Question regarding the 6 years rule

[broccoli]

Hello,

If someone got a tier 2 ICT entry clearance in 2011 but after April, then left in early 2012 and reapplied for an entry clearance as Tier 2 general, the question is:
Would he be able to extend the visa until 2017 or 2018?

[manci]

as the break between your T2 ICT and T2G leaves must have been longer than 28 days (because of cooling-off), the 6 years cap will apply from the start of the T2G leave.

[broccoli]

Hello manci,
it was right before the introduction of the rule about the cooling off period. So actually the first entry clearance was still running when the second one superseded it.
What does that imply?

[manci]

your T2 ICT leave would have been curtailed (whether you were aware of it or not) when your employment terminated. Your visa lapsed when you left the UK in 2012.

What were the actual dates?

[broccoli]

Hi Manci

Sorry if I wasn't clear.
The first visa was for 3 years, I left after 1 year, got it cancelled and replaced overseas. I didn't mean both were running at the same time. I re-joined the same company under a different position and a new visa before the cooling off rule was established.
Does that mean I can still till 2017 or 2018?

[manci]

not possible to comment without your full immigration history (with dates)

[broccoli]

Hi Manci,
T2ICT entry clearance valid from June 3 2011.
Left towards end of February 2012. Applied for entry clearance as T2G on April 2 2012.

[broccoli]

Any feedback please?

[manci]

IMHO continuity has been broken by the entry clearance in 2012. Read immigration rule 245HE(a):
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[broccoli]

Thanks Manci.
For ILR purposes, I'm sure the time as ICT doesn't count as it's post April 6 2011.
However, my only worry is that when I extend my T2G, they might limit it to 6 years from the first entry clearance, not the second. This way, I will have very limited time between the minimum of 5 years (April 2 2017) and the maximum of 6 years (June 3 2017) to get a possible ILR sorted. Like, if I get refused, time to reapply is limited. But if the 6 years start counting from 2012, then it helps a bit?

[broccoli]

What do you think manci?
Cheers