or less between the "valid from" date of your 2008 visa and the April 2008 entry stamp in your passport, then your 5 year residence period ends on .[....] January 2013 and you can apply for ILR from 28 days before that date, but not later than that date.

[globalindian]

Thank you Manci. However I am sure that I will not be eligible as I have gaps in between the 5 years period which total up to 9 months. So unfortunately I will not be apply for ILR.

My query is if we can apply for another extension on top of the current extensions? Can you please advise that based on the dates as provided earlier if I will be eligible to apply for further extension or do I need to go back to India for a cooling off period and then reapply for a fresh Tier 2 Visa under the new category?

Thanks.

Hi

Since you entered the UK before April 2010 you are entitled to apply for Indefinite Leave to Remain (ILR). This is assuming your work permit was not multiple-entry. There is no change in the new rules in this regard.

ILR requires 5 years continuous residence.

You had leave from January 2008 and you entered the UK in April 2008. Your present leave is until January 2013. You did not say what the actual dates are but I expect your total leave is 5 years.

Come January 2013 you will not actually have been in the UK for 5 years. However the following, which is subject to checking the actual dates, may apply in your case, see
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary:

[Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

If this applies to you, i.e. there was 3 months or less between the "valid from" date of your 2008 visa and the April 2008 entry stamp in your passport, then your 5 year residence period ends on .[....] January 2013 and you can apply for ILR from 28 days before that date, but not later than that date.

[manci]

If you are ineligible for ILR you can apply for a further extension. The current (April 2012) rules are:

http://www.ukba.homeoffice.gov.uk/sitec ... dance2.pdf

Applications for Leave to Remain

28 If you are already in the UK and were last granted leave in one of the categories listed below:
• Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6 April 2011,
• Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010,
• Intra-Company Transfer work permit holder (except multiple entry work permits),
AND
• You have not since been granted leave to remain, entry clearance or leave to enter in any other route;

you can apply to extend your stay in the Long Term Staff sub-category and are exempt from the Long Term Staff sub-category rule regarding the total length of stay of 5 years.

[globalindian]

Thank you Madam. This was indeed very useful.

Cheers

If you are ineligible for ILR you can apply for a further extension. The current (April 2012) rules are:

http://www.ukba.homeoffice.gov.uk/sitec ... dance2.pdf

Applications for Leave to Remain

28 If you are already in the UK and were last granted leave in one of the categories listed below:
• Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6 April 2011,
• Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010,
• Intra-Company Transfer work permit holder (except multiple entry work permits),
AND
• You have not since been granted leave to remain, entry clearance or leave to enter in any other route;

you can apply to extend your stay in the Long Term Staff sub-category and are exempt from the Long Term Staff sub-category rule regarding the total length of stay of 5 years.