Som,
I am not sure if you have read the part 6a document or not but I think your understanding is wrong. I agree that you have switched before 6/11/2014 and you have got your BRP for capped period but if your employer extends your visa or if you apply to switch for employer then you can get extension for up to 6 years only on their Tier 2 General. Here are some excerpts for part 6A document which is released on 6th Nov:
If you see the section 245HE (iv) in the document ( rules for period of grant for leave to remain to tier 2 General )
(iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant (other than as a Tier 2 (Intra-Company Transfer) Migrant), and 6 years.
what this says is if you apply for leave to remain for Tier 2 General which will be the case if you apply for Tier 2 General Extension or change of employer, then you will be granted 6 years only on Tier 2 General. It has no condition set out that if you had switched to Tier 2 general during 6 April 2014 to 6th November 2014 your period of grant will remained capped than the one who switches after 6th Nov 2014.
What the purpose of part 6A document released after 6th Nov 2014 is that anybody who applies for Tier 2 General leave to remain after 6th Nov 2014 the new rules need to be followed. In your case if you apply for Tier 2 General leave to remain now with a COS for extension or change of employment the rules from 6th Nov 2014 will apply which will remove the duration of Tier 2 ICT from your 6 years CAP.
Manci,
You are guru. People here will not believe me until you say that its correct. Please confirm that my understanding is correct.[/quote]
Hello Ravi, let me explain my dire situation in a bit more detail.
I came to the UK March 2011 on Tier 2 ICT. So my ICT years do not accrue towards ILR.
However, it had an option to switch to Tier 2 general and start my ILR clock.
When I did switch, neither me nor my sponsor was aware of this seemingly unnoticed drafting error that curtailed such applicant's stay to a maximum of 6 years. So they applied for it and when I got my BRP, it was provided till March 2017 which meant they included my ICT leave onto my Tier 2 general leave and capped it to 6 years.
Only now, I realise that they have corrected this error on 6/11/2014 and any applicants post this date should be alright as this cap has been revoked.
So essentially, I do not see any options for me to get this corrected. I do not understand much about these laws and hence wanted to get it clarified in terms of my options. I had 6 years left in my ICT and now from there it had come to 2.5 years and my sponsor, being an A rated premium one at that, was not aware of this either and I feel completely let down on all fronts!
Anyway, time to stop my rant
Thanks for trying to help me out...appreciate it but may be this would clarify my quandary a lot more..
