Tier 2 to ILR Case?

[Jai_Sept]

All,

I have seen various threads on this topic but I am still confused hence need help.

I am in UK since 2008 but on various WPs and in / out of UK in between. I want to explore when I can qualify to apply for ILR. Below are my Visa detail and In/out duration:

Visa Duration
7-Mar-08 31-Dec-09 Work Permit
29-Jun-10 4-Jul-13 Tier 2 - Established Staff
14-Jun-13 21-Jun-16 Tier 2 - ICT

In/Out duration
S/No In/Out of UK From To
1 In 10-Apr-08 31-Dec-08
2 Out 31-Dec-08 20-Jan-09
3 In 21-Jan-09 19-Dec-09
4 Out 20-Dec-09 10-Jul-10
5 In 11-Jul-10 11-Aug-14

Queries:
1. Can I qualify for ILR starting from Apr 2008 though I was out of UK between Dec 2009 - Jul 2010 (>200 days) ?
2. I don't think I can qualify for ILR in Jul 2015 (though I will be continuously in UK for 5 years) as my Visa was granted in Jul 2010? Please confirm
3. One option is to change to Tier 2 (G) and wait for another 5 years?
4. Another option (though unlikely) continue with current employer on Tier 2 ICT till 2020 (to qualify via 10 years route)?
5. Any other option/route to get ILR ? (else I have start thinking of packing/returning back )

Please suggest/Thanks in advance

[Obie]

Yes the Dec 09-Jul 10 absence was very excessive, or else you would have qualified for ILR.

Other issue is the one issued in July 2010 was after the 6April 2010, or it cannot lead to ILR.

Option is to stay Tier 2 (ICT) or switch to Tier 2 (G)

[Jai_Sept]

Hi Obie,

Thanks for your response.

In that case:

a. I have to wait min for another 5 year for ICT 2 (G) route, and
b. I have to change employer for switch for ICT 2 (G) as I cant change to General with current employer?

Cheers,
Jai

[Amber]

Was there any compelling reason for the absence - 4 Out 20-Dec-09 10-Jul-10?

[Jai_Sept]

Was there any compelling reason for the absence - 4 Out 20-Dec-09 10-Jul-10?

Hi Amber,

As such, there was no compelling reason as my assignment was over here and though I could have continued here I returned back to India and worked for same client from offshore, and then came back in Jul'10 for different client/different Visa(same employer).

Seems I missed the chance because my absence between Dec'09-Jul'10 or there is any way I can justify my absence?

Thanks in advance

[Amber]

Absences of more than 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

See also, https://www.gov.uk/government/uploads/s ... pdf#page28

However, you can split the dates, so put a start date as, 18 June 2008.

From that work out if absences exceeded 180 days in any 12 month period. So, 18-Jun-09 - 18-Jun-10 etc...

Note also,

Intra-company transfer migrants
A migrant can apply for settlement when they have been in the UK for five years if they:
 previously applied under a Tier 2 (ICT) category before 6 April 2010, or
 switch into that category from being an ICT work permit holder.
You must refer to paragraph 254GF of the Immigration Rules when you read the following
instructions.

[Jai_Sept]

Absences of more than 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

See also, https://www.gov.uk/government/uploads/s ... pdf#page28

However, you can split the dates, so put a start date as, 18 June 2008.

From that work out if absences exceeded 180 days in any 12 month period. So, 18-Jun-09 - 18-Jun-10 etc...

Note also,

Intra-company transfer migrants
A migrant can apply for settlement when they have been in the UK for five years if they:
 previously applied under a Tier 2 (ICT) category before 6 April 2010, or
 switch into that category from being an ICT work permit holder.
You must refer to paragraph 254GF of the Immigration Rules when you read the following
instructions.

Hi Amber,

Thanks, let me recalc and will ping again if any clarification is required.

Alternatively, if this option is ruled out, then only option left out is :

a. I have to wait min for another 5 year for ICT 2 (G) route, and
b. I have to change employer for switch for ICT 2 (G) as I cant change to General with current employer?

Regards,
Jai

[Jai_Sept]

However, you can split the dates, so put a start date as, 18 June 2008.

From that work out if absences exceeded 180 days in any 12 month period. So, 18-Jun-09 - 18-Jun-10 etc...

[/quote]

Hi Amber,

While splitting the dates, are the dates to be counted backward (from 2014) or I can indicate my application date to start from Jun 2008 onwards? I think as splitting depends on application date, I can split my 202 days (between Dec'09-Jul'10) easily if I opt for Jun 2008 month but not sure which way year calculations starts?

Please suggest

[Obie]

Was your work permit issued on the basis that you are a subject of an intra company transfer or not.

[Jai_Sept]

Was your work permit issued on the basis that you are a subject of an intra company transfer or not.

ur

Hi Obie,

Not sure if I understood your query but below are my Visa details (if it helps):

Visa Duration
7-Mar-08 31-Dec-09 Work Permit
29-Jun-10 4-Jul-13 Tier 2 - Established Staff
14-Jun-13 21-Jun-16 Tier 2 - ICT

Regards,
Jai

[Obie]

Assuming Amber's idea is workable, i am simply checking whether the work permit you were issued was to work with the same company you are working with now, on an intra-company transfer basis

[Jai_Sept]

Assuming Amber's idea is workable, i am simply checking whether the work permit you were issued was to work with the same company you are working with now, on an intra-company transfer basis

Hi Obie,

Yes, I am with same (Indian IT) company since Apr'2008.

Regards,
Jai

[Obie]

Were you transferred from one of their company to the UK branch.

[Jai_Sept]

Were you transferred from one of their company to the UK branch.

Hi,

Let me attempt to answer in detail if this helps:

a. I am with same Indian IT company throughout
b. My 1st Visa ( 7-Mar-08 to 31-Dec-09->Work Permit) was for one of the UK Bank I worked for
c. I returned to India Dec 09 and worked for same client from offshore
d. I came back to UK in Jul 2010 for another client (with same IT company) and Visas/stay in UK is continuing since then [29-Jun-10 4-Jul-13->Tier 2 - Established Staff followed by 14-Jun-13 21-Jun-16->Tier 2 - ICT]

Hope this clarifies?

Cheers & Regards,

[Obie]

My colleague suggested you readjust the date you are claiming as the qualifying period in order to reduce the period you spent overseas, for the purpose of the qualifying period.

Assuming you can do that, the next hurdle to overcome is this.

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

I will not focus on visa issued under the rules in place before 6th April 2010, as you clearly do not meet that requirement.

if you can confirm you qualify under the above, then perhaps Amber's Idea may assist you.

[Jai_Sept]

My colleague suggested you readjust the date you are claiming as the qualifying period in order to reduce the period you spent overseas, for the purpose of the qualifying period.

Assuming you can do that, the next hurdle to overcome is this.

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

I will not focus on visa issued under the rules in place before 6th April 2010, as you clearly do not meet that requirement.

if you can confirm you qualify under the above, then perhaps Amber's Idea may assist you.

Hi Obie/Amber,

Is there any email/contact number I can reach out to you for further clarifications?

Thanks
Jai

[draveshiya]

Hi Jai,

If you have continuous visa and have around 202 days of gap, I believe if you could break your gap in 2 years so that your total absence <180 days in a year, you should be fine. I have come across multiple cases on this forum similar to yours and they were granted ILR.

If you need further info please ping me, I may be able to assist you.

Thanks

[Jai_Sept]

Hi Jai,

If you have continuous visa and have around 202 days of gap, I believe if you could break your gap in 2 years so that your total absence <180 days in a year, you should be fine. I have come across multiple cases on this forum similar to yours and they were granted ILR.

If you need further info please ping me, I may be able to assist you.

Thanks

Hi Draveshiya,

Thanks for response.

Usually how the duration of application is considered, I guess backward from day of application? If yes, hope I should be ok as per below details of mine?

Visa Duration
7-Mar-08 31-Dec-09 Work Permit
29-Jun-10 4-Jul-13 Tier 2 - Established Staff
14-Jun-13 21-Jun-16 Tier 2 - ICT

In/Out duration
S/No In/Out of UK From To
1 In 10-Apr-08 31-Dec-08
2 Out 31-Dec-08 20-Jan-09
3 In 21-Jan-09 19-Dec-09
4 Out 20-Dec-09 10-Jul-10
5 In 11-Jul-10 11-Aug-14

Thanks in advance?

[Obie]

Hi Jai,

If you have continuous visa and have around 202 days of gap, I believe if you could break your gap in 2 years so that your total absence <180 days in a year, you should be fine. I have come across multiple cases on this forum similar to yours and they were granted ILR.

If you need further info please ping me, I may be able to assist you.

Thanks

Unfortunately it is not as simple as that.

Different rules applies to Tier 1 and Tier 2.

Tier 2 applicant can only acquire ILR is very limited circumstances.

There are rules in place for those who secure Tier 2 prior to 06/04/2010 and those that were working with their company on work permits on an Intra-company basis.

Therefore OP's application is not a Black and white application, certain facts will need to be established.

[Jai_Sept]

All,

I am assuming that ILR is not possible for my case (7-Mar-08 - 31-Dec-09->Work Permit : 29-Jun-10-4-Jul-13 Tier 2 -> Established Staff: 14-Jun-13 21-Jun-16 -> Tier 2 - ICT)

And only option now is to wait for 10 year route?

Regards,
Jai

[draveshiya]

HI Jai

I agree with Obie, if visa is granted after 6 April 2010 there is no way ILR could be processes for Tier 2 ICT unless you switch you Tier 2 General. Was your original visa was valid when you applied for your visa in June 2010?

Thanks

[Obie]

Furthermore when OP left in December 2009, he did not have any leave to remain, so there is no question of splitting.

He break his continuity and started again in July 2010.

However because he obtained Tier 2 established staff before April 2011, he is able to switch to a new employer under Tier 2 General, and start the clock again, provided he can get 50 points.

[Jai_Sept]

Hi Obie/All,

Thanks for helping me.

As it is clear that ILR is ruled out now on current Visa, I have to start gathering info about Tier 2 General route as it seems like a big step to change/find new employer. Moreover, I want to avoid getting trapped by umbrella companies hence not sure of the exact approach.

May be time for me to start a new thread here for advice on switching from ICT-> General category?

As of now, my 6th sense says ILR is not meant for me

Cheers,
Jai

[Obie]

To be honest with you, try not to get too stressed. You came back in 2010, you have done over 4 years, soon you will reach 5 years, provided your employer are ready to put up with you and UKVI are ready to extend your visa up to 2020, you will be fine to apply.

If you seek a new job, then get sponsorship, and then apply. this may take weeks or month, and at the end of the day, by the time you have spent 5 years, it will make no difference, as yo would have completed 10 years in accordance with the long residence provision.

[Jai_Sept]

Hi Obie,

I was going through below URL and it talks about some 6 years CAP on Tier 2 Visa:

http://www.immigrationboards.com/uk-tie ... 62559.html

As per this, If I swtich to Tier (G), my case also will fall under same category and I cant extend beyond 2016 (from 2010 - 2016)?

Regards
Jai