Advise needed for ILR -having ICT

[Sunil Reddy]

Hi
Can some one please let me know if i am eligible for ILR based on the following

First Visa (ICT - Migrant) start date - 14 /05/2009 end date 02/06/2010 -
First entry to UK - 25/05/09 to 03/06/09 than came back to UK
06/09/09 to 09/04/2010 - then went back as project got completed and applied New Visa with same company as below
Second Visa (ICT - established Staff) - 08/06/2010 - 30/01/2011 which has been extended now a couple of times till feb 2015
there is a 6 day break in the visa and also a 73 days break when i went in April 2010 and came back in June 2010, I was not in UK though i worked for the same company
entry date - 23/06/2010 - and than i have not been out for more then a month till date..

Based on the above -
am i eligible for ILR?
if so when is the earliest i can apply?
can i show that the days outside were holidays and can be counted as 180 days
please let me know if there any information i need to provide

many thanks in advance
Rgds
Sunil

[Apam]

Out of country Tier 2 ICT after april 2010 unfortunately disqualifies you from applying for ILR. You can switch to tier 2 G if you like in that case ILR is very likely after 5 years.

[Sunil Reddy]

hi
Thanks for reply but should i not be be eligible based on the 2009 ICT as this is what is written in the Official document Guidance –ILR – calculating continuous period in the UK – v11.0 and there is only a 6 day break between visa's
-----------------------------------------------------------
The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
If the applicant’s leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant’s continuous period is not broken. In this circumstance, if they successfully get a new grant of entry clearance, the period spent outside of the UK will count towards the 180 days allowable absence.
----------------------=====================------------------------------------------
Work permit holders must have been employed continuously in the UK throughout the five years, under the terms of their work permit, or in the employment for which they were granted leave to enter or remain. However, you must not consider the continuous period to be broken provided that during a break in employment, they applied within 60 days of the end of their previous employment for:
 a new work permit and/or leave as a work permit holder, or
 leave as an employee under any provisions of part 5 of the Immigration Rules

Also if i change to Tier 2 General when can i apply for ILR? is the ICT stay counted towards ILR?

regards
Sunil

[Apam]

From the info given, you let the uk, and applied tir EC june 2010 ICT. This was after april 2010 when the rules were changed. This is why you may not qualify. If your visa from 2009 was still valid when you came back to the uk in june 2010, you would have been ok.
Not sure why you are referring to 6 days gap!
Don't forget ict to ilr rules unfortunately changed in April 2010.This is my area of concern. The best way is to speak to a solicitor, email ukba for more details or even take your chanxe and apply for ilr and see how it goes.

[Apam]

Very sorry, ignore my 2 previous posts!
Your dates are confusing, have had a good look.
You actually may qualify;
Your continous stay on ICT may not have been broken as you applied for a new visa in less than 28 days.
In that case, you should apply 28days before ict issue date.2009.
Tip: Good luck with your application and share your experience with all of us.

[Sunil Reddy]

Hi Apam,Manci,
thank you for the information and i want to know if the following is ok
First Visa (ICT - Migrant) start date - 14 /05/2009 end date 02/06/2010 - 
Second Visa (ICT - established Staff) - 08/06/2010 - 30/01/2011

i am ok with respect to the dates and break-- but am i eligible based on the different type of Visa?? your advise is really appreciated
is there any documentation on this - i was not able to see any on the official website

regards
Sunil

[vpsenthilkumar78]

Hi Sunil Reddy,

I'm also in same boat.

Have you got the ILR?
if you have got ILR please advice me.

Please find my below details.

Travel 1.
Visa Type : VISA TIER2(INT COM TRAN) MIGRANT
Visa Valid from and To : 29/06/2009 to 14/07/2010
Absences before enter into UK : less than 180 days
Enter and stayed in UK : 01/11/2009 to 13/12/2009
No of days stayed: 43 days then travel to India on Dec-2009

Travel 2.
Visa Type: The same above visa
Absences :93 days
Enter and stayed in UK : 04/04/2010 to 16/05/2010
No of days stayed: 43 days

Since my visa expired on 14-July-2010 I Applied new visa (VISA TIER2(INT COM TRAN) ESTABLISHED STAFF) within 28 days on 08-Aug-2010 and got visa from 16-Aug-2010.

Travel 3.
Visa Type: VISA TIER2(INT COM TRAN) ESTABLISHED STAFF
Absences :110 day
Enter and stayed in UK : 05/09/2010 to Till date (visa got extende twice in UK)

[rogengg]

Hi guys,
I am kind of in a similar boat.

Basically I got my wp visa extended to T2 ICT in May 2009 for 2 yrs and then I went back to India in Jul 2009. I returned to the UK in May 2010, switched to T1 general in Apr 2011 and have been here ever since. I was hoping to apply for ILR in 2015 counting my time from May 2010 (which falls under T2 ICT) but I am not sure. From what I have read your qualifying period will count if T2 ICT was granted before Apr 2010 but there is no mention of "the start date should also be before Apr 2010". Can anyone please help out.

Many Thanks

[vishpb35]

If ur first entry stamp was before apr 2010 then you are eligible for ILR 200% provided u hav not exceeded 180 days in any year.

Any new entry stamps after 2010 does nt matter as long not more than 180 days gap. If ur first visa expired and u didnt apllied for next visa within 28 days then you may b looking at 50-50 chance

All the best

[vishpb35]

I would also recommend to provide letter of absences from employer or manager to strengthen ur case.

Also book peo appointment if possible

[vishpb35]

Hi Apam,Manci,
thank you for the information and i want to know if the following is ok
First Visa (ICT - Migrant) start date - 14 /05/2009 end date 02/06/2010 - 
Second Visa (ICT - established Staff) - 08/06/2010 - 30/01/2011

i am ok with respect to the dates and break-- but am i eligible based on the different type of Visa?? your advise is really appreciated
is there any documentation on this - i was not able to see any on the official website

regards
Sunil

Go for it mate, u r eligible for ILR , ur first entry js before apr 2010

[vishpb35]

Hi Apam,Manci,
thank you for the information and i want to know if the following is ok
First Visa (ICT - Migrant) start date - 14 /05/2009 end date 02/06/2010 - 
Second Visa (ICT - established Staff) - 08/06/2010 - 30/01/2011

i am ok with respect to the dates and break-- but am i eligible based on the different type of Visa?? your advise is really appreciated
is there any documentation on this - i was not able to see any on the official website

regards
Sunil

Go for it mate, u r eligible for ILR , ur first entry js before apr 2010

[susan0x]

Sunil and Senthil, Please update your case outcomes on this thread also.......

[rogengg]

Although my 1st entry was before Apr 2010 but my 5 yr period starts from May 10 on the same T2 visa, would that work?