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Tier2 ICT Migrant jun2010 - ILR applicable or not ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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vaibhav2013
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Tier2 ICT Migrant jun2010 - ILR applicable or not ?

Post by vaibhav2013 » Sun May 19, 2013 10:31 am

I used to come to this country since 2005 and left after small time ususally 3-8 months.
In this tenure I Came in June2010 in Tier 2ICT "Migrant" category and till Now I am in the same category. What I want to know is that whether I am eligible for ILR after completing 5 years , as I dont know which rules would be applied for me because I forget when did I applied for VISA (before apr2010 or later).
Some of my friends who have come after me were given Tier 2ICT Established staff and some of my friends who have come before apr2010 have been given Tier 2 ICT Migrant same as my category !!

Is there a possiblity that Rules before apr2010 can be applicable for me perhaps because I used to come to this country earlier in WP (Last ime Came in Feb2008 and left in oct2008).

If NOT then How come I have been given Tier 2 ICT migrant when in my knowledge nobody has got this category between apr 2010 - apr2011 ?

vaibhav2013
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Settlement based on child who lived in UK for 7 years

Post by vaibhav2013 » Sat Jan 03, 2015 11:00 pm

Hi ,
I am in Tier 2 ICT , came here in jun2010 , under Tier 2 ICT Migrant .
I am not sure whether I will get ILR after 5 continous period (i.e in 2015 june) as I guess after apr 2010 , all my friends came in Tier 2 ICT established Staff subcategory , I am not sure why I got Tier 2 ICT Migrant.

Also, My child also came with me at that time who was just 3 months old at that time.

My questions are :-
1) Would I stand any % of chance to get ILR after 5 years (because of category ICT migrant) , does it worth trying ?
2) What about getting FLR based on child after 7 years.
I would really appreciate any answer on this ?

Obie
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Re: Settlement based on child who lived in UK for 7 years

Post by Obie » Sat Jan 03, 2015 11:07 pm

It will depend on when your application was made, was it before April 2010 or after April 2010.
Smooth seas do not make skilful sailors

vaibhav2013
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Re: Settlement based on child who lived in UK for 7 years

Post by vaibhav2013 » Sun Jan 04, 2015 6:00 am

Thanks obie ,
I guess my appli ation was made in month of april 2010 , not sure of the exact date. Because it was very long ago, Do u reckon its worth trying for the settlement?
also what about settlement because of child completing 7 yrs?

vinny
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Re: Settlement based on child who lived in UK for 7 years

Post by vinny » Sun Jan 04, 2015 1:41 pm

It's worth finding out the date of the application.
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aiza78601
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Re: Settlement based on child who lived in UK for 7 years

Post by aiza78601 » Sun Jan 04, 2015 1:48 pm

child must complete continuous 7 years in uk before making 7 years child application, as u mentioned in ur thread ur came to uk in 2010 then I think ur child didt complete his 7 years, seniors correct me if I m wrong

vaibhav2013
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Re: Settlement based on child who lived in UK for 7 years

Post by vaibhav2013 » Sun Jan 04, 2015 2:29 pm

Yes thats correct , he have not completed 7 yrs yet , but after 2 more years , he will , I am just assesing my options ,
I herad that in 7yr child , most of the applications gets refused.
thing is if I do not get ilr after 5 or 7 yrs , then I might go back.
with regards to the date of application , how do I know ?
I m happy to take gamble if this it.
Pls advise

Obie
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Re: Settlement based on child who lived in UK for 7 years

Post by Obie » Sun Jan 04, 2015 2:31 pm

vinny wrote:It's worth finding out the date of the application.
I agree, and i am not sure the 7year policy will apply to your child at this stage either due to the absence from 2008 to 2010.

The Gap of absence is such that you cannot start your qualifying period using the residence you accrued before leaving in 2008.
Smooth seas do not make skilful sailors

manci
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Re: Settlement based on child who lived in UK for 7 years

Post by manci » Sun Jan 04, 2015 6:37 pm

vaibhav2013 wrote:with regards to the date of application , how do I know ?
if you have no other means of finding out, by SAR

Obie
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Re: Settlement based on child who lived in UK for 7 years

Post by Obie » Sun Jan 04, 2015 7:12 pm

Also SEE SAR REQUEST
Smooth seas do not make skilful sailors

vaibhav2013
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Re: Settlement based on child who lived in UK for 7 years

Post by vaibhav2013 » Mon Jan 05, 2015 9:39 am

Thanks guru's.
I will find out and will update u guys,
one last question do u think HO can issue INT COM TRANSFER Migrant after apr 2010 ?, that is weird.

manci
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Re: Settlement based on child who lived in UK for 7 years

Post by manci » Mon Jan 05, 2015 9:57 am

vaibhav2013 wrote:Thanks guru's.
I will find out and will update u guys,
one last question do u think HO can issue INT COM TRANSFER Migrant after apr 2010 ?, that is weird.

the stamp in your passport is not conclusive evidence of the rules under which your T2 ICT entry clearance was granted (before or on or after 6 April 2010), it is the date of your application that determines it. For applications overseas this is the date when the visa fee was paid.

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