FAQs - From Tier 2 (ICT) to Tier 2 (General) / ILR

Q1 - I am a Tier 2 (ICT) migrant. Am I eligible to apply for settlement under Tier 2 (ICT) route?
Yes, but only if:

• 1. You were granted Tier 2 (ICT) leave under the Rules in place before 6 April 2010, or
  2. You were granted leave under the old WP scheme (before PBS came into being) as an intra-company transferee and and have been extending your leave under Tier 2 (ICT) since,
  and
  3. you have spent a continuous period of 5 years lawfully in the UK in the above-mentioned cateogries.

(245GF(d))



Q2 - I am a Tier 2 (ICT) migrant but my initial application for leave was submitted on or after 06-Apr-2010. Can I apply for settlement under Tier 2 (ICT) route?
No. To be eligible for settlement you will need to change to Tier 2 (General) or any other immigration category that leads to settlement (e.g. - Tier 1 Entrepreneur) and fulfil the requirements for settlement as specified (under the immigration category you switch to) and applicable on the date of a settlement application.



Q3 - I do not qualify for settlement under the Tier 2 (ICT route). Can I switch to Tier 2 (General)?
UKV&I defines "switching" as changing immigration category by making a leave to remain application from within the UK.
Only certain Tier 2 (ICT) migrants are alowed to "switch" to Tier 2 (General). Only those who:

• 1. have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011, and
  2. not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
  3. not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

(245HD(c))


Q4 - I do not qualify for settlement under the Tier 2 (ICT) route and I cannot switch to Tier 2 (General) as explained in Q3. How can I change to Tier 2 (General)?
If you are a Tier 2 (ICT) migrant that doesn't belong to the ICT categories allowed to switch (as explained in Q3), then you need to apply for entry clearance from outside the UK. Amongst other, this involves three major things:

• 1. Resident Labour Market Test.
  2. Restricted CoS.
  3. 12 months cooling-off period.

unless the applicant will be paid >£155000pa which exempts the applicant from the "cooling-off period" requirement and/or the applicant has a job listed in the shortage occupation list which exempts the applicant from the "resident labour market test" requirement.

(245HB(g) and Tier 2 policy guidance)



Q5 - I am a Tier 2 (General) migrant but was a Tier 2 (ICT) migrant before. Can I include the time spent under Tier 2 (ICT) for settlement?
Yes, but only if:

• 1. The time spent in UK as a Tier 2 (ICT) migrant falls within the qualifying 5 year residential period,
  and
  2. You were granted Tier 2 (ICT) leave under the Rules in place before 6 April 2010, or,
  3. You were granted leave under the old WP scheme (before PBS came into being) as an intra-company transferee, and as the case may be, extended your leave under Tier 2 (ICT).

(245HF(b)(iii))


Q6 - I am a Tier 2 (General) migrant. Am I subject to the "6 years limit to stay in UK" restriction?
The 6 year restriction set out will not apply if the applicant:

• (i) previously had leave under the Rules in place before 6 April 2011 as:
  • (1) a Tier 2 (General) Migrant,
    (2) a Tier 2 (Minister of Religion) Migrant,
    (3) a Tier 2 (Sportsperson) Migrant,
    (4) a Jewish Agency Employee,
    (5) a Member of the Operational Ground Staff of an Overseas-owned Airline,
    (6) a Minister of Religion, Missionary or Member of a Religious Order,
    (7) a Qualifying Work Permit Holder, or
    (8) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
  and
  (ii) has not been granted entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant under the Rules in place from 6 April 2011,
  and
  (iii) has not been granted entry clearance, leave to enter or leave to remain in any other category since the grant of leave referred to in (i) above.

(245HE(b))



Q7 - Does the time spent in UK as a Tier 2 (ICT) migrant before changing to Tier 2 (General) count in calculating the "6 year limit"?
No (245HE(a)(iv)).





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