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ICT - ILR New rules - Need clarification.

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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christostalin89
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Joined: Mon Mar 02, 2020 12:51 pm
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ICT - ILR New rules - Need clarification.

Post by christostalin89 » Mon Mar 02, 2020 12:56 pm

Hi Experts,

I came to UK in 14 Nov 2014 on ICT short term Visa which expired in 10 Nov 2015. Due to Client’s request, I got my ICT Long term Visa and came to UK on 10th Jan 2016. Since, 2014 - I have lived in UK for more than 5+ years ( till current date). My ICT long term visa expires in Dec 2020.

I came across the gov.uk link about ICT people setting in UK (https://www.gov.uk/settle-in-the-uk/y/y ... nsfer-visa ) .

You can apply if:
• you have a Tier 2 (Intra-Company Transfer) visa
• you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
• your employer (sponsor) still needs you for your job
• you get paid the relevant salary listed in the Codes of Practice
To qualify, you must have had at least one of these visas in the 5 years:
• Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010 (Which I am not eligible for)
Work Permit for an intra-company transfer

Can someone explain me about the work permit for an intra company transfer mentioned here and if I am eligible to apply for this??

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zimba
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Re: ICT - ILR New rules - Need clarification.

Post by zimba » Mon Mar 02, 2020 1:08 pm

Information on Gov.UK website sometimes is poorly worded which leads to confusion.
There are no new rules and there is no route to ILR under Tier 2 ICT. You cannot apply for ILR under Tier 2 ICT unless you entered the route before April 2010. Work permits were abolished in 2008. Tier 2 ICT is designed to allow employees to work for their employers in the UK on temporary basis without a path to settlement here.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: ICT - ILR New rules - Need clarification.

Post by CR001 » Mon Mar 02, 2020 1:10 pm

You cannot apply for ilr based on 5 years ICT.

The work permit referred to specifically refers to the old style Work Permit which was discontinued in 2008 when the points based system was introduced.

There has been no "new rule" for ICT visa holders to apply for ilr if their visas were issued after 6 April 2010.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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