Help Required for Extension COS and ILR

[technoguy]

Hi,

I have query regarding eligibility for ILR. After reading most of the posts in the forum I have a fair bit of idea but needs more help for my specific case. So here are the details.

I received my First Work Permit letter with Date of issue 21 April 2008 with an occupation of Systems Analyst ad Salary £35713. Stamped Visa on my passport was Multi Entry Visa Valid from 09 May 2008 to 09 May 2010. I arrived in the UK on 17 May 2008.

So the date to be considered for ILR is 09 May or 17 May or 21 April ?

I travelled back to India on 22 Nov 2009 and arrived back to UK on the same Work Permit to work for a different client on 13 Feb 2010. During this period I was not paid UK allowance but was paid India salary. This is a Gap of 82 Days in total.

Am I still eligible for ILR with this Gap?

I received Extension COS with start date 10 May 2010 and end date 10 May 2011 with Job title as Systems Analyst and Salary £35864. Now the client name is different, although my initial WP didn’t had a client name on it. I received my ICFN under Tier 2 (ICT Established Stag of PBS). I travelled outside UK on Schengen Visa from 11 Nov 2010 to 15 Nov 2010. This is a Gap of 5 Days.

I received a promotion meanwhile, so my next extension was applied as Change of Employment COS by the same company for the same client. My Job role was changed to Web Administrator from Systems Analyst and the annual salary was £40429. COS was valid from 11 May 2011 to 11 Nov 2012. I received my BRP under Tier 2 (ICT Long Term Staff). I have made a travel outside UK from 9 Dec 2011 to 9 Jan 2012, a total gap of 31 Days. But I was being paid UK allowance.

Now at the end of my present Tier 2 COS I will be short of around 6 Months of UK Stay if I am eligible for ILR. There is a good possibility of a new extension being issued. So what can be the maximum duration of Stay for me as I originally entered UK with a WP Visa? As it is 5 years for the new cases if the limit is also 5 years for me then I can get can extension of only 6 Months and with new extension I will be short of few days for my 5 Year stay in UK. Also with all the stay outside UK considering no stay was longer than 90 days in a year at a stretch and total stay outside UK over 4.5 years was less than 180 days will it present a problem? As my role has also changed in COS will it be a problem?

Thanks in advance!!

[Lucapooka]

MEWP does not lead to settlement and time spent on this can't be aggregated, so you can't count the period before May 2010. Your ILR residence period began when you switched to Tier 2 (ICT)

[technoguy]

MEWP does not lead to settlement and time spent on this can't be aggregated, so you can't count the period before May 2010. Your ILR residence period began when you switched to Tier 2 (ICT)

Thanks for your prompt reply. And it was eye opener for me to post in this forum. So my ILR period starts from May 2010. So is it okay if there is a change in role in my COS? And now considering my initial 2 years doesn't count towards the ILR now I am short of 2.5 years. So is there is a limit on the number of extensions I can have as now I will need to fill 2.5 years to be eligible for ILR. Also is there is any way to appeal against MEWP to be excluded from ILR as I was in the UK working for these 2 years and it was only way to get long term staff to UK.

[Lucapooka]

You can extend as often as your wish, if you meet the requirements for extensions. I can't comment on your change of role as I don't know the circumstances. If you want to instigate a judicial review of the exclusion of MEWP, that is your prerogative.

[technoguy]

I have now check my WP Paper and the WP Visa stamped on my passport. I am now confused if it is a MEWP.

In my WP Paper MEWP is not mentioned. At the back side I can read that MEWP, TWES and SBS permits are indicatd in he top left hand corner of the permit. So there is no indication in my paper Premit.

How I though that I have a MEWP by from my Visa stamped on the passport. From the VISA stamp

Number of entries = MULT
Type = VISA WORK PERMIT
No recourse to public funds.
Work (and any changes) must be authorised.

Does it means this is a MEWP? My case is similar to the one posted here. http://www.immigrationboards.com/viewto ... 630e319614

So can anybody please confirm if my WP is MEWP. Will take it from there. Thanks for your help.

[manci]

MEWP does not lead to settlement and time spent on this can't be aggregated, so you can't count the period before May 2010. Your ILR residence period began when you switched to Tier 2 (ICT)

Can time on a multiple-entry Tier 2 ICT CoS before 6 April 2010 equally not be aggregated? 245GF is silent so it seems that it can. Do you agree?

[magelenn]

MEWP does not lead to settlement and time spent on this can't be aggregated, so you can't count the period before May 2010. Your ILR residence period began when you switched to Tier 2 (ICT)

Do you know whether PSW 2 years' work is counted towards leading to settlement? Or does my ILR starts from the day I switched to Tier2 General Skilled Worker BRP? I am still working for the same licensed sponsor and the same job and salary as in per my CoS - 35K.

Please respond! Thank you in advance!

[manci]

So can anybody please confirm if my WP is MEWP.

Your work permit is not a MEWP.

As you said, had your work permit been an MEWP this would have been noted on the top left of the work permit. The MULT on your visa stamp simply means that you can travel in/out of the UK as many times as you wish within the validity of the visa.

You are not the only one who has been confused by UKBA's unfortunate use of words in this instance. MEWPs were for people based abroad who needed to travel to the UK frequently for work.

[technoguy]

So can anybody please confirm if my WP is MEWP.

Your work permit is not a MEWP.

As you said, had your work permit been an MEWP this would have been noted on the top left of the work permit. The MULT on your visa stamp simply means that you can travel in/out of the UK as many times as you wish within the validity of the visa.

You are not the only one who has been confused by UKBA's unfortunate use of words in this instance. MEWPs were for people based abroad who needed to travel to the UK frequently for work.

Thanks it has been a big relief. Otherwise I would have lost 2 years or UK experience. Even one more thing I read was if it is MEWP than extension cannot happen within UK. For extension person has to travel outside UK and reapply. In my case extension happened from within UK. So it is pretty safe to assume it is not MEWP

As it is not MEWP now can you please read my original first post and please help me with the answers. You can take your time really. Thanks in advance!!

[manci]

Do you know whether PSW 2 years' work is counted towards leading to settlement?

Please don't hijack topics if your query is not directly related.

The answer to your question is NO, see the guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[manci]

As it is not MEWP now can you please read my original first post and please help me with the answers.

Please read the guidance which answers most of your questions:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Come back if something is not clear in the guidance

[technoguy]

As it is not MEWP now can you please read my original first post and please help me with the answers.

Please read the guidance which answers most of your questions:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Come back if something is not clear in the guidance

Thanks again for prompt reply. I have read this guidance before but I really wanted some expert to comment. But I will answer my queries as advised and if you can please verify them that should be okay.

So the date to be considered for ILR is 09 May or 17 May or 21 April ?
It will be 17 May when I entered UK but if there is a short fall in then “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.” So will it be counted from visa stamp date 09 May or the date when paper WP was issued 21 April? I guess 09 May?

Am I still eligible for ILR with this Gap?
As this gap is no longer than 3 months. It should be okay.

Other two stays outside UK will count towards the continues period as I am being paid UK salary.

Does role change present a problem?

[manci]

The five years are counted from the date you entered the UK which was 17 May 2008. The discretion to take into account the time between visa start date (9 May 2008) and actual entry date would only apply if your current visa expired on 9 May 2013. The absences seem to be acceptable. The role change is not a problem.

[manci]

MEWP does not lead to settlement and time spent on this can't be aggregated, so you can't count the period before May 2010. Your ILR residence period began when you switched to Tier 2 (ICT)

Can time on a multiple-entry Tier 2 ICT CoS before 6 April 2010 equally not be aggregated? 245GF is silent so it seems that it can. Do you agree?

[technoguy]

Guys need your help again!! Although I was hoping that I will be okay for ILR but with the new rules change there seems to be some complications now.

My company has applied to extend my LTR and has applied for an ICT extension for 6 Months. This will help me complete my 5 years of stay in the UK.

I have following queries.

1) New cos for extension has been applied as Tier 2 SW - ICT (Short Term). So does short term a problem if applying for ILR? Can I have another extension from Short Term to Long Term ICT again? Will I be able to switch from Tier 2 ICT (Short Term) to Tier 2 general from within the UK? Will it be restricted or unrestricted COS? After switching will I be eligible to apply for ILR at a later stage if rules on that day permit?

2) I was outside UK for the following days.

First Gap = 82 days. UK salary not paid. India salary paid. Can I have it as a serious and compelling reason as I got married and mother had an operation? Or I declare it annual leave as I was paid India Salary or a Business Trip?

Second Gap = 5 days. Holiday to Europe.

Third Gap = 31 days. Annual leave.

I presume Second and Third Gap will require a letter from Employer stating as annual leave.

Thanks.

[manci]

My company has applied to extend my LTR and has applied for an ICT extension for 6 Months.

1) New cos for extension has been applied as Tier 2 SW - ICT (Short Term).

According to your earlier post your T2 ICT Long Term Staff leave expired on 11/11/2012. What is your present immigration status?

One cannot switch from T2 ICT Long Term Staff to Short Term Staff.

[technoguy]

Thanks manci for your reply. My company has applied for an extension cos and an extension ltr. When i got hold of the extension application papers it was type ict short term. Did not received my brp yet but have given biometrics. So call for biometric may mean that it was a successful application.

[manci]

Thanks manci for your reply. My company has applied for an extension cos and an extension ltr. When i got hold of the extension application papers it was type ict short term. Did not received my brp yet but have given biometrics. So call for biometric may mean that it was a successful application.

Applications normally only go to the caseworker after biometrics have been done.

[technoguy]

So do you see a problem with my leave extension. From ICT Long Term to Short Term?

Also please could you help me with the 82 days gap query.

[Jeeves]

So do you see a problem with my leave extension. From ICT Long Term to Short Term?

Paragraph 245GD(c) of the Immigration Rules states:
"if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff sub-category, and

(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave."

[technoguy]

Thanks Jeeves. I presume that by leave to remain it means an extension application and not a fresh application.

According to the rules I may not be eligible for leave to remain in ICT ST category as I never had this category. I entered as a WP holder and then ICT LT staff.

Please can you confirm that my understanding is correct. If this is the case my extension application may be refused and then is there's a way to appeal or make a fresh application?