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Tier 2 ICT to ILR

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

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Use4free
Newly Registered
Posts: 1
Joined: Fri Jan 24, 2014 12:59 am

Tier 2 ICT to ILR

Post by Use4free » Fri Jan 24, 2014 1:15 am

I have ICT done on 30th-March-2010 and arrived in UK 8th April 2010, since then I have been in UK barring couple of months vacation and short business travel outside country, I have extended ICT in Feb,2013 for 2 more years to Feb, 2015.
- Am I eligible for ILR when time comes (after 5 years completion)?
- Can I apply for further extension to Tier 2 ICT? I suppose, its yes, as 5 year max stay rule is not application for anyone before 6th April, 2011 rule. Pls confirm.
- Can I apply for ILR in Late Jan,2015 or Feb,2015.. 90 days before 5 years completion. so that I can avoid applying for further extension. I am asking this because , I think there is 90 days grace period is given when VISA expiry is too close to 5 year period. Pls confirm.
- in case, I get further extension of ICT in 2015 for a 1-2 years, Can I apply for ILR when I have ICT with still validity for more than a year or some

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

Re: Tier 2 ICT to ILR

Post by manci » Fri Jan 24, 2014 9:18 am

Use4free wrote:I have ICT done on 30th-March-2010 and arrived in UK 8th April 2010, since then I have been in UK barring couple of months vacation and short business travel outside country, I have extended ICT in Feb,2013 for 2 more years to Feb, 2015.
- Am I eligible for ILR when time comes (after 5 years completion)?
YES

- Can I apply for further extension to Tier 2 ICT? I suppose, its yes, as 5 year max stay rule is not application for anyone before 6th April, 2011 rule. Pls confirm.
YES

- Can I apply for ILR in Late Jan,2015 or Feb,2015.. 90 days before 5 years completion. so that I can avoid applying for further extension. I am asking this because , I think there is 90 days grace period is given when VISA expiry is too close to 5 year period. Pls confirm.
NO. If your entry clearance in 2010 was valid from 30/03/2010 then the earliest you could apply would be 28 days before 30/03/2015. From
http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/:
Please do not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must apply before your current permission to stay in the UK ends.

The 90 day concession you refer to only covers the gap between entry clearance and actual arrival in the UK which, assuming the "valid from" date of your entry clearance was 30/03/2010, was only 9 days in your case. The problem is that you applied for your extension in 2013 too early.

There is another concession according to which 28 day overstay is disregarded, i.e. you could apply up to 28 days after the expiry of your leave in 2015 but this would be risky, and therefore not recommended, because if your application were to be refused for whatever reason you would not get a right to appeal and would have to leave the UK


- in case, I get further extension of ICT in 2015 for a 1-2 years, Can I apply for ILR when I have ICT with still validity for more than a year or some
YES

pelican2016
Junior Member
Posts: 52
Joined: Fri Jun 18, 2010 7:43 am

Re: Tier 2 ICT to ILR

Post by pelican2016 » Mon Mar 03, 2014 3:16 pm

Hi Team,

Sorry to hijack this thread but thought it will be reasonable to use existing thread with similar situation rather then creating a new one. I am bit confused with my eligibility for ILR and following is my case.

1) ICT - Sept 2009 to March 2010(Left UK on 19th Jan 2010 as project completed)
2) ICT - 19th May 2010 to 22nd May 2011 (As per my company COS applied before April 6th 2010 but delayed going for visa because of my marriage in May 2010).
3) Tier 1 - 21st July 2010 - 20th July 2012 (Moved from ICT to Tier 1 as per rules before July 21st 2010).
4) Tier 1 - 21st July 2012 - 20th July 2015.

No Problems with holidays except the period between 19th Jan 2010 - 20th may 2010(119 days).
Am I eligible for ILR in Aug 2014 or do I need to wait till June 2015?

Thanks

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