ILR possibility enquiry

[sh2rm201]

I have been granted Tier 2 ICT Established Staff visa on 8-Apr-2011 for 2 yrs until 31-Mar-2013. And post that when applied for VISA extension I was given 1 yr visa valid until 18-Apr-2014. I can apply for another visa extension for 2 yrs. Now, I read on my posts regarding the Tier 2 ICT rule changes for leaves granted post 6-Apr-2011 as there is no longer a possibility of ILR. The only exception is that if a) you had qualifying work permit, or b) Tier 2 ICT stamping prior to 6-Apr-2010.

My queries are -
a) will date of CoS (11-March 2011) or date of Visa stamping (8-Apr-2011) be considered - for when I was granted leave to enter?
b) as I received my first visa as ICT Established Staff category - do I still have a chance to apply for ILR post 5 yrs stay (2016)?

Can someone please advice?

[manci]

as I received my first visa as ICT Established Staff category - do I still have a chance to apply for ILR post 5 yrs stay (2016)?

unfortunately not as you didn't have T2 ICT leave under the rules before 6 April 2010. However, you could switch to T2G if you change sponsor and that would make you eligible for ILR after 5 years on T2G.

[sh2rm201]

Many thanks for the reply.
Can I switch to T2G from within UK? Or, I have to go back to India? Also, if I have to go back then do I need to serve any cooling off period before applying for T2G?

[manci]

Many thanks for the reply.
Can I switch to T2G from within UK? Or, I have to go back to India? Also, if I have to go back then do I need to serve any cooling off period before applying for T2G?

since your initial leave was T2 ICT Established Staff you can switch to T2G in-country and if you do that there is no cooling-off

[sh2rm201]

This is such a big relief for my family, especially for my 12 yr old boy who is studying in Yr7 here.

I have 2 more things to clarify please -
1. I hope I can still continue with my current employer and get visa extended for another 2 yrs. Am I write in assuming this?
2. Will I still be eligible to apply T2G and change sponsor within UK before the end of next 2 years?

My first visa I received was WorkPermit (multiple entry) from Dec 2008 to Nov 2010. And then I had gone back to India before coming back in UK in April 2011. The only reason I did not mention about it earlier as I assumed that a break of 5 months would have break my continuity. Am i correct?

Will the above impact anyways to my eligibility for applying T2G from within UK?

[manci]

1. there is no limit to the number of T2 ICT extensions you can have subject to your employer wanting to continue employing you and otherwise meeting the requirements

2. under current rules you can switch from T2 ICT to T2G at any time provided you find a sponsor and meet the T2G requirements

[vedcyru]

HI,
I have been granted ICT Tier 2 (Employer sponsored) visa in March 2010 but I entered in UK in FEB 2011.
If I manage to stay in UK till FEB 2016 then I will complete 5 years in UK.
IN that case, will I be able to apply for ILR? I have got visa in March 2010.
I checked UKBA site and found below info but still it is not clear to me.

(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:

(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

[manci]

@vedcyru
please don't post the same question on two threads

[sh2rm201]

Hi Manci,

You are a great help and asset to this forum and I must commend your efforts in responding to everyone's queries. I have few more doubts hence needs your advise please. A "yes/no" answer to the queries will suffice.

Below is my visa stamping history in brief -
a) Work Permit (Multiple Entry) - Dec 2008 - Nov 2010
b) Tier 2 ICT (Established Staff) - Apr 2011 - Mar 2013
c) Tier 2 ICT (Long Term Staff) - Apr 2013 - Mar 2014
d) Possible Extension for another 2 years on T2 ICT (LTS) - Apr 2014 - Mar 2016

You have already clarified that I could apply for T2 General from within 2 UK if I could find a sponsor.

My queries are -
a) When counting for 5 years stay in UK, will my first visa (WP) be taken into consideration?
b) If the above is yes, then, my break in continuity (between a and b), will it have a negative impact?
c) Am I restricted to a maximum stay of 5 years in UK on Tier 2 ICT (considering point b above)?
d) In T2 G policy guide, it says "(page 40) and you have not been granted entry clearance in this or any other route since" - how to interpret this please? Or, I should just ignore?

I apologies, if I'm repeating myself, but, it will give me enough clarity to plan for me and my family's future in UK. I really appreciate your help and cooperation.

[manci]

If you left the UK in 2010 and subsequently applied for entry clearance from your home country in 2011 then that would be a break in continuity making you ineligible for ILR as a T2 ICT migrant (except under the 10 year long residence rules).

If the visa you had in Apr 2011 was T2 ICT Established Staff then it was granted under the rules before 6 April 2011 therefore there is no limit to the number of T2 ICT extensions you can have subject to your employer wanting to continue employing you and you meeting all other requirements AND provided your April 13 visa was not entry clearance, i.e. you applied in the UK for an extension rather than for entry clearance from your home country AND any further extensions will also be applied for from the UK.

[Amber]

See also:

If the applicant’s leave expires whilst they are outside the UK and they apply for new entry
clearance more than 28 days after their previous leave expires, then the continuous period
is broken and leave is not aggregated.

[sh2rm201]

Thanks Manci.

Yes, my visa extension in April 2013 happened from within UK.
Yes, my next visa extension in April 2014 will also happen from within UK.

You quoted, no limit to the number of ICT extensions as I have T2 ICT (ES).
So, it would mean that I could stay even beyond 5 years if my employer continues to extend my visa from within UK post 2016?
But, it still won't make me eligible for applying an ILR after 5 years or more?

[manci]

So, it would mean that I could stay even beyond 5 years if my employer continues to extend my visa from within UK post 2016?
yes, under current rules (as already stated above)

But, it still won't make me eligible for applying an ILR after 5 years or more?
it would make you eligibly to apply in 2021 on the basis of long residence (under current rules)

I have also assumed that the quote by Amber (see above) applies to you as regards your 2010/11 absence from the UK

[sh2rm201]

Hi Manci,

I was reading the Long Residence and Private Life guidance and came across Examples of Continuous Residence section on page 16.

Example 2
A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005.
On 25 October 2005, before the previous leave expired, the person departs the UK.
On 5 January 2006 the person re-enters the UK with valid entry clearance as a student.

Question Has continuous residence been broken?
Answer No. The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than six months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

Is the above example ONLY applicable while applying for ILR on the basis of Long Residence stay (10 years)?

Reason I ask is , because
- my FIRST exit from UK in Nov 2010, while I was on Work Permit (multiple-entry), was BEFORE the actual expiry date of that leave. I left UK on 18th Nov 2010, whereas, the VISA was set to expire on 21st Nov 2010.
- then I re-entered UK in April 2011 with a fresh grant of leave (T2 ICT ES) and my stay outside the UK was less than six months (from 18th Nov 2010 to 23rd Apr 2011).

As it is contrary to one of the replies on this post made earlier - hence my query
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, then the continuous period is broken and leave is not aggregated.

[sh2rm201]

HHi Manci,

If If you could spare a moment and review my last post and as always provide your guidance please? Appreciate your help.

[manci]

- then I re-entered UK in April 2011 with a fresh grant of leave (T2 ICT ES) and my stay outside the UK was less than six months (from 18th Nov 2010 to 23rd Apr 2011).
this absence will not disqualify you on the 10 year route (long residence) provided you meet the other requirements as regards absences

If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, then the continuous period is broken and leave is not aggregated.
this only applies to the 5 year route (PBS) and it is the reason why your period on wp cannot be taken into account and therefore you are ineligible for ILR along this route )

[sh2rm201]

Many thanks once again Manci.

So for the long residence , will my continuous stay be counted from Dec 2008 (when I came for the first time on WP) or from April 2011 (when I came on T2 ICT ES)?

[manci]

Work Permit (Multiple Entry) - Dec 2008 - Nov 2010

are you sure that your wp was a MEWP? If it was this would have been stated on the wp. The fact that your visa allowed you multiple entries doesn't mean that the wp was a MEWP. MEWPs were issued to migrants based abroad who had to travel frequently to the UK.

[sh2rm201]

Thanks Manci.

I just checked on my passport it says -

Type -VISA WORK PERMIT
No of entries -MULTI

I might have misjudged if the above means MEWP. There is nothing mentioned anything like MEWP.

Can you advice please.

[manci]

you are probably mistaken. Check the actual work permit, not the stamp in the passport.

[sh2rm201]

Hi Manci I checked the original WE and ME is no where mentioned.

Under conditions governing the issue of this permit (on the back side) , on point 9 it states ... MEWP, TUES and SMS permits are indicated in the top left hand corner of the permit.

But no such wordings are mentioned on my WP.

Also on point 3 it states that this permit is valid for particular employment for which it is issued and supplementary employment. But MEWP and TWES holders are not allowed to take up supplementary employment.

So, I guess my WP is not MEWP.

Can you now advice please.

[manci]

your WP wasn't a MEWP.

So for the long residence , will my continuous stay be counted from Dec 2008 (when I came for the first time on WP) or from April 2011 (when I came on T2 ICT ES)?

from Dec 08 (under current rules)

[sh2rm201]

But still no ILR, even though it was WP and not MEWP ..... right?

[manci]

ILR eligibility on the 10 year route in Dec 18 or, if you switch to T2G now, 5 years from the grant of T2G leave in 2019

[vedcyru]

HI Manci,

I have got to know that I can apply for ILR 28 days before the completion of 5 years to visa stamping(if I have entered in UK within 90 days of visa stamping.)

i.e. my ICT Tier2 visa was stamped in 23/03/2010 and I entered in UK on 15/05/2010 (within 90 days) in this case I can apply for ILR on 26/02/2015 (28 days before 23/03/2015).

Can you please let me know if that's possible?
If yes then can I apply with Premium Service? or I need to complete 5 years in UK in order to use Premium Service?

Few days before I have asked you query as to when can apply at earliest for ILR.
1) My ICT Tier 2 visa was granted on 23/03/2010.
2) I came to UK on 15/05/2010.
3) I went back to INDIA on 20/09/2010 and then came back on 26/02/2011 (within 160 days). (After this my visa has been renewed couple of times. First in 23/03/2012 and second time 23/03/2014)
4) I had gone to INdia on leave in 25/01/2013 and came back on 17/02/2013.(22 days)

Please could you answer when can I apply for ILR at the earliest and can I use Premium service for the same.

Thanks very much in advance.

Regards,