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My First Tier2 ICT Long Term visa was valid from 25 Mar 2010. However there was delay in my Project and I couldn't travel to UK with first Visa. As suggested by my Company HR , I had to apply for second Tier2 ICT Long Term visa in July2010 (since there was UKBA policy change in Apr2010) and travelled to UK on 1st Aug2010. Since Aug2010 I continued my stay (with extensions on the same category with same employer) and completed 5 years of stay in Aug2015.
1. Could you please advise if there is any possibility for ILR with above conditions ?
2. Will my First Visa Start date taken into account for verifying the ILR eligibility?
3. Generally for ILR eligibility, will UKBA consider the Visa Start Date or UK Entry date into account ?

narass wrote:My First Tier2 ICT Long Term visa was valid from 25 Mar 2010. However there was delay in my Project and I couldn't travel to UK with first Visa. As suggested by my Company HR , I had to apply for second Tier2 ICT Long Term visa in July2010 (since there was UKBA policy change in Apr2010) and travelled to UK on 1st Aug2010. Since Aug2010 I continued my stay (with extensions on the same category with same employer) and completed 5 years of stay in Aug2015.
1. Could you please advise if there is any possibility for ILR with above conditions ?
2. Will my First Visa Start date taken into account for verifying the ILR eligibility?
3. Generally for ILR eligibility, will UKBA consider the Visa Start Date or UK Entry date into account ?

1.) Nope.
2.) It is the second entry clearance that will be counted as the date. You are eligible for 10 year long residence and you can keep renewing your visa from inside the UK... Or you could switch to a new employer and clock either 5 or 10 years. You would need to meet the requirements for 10 years.
3.) Visa start date, from the most recent entry clearance, with the relevant residency.

The first visa lapsed as you did not make use of it so unfortunately you fall under the new ICT rules. Physicskate you're right in your observations except that ILr clock does not need to start from most recent entry clearance.

Time spent outside the UK

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months

Sheffield_Marketeer wrote:The first visa lapsed as you did not make use of it so unfortunately you fall under the new ICT rules. Physicskate you're right in your observations except that ILr clock does not need to start from most recent entry clearance.

Time spent outside the UK

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months

The rules you quote apply to long residence, not to PBS routes...

narass wrote:3. Generally for ILR eligibility, will UKBA consider the Visa Start Date or UK Entry date into account ?

For ILR via Long Residence, UK Entry date only.
For most other purposes, Visa Start date, unless the person entered the UK more than 90 days after the Visa Start Date. In that case, it is the UK Entry date.

physicskate wrote:

Sheffield_Marketeer wrote:The first visa lapsed as you did not make use of it so unfortunately you fall under the new ICT rules. Physicskate you're right in your observations except that ILr clock does not need to start from most recent entry clearance.

Time spent outside the UK

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months

The rules you quote apply to long residence, not to PBS routes...

In that case I stand corrected. Thanks.