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Eligibility to remain in the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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gunjam
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Eligibility to remain in the UK

Post by gunjam » Mon Jun 26, 2017 7:37 am

Hi

I came into the UK for the first time in March 2012 on ICT Tier 2 Short term visa.
I went back to india in 2013 Feb and came in March on ICT Tier 2 Long term visa. I was on Tier 2 Long term as main applicant till April 2017 when I switched to Tier 2 dependent visa.
My dependent visa is valid till April 2018 and that is when I am expecting to apply for fresh ICT tier 2 long term visa as main applicant again through my current employer.
My question is if I manage to stay on that visa for another 4 years, will I be eligible for ILR as per the 10 year rule given there are no breaks longer than 180 days in an year.

Thanks

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CR001
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Re: Eligibility to remain in the UK

Post by CR001 » Mon Jun 26, 2017 7:41 am

The requirement for ICT long term is that you must have worked for your sponsor for 12 months in your home country as far as I am aware.
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gunjam
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Re: Eligibility to remain in the UK

Post by gunjam » Mon Jun 26, 2017 7:05 pm

My question is related to eligibility for ILR not Tier 2 Long term.
I am with current employer for last 7 years so getting another Tier 2 Long term visa wont be a challenge. Will I be eligible for ILr once I have completed 10 years on different visas I mentioned above.

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CR001
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Re: Eligibility to remain in the UK

Post by CR001 » Mon Jun 26, 2017 7:17 pm

You said :
and that is when I am expecting to apply for fresh ICT tier 2 long term visa as main applicant again through my current employer.
Which is what I based my reply on. This 'plan' won't work basically if you anticipate getting a Tier 2 ICT main visa after your PBS Dependent visa.

Also, the 180 days per year is not relevant to ILR based on long residence.
My question is if I manage to stay on that visa for another 4 years, will I be eligible for ILR as per the 10 year rule given there are no breaks longer than 180 days in an year.
Char (CR001 not Casa)
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gunjam
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Re: Eligibility to remain in the UK

Post by gunjam » Mon Jun 26, 2017 9:35 pm

I was with current employer from sept 2010 to march 2012 in india before they sent me here on ICT long term. Do I have to again spend 12 months in home company with current employer?

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CR001
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Re: Eligibility to remain in the UK

Post by CR001 » Mon Jun 26, 2017 9:40 pm

gunjam wrote:I was with current employer from sept 2010 to march 2012 in india before they sent me here on ICT long term. Do I have to again spend 12 months in home company with current employer?
Yes if you want an ICT visa.
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Re: Eligibility to remain in the UK

Post by gunjam » Tue Jun 27, 2017 12:07 am

Sorry about the cross questions but I need to make decisions based on understanding the immigration rules.
Are the rules for cooling off period different for applying ICT and tier 2 general?
As I understand​ I can apply for Tier 2 general from​ home country after being 1year on dependent visa in April next year. Is it not the same case for ICT?

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Re: Eligibility to remain in the UK

Post by CR001 » Tue Jun 27, 2017 7:11 am

12 month cooling off applies to both.

You are missing the point regarding ICT, you can't apply for ICT if you work for a UK employer in the UK. This has nothing to do with the 12 month cooling off period.
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gunjam
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Re: Eligibility to remain in the UK

Post by gunjam » Tue Jun 27, 2017 7:24 pm

Ok I understand your point. But how does it work when applying fot ICT long term immediately after ICT short term which I did through my same employer (their counterpart in home country)
How is the case different for PBS dependent?

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Re: Eligibility to remain in the UK

Post by CR001 » Tue Jun 27, 2017 7:26 pm

You are not on Tier 2 ICT short term so not sure of the relevance of your question. There is no ICT short term visa anymore anyway but ICT short term to ICT long term is permitted, it is the same category visa. PBS Dependent is different.
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