T2 ICT issued in 2009 but renewed in 2011

[Shwe]

Hello Experts,

I had T2ICT visa issued in Oct 2009. But it was renewed in Sep 2011 and then in Oct 2012 till nov 2013. Now I'm planning to switch to T2 general. I have got sponsorship from an umbrella company.

According to the new rules, the entry clearance should have been before 6 april 2011. I need to know if I'm eligible to switch to Tier 2 General as my visa was renewed in 2012. all the renewals were in the UK.

Thanks,
Swaby

[Jeeves]

Paragraph 245HD(c) of the Immigration Rules states:

An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.


As long as you meet the above you can switch into Tier 2 (General).

That said, the whole 'umbrella' company setup is of questionable legality. The sponsor is supposed to be the one that determines what your duties will be. If they're just letting you get contracts for someone then, in my opinion, they're breaching the rules and liable to have their licence taken away (at which point your visa would be revoked).

[Shwe]

Thanks Jeeves for your reply. I read these immigration rules, however I have a doubt on point 2 which states -

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

Does this mean my later renewals will be considered as new grant of "entry clearance"?

As per my understanding since I got both renewals done inside UK, I was not not granted any new entry clearance and my current visa will be considered as one given before 6th April 2010.

TIA
Swaby