Tier2 ICT and ILR/ options to convert to Tier2 General

Hi,

I came to UK in Mar 2011 under Tier 2 ICT Established Staff. Got my Visa extended two times (1 yr+ 3 yrs). Now My Visa is expiring in Apr, 2016. I have two dependent on me: My Wife and My Son born here in oct, 2012. I need clarification on these points:

1. Will I be applicable for ILR in MAR 2016 ( As I will complete 5 Yrs by then and I am earning 40k) My visa is issued in Mar 2011.


2. If Not, I am planning to change to Tier2 General visa. Suppose I change my Tier2 Genaral visa in Jan 2016, how many more years I need to complete in UK to get ILR.

3. what are the other possibilities, If My wife(dependent applicant) changes to TIER2 GENERAL visa, how many years we need to spend in UK to get ILR

4. Is there any possibility if we can get ILR, based on our child which is born on oct, 2012. how many years we need to spend here to get our ILR through him?

Many thanks in advance. please help me in planning my stay in UK. Me and my wife are software engineer and we are working under same employer.

Best Regards,
Jatinder Singh

1. As far as I am aware, Tier 2 ICT applications made on or after 6th April 2010 no longer leads to ILR.

2. You will need 5 years on Tier 2 General for ILR.

3. Still 5 years on Tier 2 G regardless of who applies as main applicant. 12 month cooling off period will apply from date of departure if you want to apply as main applicant. If your spouse is Tier 2 ICT dependent, cooling off period won't apply. Your sponsor needs to complete all the processes and RLMT etc.

4. No. The application you are referring to is once a child has lived in the UK for 7 years, not always successful.

Are you sure, these rules are applicable on my visa. As per my knowledge cooling off and and these rules are applicable on visa which is issued after Apr, 2011.

I did start my post saying 'as far as I am aware'...... Perhaps wait for Manci or moonlight55 to confirm.

1. CR001 is correct. You cannot go for ILR on your current visa since it was granted after Apr-2010.

2. However, you can switch to Tier 2 General from within UK since your visa was granted before Apr-2011. Cool-off will not apply. However, you will need to find a sponsor who will have to conduct the RLMT. Your ILR clock will be reset to 0 if you switch to Tier 2 General.

3. 5 years for ILR if your spouse moves to Tier 2 General and you become her dependent.

4. Another option - since your visa was issued between Apr-2010 and Apr-2011, there is no 5 year limit on your ICT visa. You can extend as long as your employer is ready to assign you a COS. If that works out, you can apply for ILR under 10 year rule.

Thanks moonlight55.

Could you clarify if the spouse who is on Tier 2 ICT Dependent (from what I understand the OP has said), switch in country to Tier 2 G or would it have to be an application from home country? And if the OP then applies as Tier 2 G dependent, can that switch be done within the UK?

1. Dependent has to apply for T2 General from home country.
2. OP can switch to spouse's dependent from within UK once the spouse is back in UK on the new T2 General visa.

Thanks a lot CR001 and Moonlight55 for your clarifications and answering my queries.

What is RLMT? Can you please elaborate on this? What requirements does I or my employer need to fulfill to get me RLMT?

Many Thanks,
Jatinder Singh

What is RLMT? Can you please elaborate on this? What requirements does I or my employer need to fulfill to get me RLMT?

Resident Labour Market Test

Your employer has to do.

https://www.gov.uk/uk-visa-sponsorship- ... uitability