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Tier 2 ICT Long term staff unlimited renewals

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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GreenHouse
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Posts: 2
Joined: Fri Jul 31, 2015 1:57 am

Tier 2 ICT Long term staff unlimited renewals

Post by GreenHouse » Fri Jul 31, 2015 2:06 am

Hi manci,

I came to UK in Jan 2011 on Tier 2 ICT. Got my visa renewed till Oct 2013 Tier 2 ICT Long term.
Went back to India in March 2012 and came back in March 2013 on same visa(one year Gap).
Then visa got renewed from Oct 2013 till Oct 2015.
Again my visa is renewed for three years till Oct 2018.
I understand there is no scope of 5 year route to ILR for me, but my company says I cannt renew my visa beyond 2020 and will have to travel back to India.
That means I cannt even apply for settlement via long residence settlement (10 years)

But your previous posts suggests that it can be renewed unlimited times.

Have the visa rules changed recently? I am unable to find this in Tier 2 policy Guidance.
What are other alternatives for ILR then?

Please guide me.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Tier 2 ICT Long term staff unlimited renewals

Post by physicskate » Fri Jul 31, 2015 9:56 am

GreenHouse wrote:Hi manci,

I came to UK in Jan 2011 on Tier 2 ICT. Got my visa renewed till Oct 2013 Tier 2 ICT Long term.
Went back to India in March 2012 and came back in March 2013 on same visa(one year Gap).
Then visa got renewed from Oct 2013 till Oct 2015.
Again my visa is renewed for three years till Oct 2018.
I understand there is no scope of 5 year route to ILR for me, but my company says I cannt renew my visa beyond 2020 and will have to travel back to India.
That means I cannt even apply for settlement via long residence settlement (10 years)

But your previous posts suggests that it can be renewed unlimited times.

Have the visa rules changed recently? I am unable to find this in Tier 2 policy Guidance.
What are other alternatives for ILR then?

Please guide me.
You would have reset your 10 year clock when you left the country for a year. Who knows what the rules will be in three years let alone the eight(ish) years that you are away from hitting the 10 year continuous residence mark in 2023!

The rules state that you can apply for extensions for 'more than five years.' The guidance does not specify for how long you can apply for extensions beyond that.

Would you not be better trying to find a new employer and switching to Tier 2 General?

From the Tier 2 guidance (page 12)
28.
If you are already in the UK and were initially granted leave in one of the categories listed below:
Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6 April 2011,
Tier 2 (Intra-Company Transfer), under the Rules in place before 6 April 2010,
Intra-Company Transfer work permit holder (except multiple entry work permits),
Representative of an Overseas Business (this includes representatives of overseas media companies)

and youhave not since been granted leave to remain, entry clearance or leave to enter inany other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend your stay beyond 5 years.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 ICT Long term staff unlimited renewals

Post by geriatrix » Fri Jul 31, 2015 10:30 am

GreenHouse wrote: I came to UK in Jan 2011 on Tier 2 ICT.
If the only entry clearance grant was the one that you entered with in 2011 and if all other applications since then have been "extensions" from within the UK, then under current rules, I believe there is no limit on the maximum number of years that you may be granted leave to remain as a Tier 2 (ICT-Long term) migrant. Because 245GE(b)(v) applies, 245GE(a)(iii) will never be 0.

That said, and as already hinted above, your never know when the immigration rules affecting you may change!
Life isn't fair, but you can be!

GreenHouse
Newly Registered
Posts: 2
Joined: Fri Jul 31, 2015 1:57 am

Re: Tier 2 ICT Long term staff unlimited renewals

Post by GreenHouse » Mon Aug 03, 2015 5:18 pm

Thank you very much for you reply
I understand that rules affecting me may change anytime
But is there any online documentation that confirms I can not renew m visa beyond 2020 an hence not eligible for long term residency settlement as there was one year gap ?

Or its better to switch to tier 2 General?
Will this option be too difficult?

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Tier 2 ICT Long term staff unlimited renewals

Post by physicskate » Mon Aug 03, 2015 5:29 pm

GreenHouse wrote:Thank you very much for you reply
I understand that rules affecting me may change anytime
But is there any online documentation that confirms I can not renew m visa beyond 2020 an hence not eligible for long term residency settlement as there was one year gap ?

Or its better to switch to tier 2 General?
Will this option be too difficult?

As we already said, there is no guidance saying you cannot renew after 2020 because you can!

Switching to Tier 2 general requires you to pass the RLMT with a new employer and meet the salary requirements. Job must be above NQF 6 and you will be (at least) 5 years away from ILR...

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