T2-ICT established staff-T2-ICT longterm staff visa extesion

[optimistic21]

Hi there,

I came into UK in SEPT 2010 on T2 ICT visa (established staff) category with 3 year 1 month visa (was expiring in OCT 2013). In SEPT 2013, I extended my visa (in UK) further 2 year till OCT 2015 in T2 ICT (long term staff) category. I want to know whether I can extend my visa furher fro 2 or 3 years in same T2 ICT (long term staff) category (in UK or in IND).
If not in this category, can I go back to my home country (India) before my OCT 2015 & apply for T2 general visa with same sponser, if my sponser is elgible of course?

Please reply. thanks.

[manci]

you can extend your T2 ICT leave from the UK as many times as you wish with a new CoS each time.

[optimistic21]

Thanks a lot Manci for reply. But can you please clarify, what do you mean by new CoS?
A CoS from different employer (apart from current) or a new CoS from same employer will do?
If CoS from same employer will do then will it be same ICT category or should I need to apply in T2-Gen category??
Please reply.

[manci]

for any T2 visa application a CoS is needed.

If you are staying with your present employer you will need a new T2 ICT CoS to extend your leave in-country before your current leave expires in Oct 15. There is no limit to the number of further extensions you can have provided you remain with your current sponsor on T2 ICT.

If you want to move to a different employer you are eligible to switch to T2G in-country with a T2G CoS from them but then the max leave you could get would only be to Sept 16 (6 years from your initial T2 visa).

If you are thinking of applying from your home country you should be aware of the 1 year cooling-off period.

[optimistic21]

Hi Manci,

https://www.gov.uk/tier-2-intracompany- ... orker-visa

if you check on the link above, it says as below:

How long you can stay

You can come to the UK with a Tier 2 (Intra-company Transfer) visa for up to the maximum stay allowed for your visa type, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.

The maximum stay for each type of Tier 2 (Intra-company Transfer) visa is:
Long-term Staff: 5 years, 14 days
Graduate Trainee: 12 months
Short-term Staff: 12 months
Skills Transfer: 6 months


So is the above link outdated or superceded by new rules something like that??

[manci]

the link comprises the correct rules. Do you have a question?

[physicskate]

Hi Manci,

https://www.gov.uk/tier-2-intracompany- ... orker-visa

if you check on the link above, it says as below:

How long you can stay

You can come to the UK with a Tier 2 (Intra-company Transfer) visa for up to the maximum stay allowed for your visa type, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.

The maximum stay for each type of Tier 2 (Intra-company Transfer) visa is:
Long-term Staff: 5 years, 14 days
Graduate Trainee: 12 months
Short-term Staff: 12 months
Skills Transfer: 6 months


So is the above link outdated or superceded by new rules something like that??

This is for a SINGLE visa - it doesn't mean you cannot renew your visa, thereby extending it.

[optimistic21]

OK. So 5 years 14 days for long term visa is the max. duration of visa we can get applying first time or extending a visa (i.e. Single visa what you are calling it) Right? but where can I find those details on gov.uk website (stating that I can extend my visa as many times with a new CoS). It's not that I am not trusting you. Just I want to know as I am more curious to know these things.
Any link would help me!

[master14]

Hi optimistic21 , i sent you a message, did you get it?

[manci]

OK. So 5 years 14 days for long term visa is the max. duration of visa we can get applying first time or extending a visa (i.e. Single visa what you are calling it) Right? but where can I find those details on gov.uk website (stating that I can extend my visa as many times with a new CoS). It's not that I am not trusting you. Just I want to know as I am more curious to know these things.
Any link would help me!
para 192
https://www.gov.uk/government/uploads/s ... _07_14.pdf

[optimistic21]

in para 192 it says,
If you were previously granted leave as an
Intra-Company Transfer (ICT) work permit
holder or as a Tier 2 (ICT) applicant under
the Immigration Rules in place before 6
April 2011 and you have not been granted
entry clearance in this or any other route since
the grant of this leave there is no limit to the
total time you can stay in this sub-category.

Can you please clarify me the one in red.

[manci]

in para 192 it says,
If you were previously granted leave as an
Intra-Company Transfer (ICT) work permit
holder or as a Tier 2 (ICT) applicant under
the Immigration Rules in place before 6
April 2011 and you have not been granted
entry clearance in this or any other route since
the grant of this leave there is no limit to the
total time you can stay in this sub-category.

Can you please clarify me the one in red.
entry clearance means application made from outside the UK. If you extended your initial visa from within the UK this doesn't apply to you.

[optimistic21]

And 'previously granted leave' in above para means either entry clearance or extension (inside or outside UK). Is that right?.
But when did this rule come in existence that 'there is no limit I can apply for extension with new CoS.' Is it recently added or is it there since many years.

[manci]

And 'previously granted leave' in above para means either entry clearance or extension (inside or outside UK). Is that right?.
yes

But when did this rule come in existence that 'there is no limit I can apply for extension with new CoS.' Is it recently added or is it there since many years.

[optimistic21]

Hi, master14. I can't see your message. It says you are not authorized to see the message.

[rsfreitas]

Hello,

I'm in the T2 ICT from March 2011 (so before the April 2011 rules), which means I'm in the category that my VISA can be renewed again and again by the same company.
My questions are:
1) Can I transfer to T2 General in any way, without the 1 year cooling off?
2) Is there a way of applying for settlement? My HR mentioned a 'long term' route to apply for settlement, which would be 10 years under the T2 ICT, but I can't find info about it.

Thanks!!
Freitas

[manci]

Hello,

I'm in the T2 ICT from March 2011 (so before the April 2011 rules), which means I'm in the category that my VISA can be renewed again and again by the same company.
My questions are:
1) Can I transfer to T2 General in any way, without the 1 year cooling off?
yes, you can switch in-country to T2G if it is a different sponsor but if you do your stay will be limited to March 2017 (6 year cap)

2) Is there a way of applying for settlement? My HR mentioned a 'long term' route to apply for settlement, which would be 10 years under the T2 ICT, but I can't find info about it.
https://www.gov.uk/long-residence/overview

Thanks!!
Freitas

[shokaul]

Hello Guys,

i came to UK on 26th january 2011 On Intra company transfer (established staff visa) (before 6th april 2011) .I have 2 questions :

1)can i extend my visa after 5 years are completed in UK (which means can i apply for extension next year ,provided my company allot me COS)

2) Can i apply for ILR in any case?

I emailed both of these question to visalogic ltd ,and they replied that ICT people CAN only stay in UK for 5 years (regardless of the fact ,they came before 6th april 2011 or after).

Please can anyone throw some light on it ,i would be highly thankful to you guys


thanks
sk

[optimistic21]

Both of your questions are answered in above forum. So as per Manci's opinion you can extend your visa after 5 years.
I am not sure about your ILR. I think you are not eligible to apply for it under 5 yr. category. But you might be eligible to apply under 10 year category.
Hi Manci can you please confirm my above statements.

[manci]

Hello Guys,

i came to UK on 26th january 2011 On Intra company transfer (established staff visa) (before 6th april 2011) .I have 2 questions :

1)can i extend my visa after 5 years are completed in UK (which means can i apply for extension next year ,provided my company allot me COS)
you can extend your visa without any time restriction but will need a new CoS for each extension. See Immigration Rule 245GE(b)(v)(2)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

2) Can i apply for ILR in any case?
not on the 5 year route, only after 10 years (long residence)

I emailed both of these question to visalogic ltd ,and they replied that ICT people CAN only stay in UK for 5 years (regardless of the fact ,they came before 6th april 2011 or after).

Please can anyone throw some light on it ,i would be highly thankful to you guys


thanks
sk

[shokaul]

Thanks Manci,

you are an angel.


regards
sk

[arts99]

for any T2 visa application a CoS is needed.

If you are staying with your present employer you will need a new T2 ICT CoS to extend your leave in-country before your current leave expires in Oct 15. There is no limit to the number of further extensions you can have provided you remain with your current sponsor on T2 ICT.

If you want to move to a different employer you are eligible to switch to T2G in-country with a T2G CoS from them but then the max leave you could get would only be to Sept 16 (6 years from your initial T2 visa).

If you are thinking of applying from your home country you should be aware of the 1 year cooling-off period.

@manci I understand you maybe saying the max leave will be granted for up to 6 years due to the following:

245HE. Period and conditions of grant

(iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant (other than as a Tier 2 (Intra-Company Transfer) Migrant), and 6 years.

I think the thing to note in the above para is other than as a Tier 2 Intra-Company Transfer migrant. which seem to suggest overall that people who did come before Apr 2011 under the ICT established staff visa shall be able to switch into Tier 2 General and will be exempt from the 6 year rule.

Please correct me if I am wrong.

Thank you

[manci]

for any T2 visa application a CoS is needed.

If you are staying with your present employer you will need a new T2 ICT CoS to extend your leave in-country before your current leave expires in Oct 15. There is no limit to the number of further extensions you can have provided you remain with your current sponsor on T2 ICT.

If you want to move to a different employer you are eligible to switch to T2G in-country with a T2G CoS from them but then the max leave you could get would only be to Sept 16 (6 years from your initial T2 visa).

If you are thinking of applying from your home country you should be aware of the 1 year cooling-off period.

@manci I understand you maybe saying the max leave will be granted for up to 6 years due to the following:

245HE. Period and conditions of grant

(iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant (other than as a Tier 2 (Intra-Company Transfer) Migrant), and 6 years.

I think the thing to note in the above para is other than as a Tier 2 Intra-Company Transfer migrant. which seem to suggest overall that people who did come before Apr 2011 under the ICT established staff visa shall be able to switch into Tier 2 General and will be exempt from the 6 year rule.

Please correct me if I am wrong.
the rules changed on 6 November 2014, they are as you quoted them
Thank you

[arts99]

Thank you Manci.

As we all know Tier 2 Established staff category was abolished so anyone who came under that category would have got the extension under some other sub category; most probably Tier 2 ICT long term. Would this also qualify for switching into Tier 2 General and also exempt from the time they already spent under ICT towards the 6 years?

For example the person came in Dec 2010 under Tier 2 Established Staff and got the extension in Nov 2013 for 2/3 years as Tier 2 ICT Long term staff, so would he/she will be able to switch to Tier 2 General for a different sponsor and apply for upto 5 years even though he/she already has spent almost 4 years?

Thank you

[manci]

For example the person came in Dec 2010 under Tier 2 Established Staff and got the extension in Nov 2013 for 2/3 years as Tier 2 ICT Long term staff, so would he/she will be able to switch to Tier 2 General for a different sponsor and apply for up to 5 years even though he/she already has spent almost 4 years?
yes
Thank you