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TIER 2 ICT Extension Clarification

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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dhanvanttri
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TIER 2 ICT Extension Clarification

Post by dhanvanttri » Wed Apr 07, 2021 12:25 pm

Dear Team,

I visa for ICT long term granted on May 26th 2017 and I came to UK on June 3rd 2017 and continued to stay in UK for 3 years 10 months , I am due for extension in another 1 month for my 5th year ICT LT visa. My query is below before coming to UK on ICT long term visa I was staying in UK on ICT ST visa from June 2nd 2015 till May 28th 2016. Before applying for my current ICT LT Visa I was in INDIA for 11 months 28 days exactly. SO my main question is will my 5th year extension be granted considering the new "5 years in any 6 years period" rule for extension. I am confused any help will be appreciated.

PS: Though my Visa was granted on May 26th 2017 I travelled to UK only on June 3rd so techniclaly I stayed in India for 1 Year and 5 days before travelling to UK.

ICT Short Term Visa June 2nd 2015 to 28 May 2016.
ICT Long Term Visa May 26 2017 till 8th June 2021.

Cooling off In between 11 months 28 days in India.

Am I eligible for 1 more year of extension.

Thanks,
Dhanvanttri.P

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 ICT Extension Clarification

Post by manci » Thu Apr 08, 2021 7:35 pm

dhanvanttri wrote:
Wed Apr 07, 2021 12:25 pm
ICT Short Term Visa June 2nd 2015 to 28 May 2016.
ICT Long Term Visa May 26 2017 till 8th June 2021.
The rules are:
IC 11.2. If the applicant is not a high earner, the grant of permission must not lead to the applicant being granted cumulative periods of permission in the Intra-Company routes totalling more than 5 years in any 6-year period.
and
IC 11.3. When calculating the cumulative periods of permission referred to in IC 11.1. and IC 11.2, the decision maker will include the following:
(a) all previous permission on the Intra-Company routes; and


IMHO you should get a 1 year extension to June 2022 because including this 1 year extension you will not have more than 5 years leave in the 6 year period ending June 2022. Your short term ICT leave ended in May 2016. outside the 6 year period..
Personal opinion, not professional or legal advice

dhanvanttri
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Posts: 6
Joined: Wed Apr 07, 2021 12:11 pm
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Re: TIER 2 ICT Extension Clarification

Post by dhanvanttri » Fri Apr 09, 2021 6:46 am

There is 2 days lapse though btw 2 ICT visa my cooling off was 11 months 28 days rather than 12 months. That shouldn't be a major blocker right?

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 ICT Extension Clarification

Post by manci » Fri Apr 09, 2021 9:03 am

You were not subject to the cooling-off rule because in 2017 you applied under the Tier 2 ICT Long Term Staff category and your previous leave had been in the Tier 2 ICT Short Term staff category . This was one of the exceptions from having to cool-off.
Personal opinion, not professional or legal advice

dhanvanttri
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Joined: Wed Apr 07, 2021 12:11 pm
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Re: TIER 2 ICT Extension Clarification

Post by dhanvanttri » Fri Apr 09, 2021 9:18 am

Hopefully no blockers for my case. Thanks for your reply though. If anyone has my situation please post here what happened to your scenario.

dhanvanttri
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Posts: 6
Joined: Wed Apr 07, 2021 12:11 pm
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Re: TIER 2 ICT Extension Clarification

Post by dhanvanttri » Tue May 18, 2021 8:55 am

Hi All,

I received my extension for 1 Year, i am posting this so that it could help others in similar position.

Thanks,
Dhanvanttri.P

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