Can anyone advise of the eligibility as per current rule?

[Aslam2010]

Need your kind help or assistance in clarifying my doubt regarding getting an ILR in Uk.

I am a Software Programmer working currently in UK.

I came to UK in Sep 2006 with the General Work permit and working in a client site here in Uk. Got my WP extended twice.
Also very recently, my Visa got extended under Tier 2 ICT and as per New Tier2 ICT rule, ILR cannot be taken by the fresh applicants. I hope i am extending my stay i am eligible to get the ILR.

1. I am under the same Sponsor and the client through out my stay here. And my concern is if i am changing the Client or the Job here in UK under the same sponsor, do i fall under the new Tier 2 ICT Fresh application which can prevent me from taking ILR in Sep 2011?

2. I have got a leaflet from home office along with my Tier 2 Extension that says the following details in Italics:

[i]Can i change Jobs with the same Sponsor?
You will also need to make a fresh application for leave to remain if you will be remaining with your existing sponsor, but one of the following applies:

- there is a change to your core duties which means you are moving to a job with the different Standard Occupational Classification (SOC) Code.
- there is a change to your core duties which means you are moving from a job which is currently on the Shortage occupation list to a job which is not on the shortage occupation list.

A change of employment applcaition is not required if you are remaining with the same sponsor and change jobs to a different job with the same SOC code, or your pay increases.

I don't have any idea to change my Sponsor but please let me know whether i can apply for the ILR if i continue with the following 2 cases

a. Same sponsor and (the Same Client)
b. Same sponsor and (the different Client)

As i need to make important decisions based on this, i would be grateful to you if you can clarify the above mentioned details for me.

Also please let me know the efficient way of getting the ILR with my current situation.

Also there is no SOC found in my extended Tier 2 ICT or ID card received this month.

If change the Job that will be another role as a Software Programmer with another client or Job under the same Sponsor.

Please let me know the eligibility as per the current situation regardless of any new rules of July 2011.

[geriatrix]

Please explain:
1, If you initially entered UK as a General Work Permit holder, how come your most recent extension was under Tier 2 (ICT)? It should have been under Tier 2 (General) .... unless you entered UK in 2006 as WP (ICT) migrant.
2. On what date did you apply for extension under Tier 2 (ICT)?

regards

[Aslam2010]

1. I have got WP for first 2 year until 06th sep 2008 and then company extended mw WP general as a Tier 2 until 06th Sep 2010. Total 4 years completion..
2. Got the recent extension until 19th Sep 2012. For this i have applied in first week of Aug. 2010.

[geriatrix]

1. I have got WP for first 2 year until 06th sep 2008 and then company extended mw WP general as a Tier 2 until 06th Sep 2010.

In Sep'08, did you apply for extension as Tier 2 (General) migrant or Tier 2 (ICT) migrant?


regards

[Aslam2010]

In Sep 08 it was Tier 2 (General) Migrant. In Sep 2010, it is Tier2 ICT..

[geriatrix]

In Sep 08 it was Tier 2 (General) Migrant. In Sep 2010, it is Tier2 ICT..

Unable to understand how you became a Tier 2 (ICT) migrant from a Tier 2 (General) migrant without having to leave UK, work abroad and, possibly, change employers?

Anyhow, if what you say is true, you are not eligible for ILR as 245ZH(B)(x) is not met.


regards

[avjones]

In Sep 08 it was Tier 2 (General) Migrant. In Sep 2010, it is Tier2 ICT..

Unable to understand how you became a Tier 2 (ICT) migrant from a Tier 2 (General) migrant without having to leave UK, work abroad and, possibly, change employers?

Anyhow, if what you say is true, you are not eligible for ILR as 245ZH(B)(x) is not met.


regards

Under this rule, I presume?

245ZF. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Established Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:



(3) as a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an intra-company transfer, or

(4) as a Representative of an Overseas Business, and

(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.

[geriatrix]

Under this rule, I presume?

Is the question in context of extension or ILR?

If the former, then 245ZF(b)(i), 245ZF(c)(i) and 245ZF(d)(i) clearly indicate that a Tier 2 (General) migrant cannot be granted a Tier 2 (ICT) leave to remain.
And if the latter, then the requirements for ILR are covered by 245ZH, not 245ZF.


regards

[vinny]

In the context of an extension, isn't 245ZF(b)(i)(3) possible?

[geriatrix]

In the context of an extension, isn't 245ZF(b)(i)(3) possible?

But the OP has stated that he was a Tier 2 (General) migrant between Sep'08 to Aug'10, and applied for Tier 2 (ICT) in Aug'10.

(3) as a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an intra-company transfer, or

"Qualifying Work Permit Holder" is different from "Qualifying Tier 2 migrant", IMHO. I say so because under the PBS system when a work permit (CoS) is granted because the applicant is/was the subject of an intra-company transfer the visa endorsement can only be Tier 2 (ICT) and not Tier 2 (General). Therefore, it is my understanding that the term "qualifying work permit holder" refers to migrants under the old WP scheme, and specifically those who were granted work permits as intra company transferees.

Under 245ZF(e), the terms "qualifying work permit holder" and "Tier 2 (General) migrant" have been used individually.

The question I have been asking myself but unable to answer is this - How can a resident Tier 2 migrant in a subcategory (General) wherein he/she is not classified as "intra company transferee" become one (intra company transferee) without leaving UK and working abroad?



regards

[avjones]

I agree that is seems odd, but I don't think it's impossible?

[Aslam2010]

As i am not very familiar in this.. Sorry all, if i have confused you but in fact..

1. When i got the letter for work permit extension document and Visa stamped in Sep 2008 it just said your leave to remain will continue and as it was extended. So i thought this is Tier 2 General as there is nothing specifically mentioned as Tier 2 ICT..

The only documents that i got from my Sponsor is letter for WP extension and my passport stamped for the extension..Don't know whether if he had Tier 2 General or Tier 2 ICT with him or not. As there is no Tier 2 ICT mentioned in the WP letter, i thought it was Tier 2 General.

Sorry again if i am wrong.. For the past one year only i am hearing about Tier2 ICT ??

2. I applied only for my extension thru my Sponsor and when i get extended this september 2010, i have provided with ID card and in that it is mentioned clearly as Tier 2 ICT.

Hope this helps.

[geriatrix]

Aslam2010, look in your passport and tell us what the visa stamps (in your passport) state under Type / Type of Permit. For both the visas, issued in 2006 and 2008. That will help.

Also, when you entered UK in 2006 on WP visa, was your WP sponsored by an employer that your had been working with in your home country or a new employer?


regards

[Aslam2010]

Thanks sushdmehta. Here are the details,

1. The Visa stamping in the passport has

In 2006, Type of permit - Visa Work permit
In 2008, Type of permit - Limited Leave to Remain (2008)
In 2010, Type of Permiit - Tier 2 ICT (As per new rules, no Visa stamping but in the ID card, this is how it is found).

I have got extension in UK in 2008 and 2010.

2. I was working with my Employer in Home country in 2006 when applied and I haven't changed the Employer before and after 2006.

[zhashim]

As per part of your original question, while the other posters have addressed the issue of whether you qualify for ILR or not, I thought I would answer your question about changing your client.

You stated:

"1. I am under the same Sponsor and the client through out my stay here. And my concern is if i am changing the Client or the Job here in UK under the same sponsor, do i fall under the new Tier 2 ICT Fresh application which can prevent me from taking ILR in Sep 2011?"

The Leaflet you quoted stated:

"A change of employment applcaition is not required if you are remaining with the same sponsor and change jobs to a different job with the same SOC code, or your pay increases. "


I feel this is best explained by an example. Suppose you work for a company ABC Ltd. ABC Ltd. is your sponsor, and they hire you as a computer programmer to work with their client DEF Ltd.

Once your work with DEF Ltd. is complete, ABC Ltd. decide to use you again for a contract with XYZ Ltd.

Basically, your employer has NOT changed, as such your sponsor has remained the same. The client HAS changed, but as long as you are performing a job with the same responsibilities (e.g. programming) then you will not have a problem, even if say working with the new company means you get paid more.

I hope that clarifies? You should discuss further with your employer what the new job is and if it has a different SOC. If the answer is yes, you will need to fill in a fresh application for leave to remain.

For your convenience, a summary guidance to SOC codes and a list is available here - UKBA Occupation codes of practice for Tier 2

[geriatrix]

Thanks sushdmehta. Here are the details,

1. The Visa stamping in the passport has

In 2006, Type of permit - Visa Work permit
In 2008, Type of permit - Limited Leave to Remain (2008)
In 2010, Type of Permiit - Tier 2 ICT (As per new rules, no Visa stamping but in the ID card, this is how it is found).

I have got extension in UK in 2008 and 2010.

2. I was working with my Employer in Home country in 2006 when applied and I haven't changed the Employer before and after 2006.

Aslam2010, As I understand it, in all probability you've been on an intra-company transferee visa ever since you entered UK in 2006.

2006 - WP (ICT) leave to enter / EC from home country.
2008 - WP (ICT) leave to remain
2010 - Tier 2 (ICT) leave to remain

Since you have been working with the same employer in home country and in also in the UK, HR should be able to confirm to you whether or not the work permit authorisations in 2006 and 2008 were under the ICT category.

If my understanding is correct (as above) then you should be eligible to apply for settlement ((245ZH(b)(x)(2)) in 2011 unless the rules change before then.



With regards to your query regarding change of job under the same sponser, please post your query in this forum.



regards

[Aslam2010]

@sushdmehta,

Please find the reply from my HR.

"You have always held a work permit under the ICT category and the only change has been terminology with the changes in rules."

Hope i am eligible for ILR to apply in August 2011 if no new rule comes into picture to affect this.

Please confirm.

[geriatrix]

Please confirm.

Already done.



regards

[Aslam2010]

Thanks all. Will wait for that. :)