Tier 2 ICT to ILR after 6 april 2010

Hi Manci,

Recently I came to know that ukba is issuing ilr to candidates who came after 6th april 2010 under tier 2 ict. I enquired on it and got confirmation from my friends and colleagues who got ilr with in these three months exempting 6th april 2010 rule.

After getting confidence that ukba is granting ilr i applied recently and my application got refused by the case worker under the same rule 245h. when i enquired on this why it got refused, i cam to know that it depends on the case worker. if the case worker is not aware of the rule thay will grant ilr, if it is a senior case worker they will refuse it.

Now my doubt is can it be like that. A rule is a rule for every one. how can rules differ from case worker to case worker. can i fight back on this to ukba.

please advice me on this

thank you.

Hi,

Yes, I too heard some people got ILR on the similar case ( initially granted Tier 2 ICT Established Staff visa after April 2010 and then switched to Tier 2 General ) . Are u under the same situation ? but not sure why its differ from case worker to case worker.

Do you have the specific details of the individual cases that you refer to (of having got ILR based on Tier 2 ICT after 6th April 2010)?

Are you sure that the date of application (not the date of the visa grant) for those Tier 2 ICT cases was after 6th April 2010?

What matters is if the date of application was before or after 6th April 2010, not the date stamped on the visa.

Hi secret.simon,

If the initial visa category says 'Tier 2 ICT Established Staff ' then obviously the application date was after 6th April,2010 and the time spent on the same category doesn't count towards ILR as per the rule 245H.

Hi Raj,

Its actually not true that application before 6th April 2010 will not have Tier 2 ICT Estblished staff sticker. Some applcatoins made before 6th April 2010 date have got the sticker of Tier 2 ICT Established staff sticker. For the applications granted ILR most probably the application date for those Tier 2 ICT visa would be before 6th April 2010.

Do not go by the wording of the visa stamp. Do a SAR on the Home Office and verify that the date of application on the original form was before 6th April 2010. It may be that the date of application was before 6th April, but that as it was decided after the 6th, the newer stamp was applied.

Hi reddydont12

Can you mention the visa application/start dates of your friends who received ILR?

Thanks
poper

Hi poper,

Just got one date which is June 10 , 2010 (paid the application fee on the same day).
Issued Tier 2 ICT Estaublished Staff Visa ( valid from July 17th , 2010 To July 16th ,2013) and then in May 2013 switched to Tier 2 General , Now got ILR.

I am not convinced that the date of the application is the date of the payment being taken.

The date of the application would have been the date the application was posted (if sent by post) or the date it was signed for (if sent by registered post).

The only way to verify that, to the best of my knowledge, is to check the stamps on the SAR request for the data for that person.

It was not the postal application , and submitted at VFS along with the bankers cheque as application fee.

Hi reddydont12,

Are you sure that your friend has got his entry clearence in July 2010? or was that an extension of an existing Tier 2 ICT in July 2010?

got the reply from Raj.

This seems very odd. As per the Part 6a Document this is not allowed. but if they have granted ILR in such case then all other applicants can also get the ILR referring to these cases ( if they get rejected ) via appeal or admin review. But on refering to the successful cases, UKVI can take either of two actions:

1. Either they will grant the applicant ILR
2. OR They reject the ILR for current applicant and also start investigating the successful cases which had similar scenario and reconsider the decision about successful cases.

I want to make it clear that these are my thoughts and I am not an immigration expert so before taking any steps please do a thorough research or get professional advice.

Anyone has any explanation for this or this was just a caseworker to caseworker basis thing?

All i can say is i probably missed the boat...
Should've switched to Tier 2 General earlier.

I think the ILR to Tier 2 ICT visa holders after 6th April 2010 have been issued in error.

Hi Poper,

Yes ,you are right. as I said above ..the initial visa granted was Tier 2 ICT Established Staff ( Confirmed application date was on June 10,2010 ) and later in 2013 switched to Tier 2 General.

Hi Secret.simon,

Is there anyway that ,reddydont12 can appeal to UKBA by referring the successful Applications ? what the next step for him in this situation ?

Hi Ravi,

do you sent me personal message ? but I am unable to view it its says I am unauthorized

Raj,
mail me at [Moderator edit]

The OP cannot request for reconsideration (or appeal the decision or apply for JR) under the reason - "there have been decisions in error that I have heard of, so please make the same error for my application and grant me ILR"!!!!

The OP is not eligible for settlement (if he applied for ICT after 06-Apr-10). Period. That UKV&I made decisions in error and some people got lucky doesn't change anything for the OP or anyone else in similar situation.

What the OP may do is complain to UKV&I that decisions have been taken that were not in accordance with the law and UKV&I should conduct an internal audit and ensure that such errors are not made in the future.

Unfortunately, ILR cannot be revoked if granted in error by UKV&I.

SushdMehta,

Your answer is the right reply... "If others got reward out of something wrong does not mean that everybody who does wrong need to be rewarded". It was mere luck.

Hi reddydont12,

Can you please let me know have you been to appeal on this ?


Thanks

Hello members,

My tier 2 ICT visa followed by CoS number was granted in May 2010 and applied for SAR recently and received response. The documents I've received from UKVI says shows
The application date is as my Visa valid from date
Bio-metric received date(was 2 days before the visa grant)....
Visa applied through showing as 'Agent' (Actually applied through VFS paper base d application submitted)
It looks like they have got no concrete information on my visa application date.
What would their bases be to approve / reject if I apply for ILR? as I received incomplete/ in valid date (application date)
Can I challenge the decision if in case my application rejected?
If Visa rejected due to non-eligibility , would the ILR FEE is refunded?
Any help on this would be highly appreciated

Thanks all...

Did you check the box for "visa application forms (out of country applications)" in the SAR form? If yes, they should have sent you a copy of your application form and that would have helped you ascertain the "date of application". If they haven't, ask them why.

The onus is on you to determine whether you qualify for settlement or not. They will assess the application based on the facts (and yes, they do have the date of application on their records even though you don't remember it).

No, ILR fee is not refunded if the application is refused.

sushdmehta wrote: Unfortunately, ILR cannot be revoked if granted in error by UKV&I.

can't it be curtailed under 323(ii)?

Hi Manci,

I found this document on UKVI website. According to point number 4.3 in document, it says:

https://www.gov.uk/government/uploads/s ... eleave.pdf

4.3 Previously Overlooked or Considered
Indefinite leave should not normally be revoked where the decision maker had the information available and either previously overlooked it, could reasonably have been expected to act on it or considered it and granted anyway.
Where the decision maker had the power/authority to grant leave and did so in error and if
there was no deception by the applicant, it will not normally be appropriate to revoke the
indefinite leave to remain or enter.

I am not sure if this rule is applicable to ILR obtained from PBS route.

Thanks

Thanks for the link. Although the title of the document is Asylum Policy Instruction I think the quoted passage can be taken to apply generally.