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Calculation of Period for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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matsdeep
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Posts: 2
Joined: Wed Feb 19, 2020 12:16 pm
India

Calculation of Period for ILR

Post by matsdeep » Wed Feb 19, 2020 12:26 pm

Hi
With clause 245 HF in Immigration as below.
"as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the
UK includes a period of leave as:
(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or Archived
(2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
"

Does it mean that for calculation of period for ILR, time spent on ICT visa will also be included in calculation.

For example if during a continuous period(no break) if someone has spent 1 year on Tier 2 General and 4 years on Tier 2 ICT, will that person be eligible to apply for ILR?

Can you please confirm
Thanks

poper
Diamond Member
Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Re: Calculation of Period for ILR

Post by poper » Wed Feb 19, 2020 12:37 pm

The point you have highlighted relates to an obsolete visa which existed until 2008. Time spent on Tier 2 ICT post April 2010 cannot be counted towards ILR over 5 year route.
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

matsdeep
Newly Registered
Posts: 2
Joined: Wed Feb 19, 2020 12:16 pm
India

Re: Calculation of Period for ILR

Post by matsdeep » Wed Feb 19, 2020 2:14 pm

Thanks very much for the response.

However this is 2019 rule in Immigeration link..:-(

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zimba
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Re: Calculation of Period for ILR

Post by zimba » Wed Feb 19, 2020 2:35 pm

@matsdeep
You can only include leave as a Tier 2 (Intra-Company Transfer) Migrant if the continuous period of 5 years spent lawfully in the United Kingdom includes a period of leave as:
• a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
• a Work Permit Holder, provided that the work permit was granted because you were the subject of an Intra-Company Transfer.
https://assets.publishing.service.gov.u ... FINAL1.pdf

So the time spent under Tier 2 ICT can count ONLY if you were granted such a visa before 6 April 2010
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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