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ILR after tier 2 ICT and tier 2 General visa

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

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nirvana2108
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ILR after tier 2 ICT and tier 2 General visa

Post by nirvana2108 » Sun Oct 11, 2020 12:45 am

Dear friends,
I have been in the UK since May 2015 under different visa categories as below;
PBS dependent visa with work permit - May 2015 to Feb 2020
Tier 2 General (primary) - Feb 2020 till date

I am now working for my current organisation for 4+ years (since Feb 2016), who is also the sponsor of my Tier 2 General visa.

I was exploring options to apply for ILR, now that I have completed 5 years of continuous residence and came across this on the govuk website "the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer".
Based on this it seems like I am eligible as 4years 10months that I spent in the UK were as a dependent of ICT visa holder and my visa stated 'work permitted'.
Please note that I satisfy all other criteria related to salary.
I only want to understand if time spent as a dependent ICT/PBS visa holder will be considered for the 5 years 'continuous residence' clause. Again, overall I have been a resident in the UK for 5 years and 5 months in total.

Any help appreciated. Thanks in advance.

Best regards,
N

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CR001
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Re: ILR after tier 2 ICT and tier 2 General visa

Post by CR001 » Sun Oct 11, 2020 8:30 am

I was exploring options to apply for ILR, now that I have completed 5 years of continuous residence and came across this on the govuk website "the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer".
Based on this it seems like I am eligible as 4years 10months that I spent in the UK were as a dependent of ICT visa holder and my visa stated 'work permitted'.
No it doesn't state what you believe it does. You did NOT hold and ICT work permit. You held a dependent visa. Work permit (a visa) and work permitted (allowed to work) are not the same thing. The work permit referred to above is also the old style work permit that was discontinued in 2008 when the PBS routes were introduced
I only want to understand if time spent as a dependent ICT/PBS visa holder will be considered for the 5 years 'continuous residence' clause. Again, overall I have been a resident in the UK for 5 years and 5 months in total.
No it won't be considered. You cannot combine PBS dependent time with tier 2 general main visa holder time to make up 5 years for ilr. The rules don't permit this. You need 5 years in tier 2 general before you can apply for ilr.
Char (CR001 not Casa)
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nirvana2108
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Joined: Sun Oct 11, 2020 12:19 am
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Re: ILR after tier 2 ICT and tier 2 General visa

Post by nirvana2108 » Sun Oct 11, 2020 10:13 am

Thank you CR001. Although, I was hoping for a more favourable answer, it is what it is :) .
May I ask, in that case can my husband apply for ILR, as he was first on ICT (primary), with restricted work permitted. Now he is on Tier 2 Dependent.

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CR001
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Re: ILR after tier 2 ICT and tier 2 General visa

Post by CR001 » Sun Oct 11, 2020 10:19 am

May I ask, in that case can my husband apply for ILR, as he was first on ICT (primary), with restricted work permitted. Now he is on Tier 2 Dependent.
No. The same applies. He cannot combine tier 2 ICT with tier 2 dependent visa to make up 5 years. A PBS dependent also CANNOT be granted ilr based on 5 years PBS dependent route if the main tier 2 general visa holder is not also applying for or already has ilr.

His tier 2 ICT also does NOT lead to ILR if it was issued on or after 6th April 2010.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nirvana2108
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Joined: Sun Oct 11, 2020 12:19 am
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Re: ILR after tier 2 ICT and tier 2 General visa

Post by nirvana2108 » Sun Oct 11, 2020 10:27 am

I did suspect that. Thanks anyway for your prompt response.

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