ICT Extension (Established Staff )

[shiney]

Hi Team,

I am just a bit confused now as today i got some other information from my companys lawyer. Hence wanted some clarifications around the rule.

Here are my details.
1. Submitted my first visa application (for the Established Staff visa); 28 July 2010
2. Switched from the Established Staff category to the Long Term Staff category; 20 Aug 2013

Currently on Tier 2 ICT Long Term Staff Leave to remain current visa is till 03 Sept 2016.

My understanding was that since i had Established staff visa as it was issued before rules of April 2011 i can extend my visa as long as i want, possible within 10 year route i should be able to apply for an ILR. Is this understanding correct ?

The lawyers response was
Shiney will be limited to a maximum of 5 years under the Tier 2 ICT Long Term Staff route. There is no limit on the number of extensions an individual can apply for under Tier 2 ICT where they were initially granted leave under Tier 2 (Intra-Company Transfer: Established Staff) under the Rules in place before 6 April 2011 and they have not since been granted leave to remain, entry clearance or leave to enter in any other route. Unfortunately, although Shiney was initially granted leave under Tier 2 (Intra-Company Transfer: Established Staff) under the Rules in place before 6 April 2011, he has since been granted leave to remain under the Long Term Staff route and this exemption will therefore not apply.

Shiney will however be able to make an application to extend his Tier 2 ICT Long Term Staff visa up to the maximum five year period until August 2018.

Is this correct ??.

Kind Regards,
Shiney

[poper]

Hi Shiney

You can extend indefinitely within UK with the same sponsor as your initial leave was before April 2011.
All Tier 2 Established Staff visas would've extended to Tier 2 ICT Long Term visa as the former ceased to exist.
What your lawyers are quoting is not true(better get hold of someone competent/better if you still need professional advice)

poper

[inlondon123]

Shiney,

I personally know many people who came on Tier 2 Established staff between April 2010 to April 2011 and though they were then extended to Tier 2 ICT Long term with the same employer (within UK) - the rules applicable for them for maximum extension is that of Established Staff only i.e. they can extend as many times as they want with the same sponsor.

So your lawyer seems to be giving inaccurate information.

Regards