Tier-2 ICT Visa Extension

[vnsarvind]

I have following UK visa history:

Visa Validity Duration -- Visa Category -- Staying Duration in UK
"3rd June 2016 to 2nd June 2016" -- Tier-2 ICT Short Term " -- 3rd June 2016 to 19th May 2017"
1st August 2017 till 30 July 2021 -- Tier-2 ICT Long Term -- 1st August 2017 & till visa validity

Since my visa is about to expire in July, so I asked my employer to extend my visa. I got response from employer that I have been in UK for 5 years, so my Visa can't extend.

I went through https://www.gov.uk/intracompany-transfer-worker-visa & found below rule:

The maximum total stay allowed for an Intra-company Transfer visa is:
5 years in any 6 year period if you’re paid less than £73,900 a year
9 years in any 10 year period if you’re paid £73,900 a year or more

My Question is : There is BREAK of UK residency / Visa in 2017 (3rd June 2017 to 30 July 2017), I was not resident of UK, so will the above 5 years rule count in my scenario ? Did I not stayed in UK only 4 years in continuity ?

[CR001]

You cannot hold a tier 2 ICT visa for more than 5 years, including the short term visa time.

Your employer is correct.

Also, last year you posted you were applying for tier 2 general??

uk-tier-2-employer-sponsored-visas/comm ... l#p1892065

uk-tier-2-employer-sponsored-visas/tier ... l#p1880499