Tier 2 ICT to ILR

[cthouston]

I would be grateful for your advice / feedback please.

I'm currently on Tier 2 ICT. The entry clearance was first granted in February 2011, and I entered the UK in April 2011. Since then, my visa has been renewed under the same category with the same employer/sponsor (in 2014, 2016, and the latest in 2019).

My first question - am I eligible to apply for ILR-10y (long residence) now that my 10y legit stay has come to pass? Is my 10y stay within Tier 2 ICT (granted per the above timeline) eligible for the ILR?

My next question - re 'Continuous Residence' 540 days requirement - my work and leisure trips combined from April 2011-April 2021 would have breached the 540 days cap (although no single trip exceeded 180 days). However, from my interpretation of the rather vague clauses - can the 10y period be an accumulation of 'any 10y period' throughout your eligible stay? For e.g. can I instead use January 2012-January 2022 as my 10y eligible stay? What is the starting time-point which I can use to start the count? Or shall I use 2014, when my visa was first renewed?

I'm grateful that you take the time to go through and would appreciate your view.

[ywlgy]

1. Yes
2. Yes, you can use January 2012-January 2022

[cthouston]

Thank you indeed.

[cthouston]

My ILR application has been refused on the basis that I've exceeded the allowable stay of 548 days in the 10 days thus breaking the 'continuous stay' requirement.

It seems like they have taken the total absences for the ~11 years I've stayed here (April 2011 to Jan 2022), and not the 10 years from my application date (Jan 2012 to Jan 2022).

Has anyone had this challenge? Any view please?

[CR001]

Did you add a cover letter with your application requesting them to consider January 2012 to January 2022??

[cthouston]

Oh no I didn't. I didn't realise that'd be helpful - and you're right, else how did they know which '10-year' period they should consider right..?

A big sigh!

Do you think I can appeal on this basis?

[CR001]

Did you get appeal rights in the refusal?

[cthouston]

On the last page of the refusal letter, it thus says the following - although, seems like the appeal is in the event there're 'other reasons'...

RIGHT OF APPEAL
You have 14 calendar days* from the date this decision was sent to appeal. Information
on how to appeal, the appeal process and the fees payable are all available online at....
IF YOU THINK THERE ARE OTHER REASONS WHY WE SHOULD ALLOW YOU TO
STAY IN THE UK

[CR001]

What were you absences in November 2011 to January 2012?

[cthouston]

Absence between November 2011 and January 2012 = 28 days

[CR001]

Whatt was your return to the uk date back then?

Are you sure you have calculated your absences correctly?