Tier 2 ICT Established staff to ILR

[Vram]

Hello,

I have a visa issued on Apr 4th 2011, under tier 2 established category, do I have a possibility of attaining ILR (after 5yrs of stay) or extending the visa beyond 5yrs of stay(though not qualified for ILR)?

¬ram

[manci]

you are not eligible for ILR on the 5 year route but you can extend your leave as many times as you wish if you have a new CoS for each extension.

[ilrcandidate]

Hi Manci,
Wouldn't the total number of years of stay be capped to 6 years as per the new rule? I guess there is still lot of ambiguity around this rule within the HO as well as people who are switching from ICT to tier 2 General seem to be getting leave extended to beyond 6 years.

http://www.immigrationboards.com/uk-tier-2-employer-
sponsored-visas/apr-14-change-in-rules-switching-from-t2-ict-to-t2g-t162559.html

[manci]

since Vram had T2 ICT leave under the rules before 6 April 2011 he can extend it indefinitely, there is no 6 year cap as long as he stay on T2 ICT

[ilrcandidate]

Yes sorry, I misread his original post and assumed that he wants to switch. If he can manage to get ICT extended until Apr-2021 (next to impossible thing if he is from an Indian IT company ), then he can apply for ILR in the 10 years route (provided rules don't change your until then).

[Vram]

Thanks a lot Manci and ILRCandidate appreciate your wide thought process though it also helps as well.

¬Ram

[ilrcandidate]

No problem mate - just another bit of information for you. If you return to your home country before the completion of 10 years, you can still keep your chances of 10 settlement route alive if you come back with a new entry clearance within 180 days.

https://www.gov.uk/government/uploads/s ... e-life.pdf

See the details on page 13/67, all the best!

Time spent outside the UK
Continuous residence is not considered broken if the applicant:

 is absent from the UK for 180 days or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals.

If the applicant had existing leave to enter or remain when they left and returned to the UK,
the existing leave does not have to be in the same category on departure and return. For
example, an applicant can leave the UK as a Tier 4 (General) student and return with leave
as a spouse of a settled person. Continuous residence is not broken as the applicant had
valid leave both when they left and returned to the UK.

[rickon]

Hi manci and ilrcandidate,

Thanks for such detail information. My visa issued on July, 2010, under tier 2 ICT Established staff category. Going through your post my understanding is I can extend my visa as many as years until my employer need me in UK. Am I correct ? However I have two clarification here.
1) As my current visa is going to expire on Sep 2014 can I again extend it for more two years ? If I continue same visa status for total 10 years + can I able to apply for ILR?
2) If any time in future I change my sponsor and change my visa to T2 General , shall I be considered for ILR ? If so, after how many years ?

Thanks
- Rickon

[manci]

@rickon
1. yes, yes
2. no, not even on the 10 year route because you could only get leave until July 2016

[vitonave]

Hi Manci,
just a small clarification on cap of 6 years while switching to T2 General from T2 ICT Established / Long term visa - does it mean we can apply for ILR at the end of that 6 years cap? i.e.
1) Jun-2010 issual of T2 ICT Visa with Established staff in India for 2 years,
2) Jun-2012 extension in UK as T2 ICT Long Term Staff for 2 years,
3) Jun-2014 extension in UK as T2 ICT Long Term Staff for 3 years
Now applying for T2 General through other sponsor in Jan-2015 - does it mean
a) T2 General will be granted till May-2016 only?
b) after May-2015 can apply for ILR ?

Thanks in advance
Kind Regards
Vito

[physicskate]

Hi Manci,
just a small clarification on cap of 6 years while switching to T2 General from T2 ICT Established / Long term visa - does it mean we can apply for ILR at the end of that 6 years cap? i.e.
1) Jun-2010 issual of T2 ICT Visa with Established staff in India for 2 years,
2) Jun-2012 extension in UK as T2 ICT Long Term Staff for 2 years,
3) Jun-2014 extension in UK as T2 ICT Long Term Staff for 3 years
Now applying for T2 General through other sponsor in Jan-2015 - does it mean
a) T2 General will be granted till May-2016 only?
b) after May-2015 can apply for ILR ?

Thanks in advance
Kind Regards
Vito

There was a rule change in the Autumn! The six year cap now only applies to switching into T2 General (basically). To obtain ILR either:
1) stay on T2 ICT Established Staff for 10 years and apply under long residence
OR
2) switch to T2G. Your 5 year clock to ILR would start. You would have a max of 6 years to meet the requirements of ILR.

[Baljikrish]

hi Manci,

Thanks for the information. As per the above thread I understand .

Tier 2 Established staff who came between 7th April 2010 & 6 April 2011 can extend any time with in UK under Tier 2 ICT category

Is it written anywhere in the UKBA websites ? I cant seem to find them.

I came to UK in 21st March 2011 as Tier 2 Established Staff and have extended my visas under Tier 2 ICT and my current visa expires in October and I hope my company will extend my visa.

Thanks
Balaji

[manci]

Is it written anywhere in the UKBA websites ? I cant seem to find them.
see p47 of the T2 policy guidance
https://www.gov.uk/government/uploads/s ... 3_2015.pdf

[samiyarabal]

I have a visa issued on Apr 5th 2011, under Tier 2 (ICT Established Staff) for 3 years then extended to Tier 2 (ICT - Long Term Staff) for 2 years which will expire on 20th April 2016

I would like to know whether visa extension is possible another 2 year? ,if yes ,I have to raise Tier 2 (ICT - Long Term Staff) or Tier 2 General ?

Am I eligible for ILR ,if I complete 5 year in Tier 2 (Established + Long Term) ?

Thanks for your support