Tier 2 ICT to ILR after 6 april 2010

Just following up on this thread. Any case law or hopes of ILR (5 years) for Tier 2 ICT Established Staff (those who came between 6 April 2010 and 6 April 2011)?

Hi guys,

Just wanted to share my experience. I did get my ILR with the following:

- Applied and arrived in the UK initially in June 2011 under Tier 2 ICT (Short term staff)
- Switched to Tier 2 ICT (Established staff) in 2012
- Switched to Tier 2 General in 2015

Applied for ILR without an agent. Just filled in all the forms myself and prepared all my docs to the best of my ability (this forum did help A LOT when I got lost) and made files as organized as possible. Also, I went to about 6 lawyers who refused to help including top ones like Fragomen citing that I've to wait until 2020.

Got the first slot of the morning with extra £63 payment. I arrived 1.5hrs late as was struck by Murphy's law; Uber got stuck at Hyde Park behind horse parade at 7am, driver suggested Gatwick Express instead. Paid £19 ticket thinking it stops in Croydon and Clapham Junction but ended up at Gatwick Airport

Backtracked from airport via local train to Croydon but train got stuck with technical problem, arrived half crying at 9.30am for an 08.00am appointment. Luckily guard at door merely glanced at my payment form and let me in the Premium security queue. When I made it to the registration desk soaked to the bone with mascara streaked puffy eyes, they were laughing that I was so late it was unprecedented. I had to show them my Gatwick Express ticket and they let me through with a lot of kindness and assured me not to stress out and that I was now a part of the queue of the day.

Waited until 1pm before someone input my case and collected docs. Case worker was new to the job, kept asking others how to enter items. I had made copies of everything in advance and everything was sorted by thin clear folders and unstapled. I had large labels with post-its/sharpie labels on everything and even highlighted in fluorescent yellow pen the pertinent data and highlighted each UK stamp on each passport page. I submitted 4 used passports for the last 5 years and had 6 pages of OUT OF UK travels typed up on a Word table.

Had problems getting my company to state that my role was needed for the foreseeable future (they used role was "ongoing"), they didn't want to confirm that my base salary was higher as indicated in SOC Code (they simply stated the base salary amount), and they didn't want to confirm each business trip nor annual leave taken. So they simply added "Her role requires business travel and she's entitled to 27 days annual leave per annum", which I guess is sufficient but I wasn't confident. Regardless, my company was really overly conservative and was of very little help, thanks to their over compliant legal dept.

DOCS SUBMITTED
- Set(o) form typed up on PDF instead of written in pen (each relevant chapter had a sticky flag for easier reference so Case Worker didn't have to flip through 92 pages of all categories)
- 6 original payslips + highlighted copies
- 6 bank statements + no copies (I told them to take all)
- 6 P60s + highlighted copies
- NARIC + copy
- University transcripts and notarized degree certificate (original is oversized) + copies
- Life in UK test cert + copy
- Employer support letter + copy (they took everything)
- Council tax + utility bill just + copies
- Maintenance funds (2 foreign portfolio statements) + no copies (I told them to take all)
- 5 passports + expired biometric card + copies of every page (each stamp highlighted in yellow - a lot)
- 6 pages of OUT-OF-UK dates with summary page of days by year starting from June to June (columns of dates in/out, reason, destination(!), category of weekend/holiday/annual leave/business trip/combo)
- Personal statement (simple but moving one, according to a friend)

She scanned my passport and biometric card and asked me to wait for biometric photo and fingerprinting. Got through that as well despite some more waiting and getting screamed at for signature touching the grey box 3 times.

Then waited in big assembly room for another 2 hours while my number went through Waiting, Under Consideration and finally, Ready for Collection. Didn't leave while many did, had toasted panini and plenty coffee/water from sandwich stand.

When I was called to collect, I was told by the Case Officer that all was fine and congrats. That's it. Got in at 10:30am, left at 5pm. The decision making took about 40 minutes according to the monitor when UNDER CONSIDERATION.

One queer thing that happened was the initial lady who took my paperwork had asked me if I was represented by an agent and I said, "Too expensive, I came alone". She said, "Good!" (almost in commiseration).

Perhaps there's a certain leeway these days for those who got their Tier 2 ICTs btw 2010 and 2011? Or perhaps because my case is pretty strong, same job for over a decade in reputable company, Oxford degree, high income, no dependents, less than 180 days out-of-UK per year, company recommendation for ILR, I really don't know.

I can also tell you that I was handled by 5 different people, so I don't know who really makes the decision behind the scenes. Some were very experienced and impatient, while others were pretty green. Overall, EVERYONE at Croydon was polite, nice, professional even when circumstances were really trying with the backlog, crowd, chaos and impatient agents running around trying to ascertain responses. Some agents even helped me out as I didn't know where to go most of the time and most people were represented anyway.

I think that's it. If you have any questions, please don't hesitate to ask. If it weren't for the hefty application fee, I'd say definitely try try and go it alone.

Sunny

Raj143143 wrote:Hi reddydont12,

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

Thanks

The member in question only ever posted twice, the last time 11 months ago

sunnynocloud wrote:Hi guys,

Just wanted to share my experience. I did get my ILR with the following:

- Applied and arrived in the UK initially in June 2011 under Tier 2 ICT (Short term staff)
- Switched to Tier 2 ICT (Established staff) in 2012
- Switched to Tier 2 General in 2015

Applied for ILR without an agent. Just filled in all the forms myself and prepared all my docs to the best of my ability (this forum did help A LOT when I got lost) and made files as organized as possible. Also, I went to about 6 lawyers who refused to help including top ones like Fragomen citing that I've to wait until 2020.

Got the first slot of the morning with extra £63 payment. I arrived 1.5hrs late as was struck by Murphy's law; Uber got stuck at Hyde Park behind horse parade at 7am, driver suggested Gatwick Express instead. Paid £19 ticket thinking it stops in Croydon and Clapham Junction but ended up at Gatwick Airport

Backtracked from airport via local train to Croydon but train got stuck with technical problem, arrived half crying at 9.30am for an 08.00am appointment. Luckily guard at door merely glanced at my payment form and let me in the Premium security queue. When I made it to the registration desk soaked to the bone with mascara streaked puffy eyes, they were laughing that I was so late it was unprecedented. I had to show them my Gatwick Express ticket and they let me through with a lot of kindness and assured me not to stress out and that I was now a part of the queue of the day.

Waited until 1pm before someone input my case and collected docs. Case worker was new to the job, kept asking others how to enter items. I had made copies of everything in advance and everything was sorted by thin clear folders and unstapled. I had large labels with post-its/sharpie labels on everything and even highlighted in fluorescent yellow pen the pertinent data and highlighted each UK stamp on each passport page. I submitted 4 used passports for the last 5 years and had 6 pages of OUT OF UK travels typed up on a Word table.

Had problems getting my company to state that my role was needed for the foreseeable future (they used role was "ongoing"), they didn't want to confirm that my base salary was higher as indicated in SOC Code (they simply stated the base salary amount), and they didn't want to confirm each business trip nor annual leave taken. So they simply added "Her role requires business travel and she's entitled to 27 days annual leave per annum", which I guess is sufficient but I wasn't confident. Regardless, my company was really overly conservative and was of very little help, thanks to their over compliant legal dept.

DOCS SUBMITTED
- Set(o) form typed up on PDF instead of written in pen (each relevant chapter had a sticky flag for easier reference so Case Worker didn't have to flip through 92 pages of all categories)
- 6 original payslips + highlighted copies
- 6 bank statements + no copies (I told them to take all)
- 6 P60s + highlighted copies
- NARIC + copy
- University transcripts and notarized degree certificate (original is oversized) + copies
- Life in UK test cert + copy
- Employer support letter + copy (they took everything)
- Council tax + utility bill just + copies
- Maintenance funds (2 foreign portfolio statements) + no copies (I told them to take all)
- 5 passports + expired biometric card + copies of every page (each stamp highlighted in yellow - a lot)
- 6 pages of OUT-OF-UK dates with summary page of days by year starting from June to June (columns of dates in/out, reason, destination(!), category of weekend/holiday/annual leave/business trip/combo)
- Personal statement (simple but moving one, according to a friend)

She scanned my passport and biometric card and asked me to wait for biometric photo and fingerprinting. Got through that as well despite some more waiting and getting screamed at for signature touching the grey box 3 times.

Then waited in big assembly room for another 2 hours while my number went through Waiting, Under Consideration and finally, Ready for Collection. Didn't leave while many did, had toasted panini and plenty coffee/water from sandwich stand.

When I was called to collect, I was told by the Case Officer that all was fine and congrats. That's it. Got in at 10:30am, left at 5pm. The decision making took about 40 minutes according to the monitor when UNDER CONSIDERATION.

One queer thing that happened was the initial lady who took my paperwork had asked me if I was represented by an agent and I said, "Too expensive, I came alone". She said, "Good!" (almost in commiseration).

Perhaps there's a certain leeway these days for those who got their Tier 2 ICTs btw 2010 and 2011? Or perhaps because my case is pretty strong, same job for over a decade in reputable company, Oxford degree, high income, no dependents, less than 180 days out-of-UK per year, company recommendation for ILR, I really don't know.

I can also tell you that I was handled by 5 different people, so I don't know who really makes the decision behind the scenes. Some were very experienced and impatient, while others were pretty green. Overall, EVERYONE at Croydon was polite, nice, professional even when circumstances were really trying with the backlog, crowd, chaos and impatient agents running around trying to ascertain responses. Some agents even helped me out as I didn't know where to go most of the time and most people were represented anyway.

I think that's it. If you have any questions, please don't hesitate to ask. If it weren't for the hefty application fee, I'd say definitely try try and go it alone.

Sunny

Sunny, congrats on getting ILR.
Just a bit curious, how did you switched to T2G because T2 ICT post April 2011 does not allow switching. What date was your T2 ICT visa actually issued?

Thnx,
Ilr16

Hi sunnynocloud

Your story does not seem to add up.
How did you switch to Tier 2 ICT Established Staff in 2012?
Established Staff visa was made obsolete in April 2011

Hi ILR16 and Poper,

Apologies, my visa was Tier 2 ICT Migrant which was granted for my short assignment in the UK in June 2011.

However, a role opened up, and I was offered to stay in London. So I had to go to Croydon to extend my expiring visa to Tier 2 ICT Long Term Staff Migrant which gave me 3 more years from 2012.

However, in 2015, my company sent me home to Asia to apply for a Tier 2 General, which I obtained, and that gave me 5 more years to 2020.

I was represented the entire time by a firm my company hired called Emigra. The switching from Tier 2 ICT to Tier 2 General was easy and I was recommended to do it overseas as it was faster. I applied on a Monday and picked up on Wednesday.

I didn't realize there is any issue in switching from Tier 2 ICT to Tier 2 General at any time?

Best,
Sunny

Hi Sunny,

Switching from T2 ICT to T2G is not allowed for the same employer. Also, Resident Market Labour Test is required to switch to T2G. Are you sure you switched to same employer for T2G?

Thanks,
ILR16

However, in 2015, my company sent me home to Asia to apply for a Tier 2 General, which I obtained, and that gave me 5 more years to 2020.

Also you could not apply for a Tier 2 General visa as soon as you moved to your home country as you already were a Tier 2 main applicant(Tier 2 ICT). A 12 month cool off period would've applied

Ah, I see what you're saying. Have the rules changed?

- I have been with the same employer 10+ years, so it is the same employer who changed my visa

- I didn't move back to home country, I just went home for 3 days to apply for the Tier 2 General (from my Tier 2 ICT status) in 2015

- I didn't have to do the Labour Test because my base salary was above the £155k minimum (which was the prerequisite for my firm for anyone seeking their support to apply for Tier 2 General because they cannot justify hiring more foreigners when there are enough qualified candidates in the UK/EU alone)

- There was definitely no cooling off period as I got the Tier 2 General within 2 days of applying. The processing facility was Manila, Philippines even though I didn't apply there

Does it make more sense?

Ok, I read up more on the Guidance Notes https://www.gov.uk/government/uploads/s ... 4_2016.pdf. See below regarding exceptions for cooling off period and resident labour market test.

COOLING OFF PERIOD EXCEPTION - Paragraph 73 Page 21
73. Please note that if you have had a grant of leave for entry clearance, leave to enter or
remain as a Tier 2 Migrant at any time during the 12 months immediately before your date of
application, unless you were only being sponsored in Tier 2 (as recorded by the Certificate
of Sponsorship) for a period of 3 months or less, you will not be able to apply for further
leave under Tier 2 unless one of the following applies:

i. you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12-
month period immediately before your date of application and you can provide evidence
to show this has been met as set out in paragraph 74 below, or

ii. the salary for the job that the Certificate of Sponsorship Checking Service shows you are
being sponsored to do (including any allowances listed as acceptable for this purpose
in paragraph 75 of Appendix A of the Immigration Rules) is £155,300 or higher.

RESIDENT LABOUR MARKET TEST EXCEPTION - Paragraph 99 Page 26
Offer of a job with a salary of £155,300 or more
99. You will be awarded 30 points if the gross annual salary package for the job stated on
your Certificate of Sponsorship assigned by your sponsor is £155,300 or more.
(£153,500 if you were recruited before 6 April 2015). Your sponsor will be exempt from
undertaking a resident labour market test.

Hi sunnynocloud & others,

My situation is a little different. My Tier 2 ICT Visa was applied on 18th April 2010 (12 days after the rule change date ). However, I was in the country from March 1 2010 to March 28 2010 on a short term Business Visa. I have been in the country on long term basis since May 2010 and have got my Visa extended multiple times.

Its always been the same employer and same sponsor since last 6 years. My current Visa are valid till end of 2017.

The original visa category was also having the wording of "Tier 2 (Intra Company Tranf) Migrant CXXXX " which is the same wording as visa granted before 6th April 2010.

My salary is not as high as Sunnynocloud but it is decent enough.

Considering all this, what are my chances of getting the ILR if I choose to apply?

Any guidance / thoughts on this would be highly appreciated.

Hi Guys,

Any update on this topic, I am in similar situation - came in on Tier 2 ICT (EC) in May 2010.. any possibility of getting ILR based on 5 years in country..

thanks,

tier2ICT_ES wrote:Hi Guys,

Any update on this topic, I am in similar situation - came in on Tier 2 ICT (EC) in May 2010.. any possibility of getting ILR based on 5 years in country..

thanks,

This depends on when you applied for your Entry Clearance. If the Visa application/Fee payment was done before 6th April 2010 you should be good to apply on 5 years residence, else it could be a 10 year wait unless you already switched to Tier 2 General