Immigrationboards.com

[kuman32]

Hi,

I am in the UK and have been on the following visas (no change in employer)

1> Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) – this was applied for extension as below
2> Tier 2 – Long term Staff ( Apr2012 to May2013) - current

I have 3 questions

1) For how many year I should be able to get the extension on my visa as per latest UKBA rules, would I be eligible for my next extension in 2013?
2) If I am eligible for 2 more extensions then, am I eligible to apply ILR in Apr-2015 ?
3) Am I eligible to switch to Tier2(General) visa ?

Not been out of UK for more then a month in any year anytime. Any help on this would be very much appreciated.

Thanks
Kumar

[genorp]

1) From 6 April 2011 Tier 2 LTS will be limited to a maximum period of 5 years with no extension permitted after this date.

2) Since 6 April 2010 new Tier 2 (ICTs) have not been able to qualify for settlement but are able to extend for as long as their Sponsor has needed them in the UK but as mentioned above in #1 a 5-year limit was added in 2011.

3) Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2 (General). Switching from a Tier 2 (ICT) to Tier 2 (General) while in the UK is not permitted. The migrant must leave and obtain a fresh visa from his home country If you are able to switch then a Tier 2 (General) can amalgamate time spent in the UK as a Tier 2 (ICT) and Tier 2 (General) towards the required 5 year period only if he entered as a Tier 2 (ICT) before 6 April 2010, which means none of your time would qualify towards the 5 years.

You were able to switch into LTS from Established Staff because you entered before 6 April 2011.

[kuman32]

First of all thanks a lot for the reply really helpful..

I still have a doubt on Tier2(ICT) to Tier2(general) switching.. I believe I am eligible though I could be wrong completely.. on uk boarder site http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part6a/ under section "245HD. Requirements for leave to remain" it has been mentioned..
+++++++++++++++
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) 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,
+++++++++++++++

Does this not make me qualify to switch to Tier2 (general)?

thanks
Kumar

[manci]

[kuman32]

thanks a lot [b]manci [/b]for your reply, this is helpful.

I was expecting the same answer, but [b]genorp [/b]answer's make me worried as he mentioned I can't switch.

One more doubt if you could help,

If I switch to Tier2(General) then would I be eligible for ILR in 2015 (as I will complete 5yrs in UK) or would that be reset & 5yrs time will start from the time I will switch to Tier2 (General) ?

Thanks
Kumar

[manci]

[kuman32]

thanks a lot manci for all your prompt answers, really appreciate..

[genorp]

I can't say anything definitive and you should seek professional guidance, but the Tier-2 guidance
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf
says in footnote 1 under Switching on page 4 (number 16 - the footnote is under the table on the top of page 5), with regards to switching inside the UK to Tier-2 General:

[manci]

[kuman32]

manci, genorp

Thanks for your replies, but I am confused & worried now.. please help & let me know shall I go for switching if I am allowed ?

thanks
Kumar

[Praman]

Hi Manci/All,

Hope you are well.

I am new to this forum and as such please excuse my Ignorance.

I was hoping if you could please advise/guide me on getting a Tier 2 General and hopefully, transferring to ILR.

I am currently employed in the UK under a Tier 2 ICT, which was issued on 27 March 2011 expiring on 27 th April 2014.

As such, could you please advise on how do i go about this?

Looking forward to hearing from you on this and thank in advance.

Regards,
Praman

[manci]

If you are in the Tier 2 ICT Established Staff category you are eligible to switch to Tier 2 General. The only way to do this is to find another employer who is prepared to sponsor you under Tier 2 General.

[kuman32]

Hello there, I was checking the rules recently on http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part6a/

& have got the doubt again on my TIER2 (ICT) to ILR

In requirement it says..
(b) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:

(1) a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category, or

(2) a Tier 2 (Intra-Company Transfer) Migrant in the established Staff sub-category under the Rules in place before 6 April 2011, or

(3) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(4) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer, or

(5) as a representative of an overseas Business, and

In this way if either of the rule applies, I fall under category b.(i).(1) or b.(i).(2)

Please clarify..
Thanks
Kumar


+++++++++++++++++++
[quote="manci"][quote="kuman32"]Hi,

I am in the UK and have been on the following visas (no change in employer)

1> Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) – this was applied for extension as below
2> Tier 2 – Long term Staff ( Apr2012 to May2013) - current

I have 3 questions

1) For how many year I should be able to get the extension on my visa as per latest UKBA rules, would I be eligible for my next extension in 2013? [color=red][b]The max. length of leave for T2 Long Term Staff is 5 years, or the work end date given by the employer in the CoS, whichever earlier[/b][/color].

2) If I am eligible for 2 more extensions then, am I eligible to apply ILR in Apr-2015? [color=red][b] No, because your first leave was under the rules after 6 April 2010[/b][/color].

3) Am I eligible to switch to Tier2(General) visa?[color=red][b] Yes[/b][/color]

Not been out of UK for more then a month in any year anytime. Any help on this would be very much appreciated.

Thanks
Kumar[/quote][/quote]

[manci]

[kuman32]

thanks manci for your answer again.. one last question please..

I have come to UK very first time in July 2007 (with same employer) on WORKPERMIT & stayed here continuously until Jun 2009. After that return back to India due to some urgency (no visa extn as well), but return back again after 10months on Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) & further extn Tier 2 – Long term Staff ( Apr2012 to May2013) - current.

Would that make be eligible for ILR somehow?

thanks
Kumar

[manci]

1. when did your 2007 work permit visa expire?
2. for what purpose did you return to India in June 2009?

[kuman32]

Thanks for coming back.

> My 2007 workpermit was expired in 15-Jun-2009 (around 23 months I was in UK)

> There were some issue with the company, I couldn't get the extension, plus some family issue as well which made me to go back. But that again came back to UK in Apr-2010 & here since then.

[manci]

read pages 10-14
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

the absences must be work related, for compassionate reasons or for holidays. Unless you can show that the 10 month absence June 2009 - Apriil 2010 was for that, and provided you can break it up so that what falls in a 12 month period is not more than 180 days, it would represent a break in continuity

[rajeevsharma11]

I am here on tier 2 ICT logn term staff migrant visa July 2011. It is going to expire in August. Will it be possible to switch over to Tier 2 general with in Uk.

[manci]