Good day everyone
I've been granted Tier 2 (ICT) visa back in July 2010. I came in the same month to UK and switched to Tier 1 (General) in July 2011. Next July 2015, I should have been in the country lawfully for 5 years. My question is would the year I've spent as Tier 2 (ICT) count against the 5 years requirement and hence I can apply next July 2015? This is because they changed the law back in April 2010 to not allow Tier 2 (ICT) to apply for ILR after 5 years.
I found this in the Immigration Rule 245CD:
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements
listed below:
The applicant must have spent a continuous period as specified in (d) lawfully in the
UK, of which the most recent period must have been spent with leave as a Tier 1
(General) Migrant, in any combination of the following categories
as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of
5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-
Company Transfer)Migrant granted under the Rules in place before 6 April
2010, or as a Work Permit Holder where the work permit was granted because
the applicant was the subject of an Intra-Company Transfer.
Some lawyers say I'm still eligible to apply and I don't wish to wast the application fees to be honest.
Again thanks for your help and advice.
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