Work permit holders - Not eligible for ILR from next year

http://www.ukba.homeoffice.gov.uk/sitec ... IT-workers

check the message in BOLD

From the beginning of next year, workers in this category will need to have 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK, and the category will be closed as a route to permanent settlement in the UK.

they're talking about intra-company transfers, not all WP holders...

No i think any body in tier2 (old wp) would not be eligible for PR.

Intracompany transfer they mean is that people can brought on board after 12 months.

sreed_iyer wrote:No i think any body in tier2 (old wp) would not be eligible for PR.

Intracompany transfer they mean is that people can brought on board after 12 months.

sreed_iyer, I think your apprehension has taken over you. The guidelines are very clear on this. From 1 April 2010, any person coming on Tier 2 (Intra company transfer) will:
1. have to have worked for the company for atleast 12 months and
2. this visa category won't lead to settlement.

All other Tier 2 categories will still be eligible for settlement.

Sreed_iyer,
no need for misinformation...

"The government has responded to claims that the Tier 2 (Intra company transfer) category of the points-based system is providing a loophole for Indian IT companies to bring foreign workers into the UK.

Under an intra-company transfer, an employer can fill vacancies in its UK operations by bringing across some of its existing foreign-based staff. It has been claimed that this enables jobs in the IT and other sectors to be taken by migrants who are paid less than resident workers, but this is not true - workers coming to the UK in the Tier 2 (Intra company transfer) category must be paid the going rate.

From the beginning of next year, workers in this category will need to have 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK, and the category will be closed as a route to permanent settlement in the UK.

Border and Immigration Minister Phil Woolas said:

'Intra-company transfers are an important part of making the UK an attractive place in which to do business, and therefore keep industry and the economy moving.

'Workers that come in via this route must display the appropriate level of earnings and qualifications, and the numbers are strictly controlled by the points-based system - meaning only those the UK needs can come here.' "

I am not spreading any misinformation. I am just discussing my concerns. I thought this board is for such doubts and concerns

but where did you actually get that "all wp holders" will be effected
it just mentions intra company transfers, and mentions very clearly.

THis is for my friend please advice. he cam to britan in early 2006 and had 5 year WP he will be eiligibe for PR early next year. Now that WP is actually called TIer 2 ICT these days and with new change of rules early next year will he be eligible for PR early next year Please advice.

Just to add he was deputed abroad from his indian company here in uk on WP.

sreed_iyer wrote:Just to add he was deputed abroad from his indian company here in uk on WP.

can you clarify, was he deputed to India, or was he deputed to UK from India. your above statement is confusing.

May I also correct you that it will be ILR he will need to apply for and not PR.
PR is something that is issued to family members of EEA nationals.

He was deputed from India to Uk.
by PR i mean permanent resident.
sorry but while seaching for jobs people use the word PR more than ILR.
i do not think any agent would understand ILR unless they had a stint at hoime office.

Ok does any one have an answer for this
a WP for five years from 2006 to 2011 ( person deputed from india to uk)
would he be affected with the tier 2 (ICT) changes for getting ILR because though he is not in tier 2 (ICT) now but his old WP is technically tier 2 ICT

Hi hsmp2tier1,

Wanted to know about the date when this new rule starts, you mention

>>
From 1 April 2010, any person coming on Tier 2 (Intra company transfer) will:
1. have to have worked for the company for atleast 12 months and
2. this visa category won't lead to settlement.

on the home office website, it had said 'early next year', are we certain the changes are from April.. just wanted to confirm


sreed_iyer - I would think as long as the visa is the old format (WP) and not tier 2 ICT which came into effect from Nov 27 2008, the time spent on WP should qualify for ILR.
If your friend has the old format WP valid till 2011 then it might be ok.
But If your friend renews his visa now and he will surely get tier 2 ICT instead of WP, then the total time till 2011 will not be counted... this is my interpretation of the law and a few others as well.. we will have to wait and see when the details are published on this..

Thanks sherkhan

Yes i thought the same.i think he might be just lucky.

but the april 2010 date is that confirmed.i am not sure.the ukba website just says early next year.

sherkhan297 wrote:Hi hsmp2tier1,

Wanted to know about the date when this new rule starts, you mention

>>
From 1 April 2010, any person coming on Tier 2 (Intra company transfer) will:
1. have to have worked for the company for atleast 12 months and
2. this visa category won't lead to settlement.

on the home office website, it had said 'early next year', are we certain the changes are from April.. just wanted to confirm


sreed_iyer - I would think as long as the visa is the old format (WP) and not tier 2 ICT which came into effect from Nov 27 2008, the time spent on WP should qualify for ILR.
If your friend has the old format WP valid till 2011 then it might be ok.
But If your friend renews his visa now and he will surely get tier 2 ICT instead of WP, then the total time till 2011 will not be counted... this is my interpretation of the law and a few others as well.. we will have to wait and see when the details are published on this..

this seems like a reasonable assumption, but lets wait until home office has published more details/guidance and any transitional arrangements.

Just curious to know if somebody has changed the category from ICT to HSMP, will the period spent in ICT will qualify for ILR or not. Any thoughts

I do not know precisely, but the reasonable thought would be that time on ICT wont count towards ILR if the applicant changes to HSMP.

For getting an ILR on HSMP, you have to meet the rules for ILR based on HSMP, so dont think you will be able to count time spent in another category (ICT).