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Tier 2 General and ICT: A few questions and options

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Jas02
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Joined: Thu Jan 02, 2020 2:16 pm
United Kingdom

Tier 2 General and ICT: A few questions and options

Post by Jas02 » Thu Jan 02, 2020 2:52 pm

Hi,

New here and would really appreciate your help with the following;

1. We moved to the UK on my wife's Tier 2 ICT visa however the company made her redundant. I was on a Tier 2 ICT dependent visa and my company sponsored my Tier 2 General visa. Does our combined time between the Tier 2 ICT and Tier 2 General go towards the 5 years required for ILR? There was no gap and we just went back to our home country and applied and came back in a few days with me now as the main applicant on Tier 2 General visa.

2. My Tier 2 General visa is for 3 years and comes up for renewal next year. In case it does not get renewed by my company and my wife's company sponsors her Tier 2 General visa does this combined time go towards 5 years for ILR or does the clock start again as we have changed visa main applicants even though it is still on same visa type?

Thank you

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CR001
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Re: Tier 2 General and ICT: A few questions and options

Post by CR001 » Thu Jan 02, 2020 3:31 pm

1. We moved to the UK on my wife's Tier 2 ICT visa however the company made her redundant. I was on a Tier 2 ICT dependent visa and my company sponsored my Tier 2 General visa. Does our combined time between the Tier 2 ICT and Tier 2 General go towards the 5 years required for ILR? There was no gap and we just went back to our home country and applied and came back in a few days with me now as the main applicant on Tier 2 General visa.
No it does not. ICT does not lead to ILR based on 5 years residence. Your ILR clock starts from the date you got the Tier 2 General visa.
2. My Tier 2 General visa is for 3 years and comes up for renewal next year. In case it does not get renewed by my company and my wife's company sponsors her Tier 2 General visa does this combined time go towards 5 years for ILR or does the clock start again as we have changed visa main applicants even though it is still on same visa type?
No it does not. You cannot combine Tier 2 Dependent and Tier 2 main visa holder time to make up 5 years for ILR. You need 5 years as Tier 2 General or 5 years as Tier 2 Dependent. Every time you switch from dependent to main visa holder, your 5 year ILR clock resets to zero.

Note that Tier 2 General main visa holder falls under Immigration Rules Part 6a. Tier 2 Dependants fall under Immigration Rules Part 8 and Appendix W.
Char (CR001 not Casa)
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Jas02
Newly Registered
Posts: 2
Joined: Thu Jan 02, 2020 2:16 pm
United Kingdom

Re: Tier 2 General and ICT: A few questions and options

Post by Jas02 » Thu Jan 02, 2020 3:44 pm

Thank you. That was really helpful and appreciate your quick response.

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