Tier 2 ICT (under rules before April2011) towards 10year ILR

[nayakmaster9]

Hi,

I came to UK on Tier 2 ICT (under rules before April 6th 2011). In short it can be extended for 10 years.

If I want to apply for Long term ILR 10 years route I am falling short of few months as I have entered UK 4 months late after getting my visa.

Date visa was granted - 20-Dec-2010
Date entered UK - 02-May-2011

With this I can will be able to complete 9.8 years approximately in the future. In order to complete 10 years and then apply for ILR, are there any options like below?

1. In the last year, apply a student visa for my wife and be a dependant and continue my employment and complete 10 year period stay and then apply for ILR

2. Change my visa from Tier 2 ICT to Tier 2 General and complete 10 year period


Also I heard about a rule that if a child under 18 years of age is in UK for 7 years we can apply for ILR. My child is born outside UK in 2014. Does the child needs to be born in UK? If not can you please explain about the visa type and eligibilty for the parents.

Any advice is hugely appreciated...

[physicskate]

Hi,

I came to UK on Tier 2 ICT (under rules before April 6th 2011). In short it can be extended for 10 years.

If I want to apply for Long term ILR 10 years route I am falling short of few months as I have entered UK 4 months late after getting my visa.

Date visa was granted - 20-Dec-2010
Date entered UK - 02-May-2011

With this I can will be able to complete 9.8 years approximately in the future. In order to complete 10 years and then apply for ILR, are there any options like below?

1. In the last year, apply a student visa for my wife and be a dependant and continue my employment and complete 10 year period stay and then apply for ILR

2. Change my visa from Tier 2 ICT to Tier 2 General and complete 10 year period


Also I heard about a rule that if a child under 18 years of age is in UK for 7 years we can apply for ILR. My child is born outside UK in 2014. Does the child needs to be born in UK? If not can you please explain about the visa type and eligibilty for the parents.

Any advice is hugely appreciated...

Wow. Speechless. The earliest you will be eligible for ILR is 28 days before 2 May 2021 under long residence rules. This is in 6 years time... Who knows what the rules will say then? They change all the time. You will need some extensions to reach that time.

You can change to Tier 2 General and this will set your ILR clock to 5 years if you meet the requirements at the time (salary etc). You will need to find a new employer and pass the RLMT etc.

Regarding the child in the UK for 7 years route, you will be eligible around the same time for long residence and this route can be discretionary; I would not go down this route as most applications are refused and it takes months of appeals to sort out.

My advice is to chill out and enjoy life. Switch to Tier 2 if you want/can or wait for 6 more years and continue to get Tier 2 ICT extensions.

[nayakmaster9]

Hi Physicskate,

Thanks for a detailed reply. I know that its a long time to wait and rules might change now and then.

But my employer has changed my employment to UK employment and this means I am a permanent employee in UK company. This is the reason I am sure that I would stay here for long. But my visa (Tier 2 ICT with rules before April 06th 2011)cannot be extended beyond 10 years in total. And I will be short of 4 months for LONG term ILR. That's the concern.

So you are sure that even if a child is NOT born in UK and stays here for 7 years, the parents aloing with the child can apply for ILR. If so how many days in an year can the child be outside UK.

I knwo I am asking a lot of questions but this helps.

Thanks a ton for the initial reply...

[physicskate]

Why can you not extend your Tier 2 ICT for more than 10 years?? The guidance doesn't say that you can't!

In fact, I very recently quoted the guidance in another similar thread (2/3 days ago?). If you search my post history I'm sure you will find it

[secret.simon]

It is commendable that you are planning in advance for this fairly important part of your life.

What Physicskate is trying to highlight is that the Immigration Rules are extremely fluid, especially now with a government and public hostile to immigration.

While the HSMP(JR) ruling has established the broad principle that somebody entering the country on an immigration visa is entitled to expect the rules about his visa type to continue for the foreseeable future, there is no such principle about long-residency visas, either for children or adults.

For instance, the 14 years illegal residency ILR requirement was recently increased to 20 years.

So, while you are planning years in advance, it may be that your plans are upended by a sudden change in the Rules, increasing the number of years for either the 10 year route for adults or the 7 year route for children.

That is why I believe that Physicskate is suggesting that you switch over to the Tier 2 General or other PBS route, which is more likely to be safeguarded than the long residency route.

Now, onto the Rules as they stand
a) If your child is born within the UK, s/he would get an entitlement to register as a British citizen at the age of 10 years if it spends its first 10 years in the UK (Section 1(4))

b) As your child was born outside the UK, provided it spends 7 years in the UK (to the best of my knowledge, it must be legally), s/he can get ILR after 7 years in the UK. As regards absence, there is no hard and fast rule, save to say it must be reasonable. So short vacations are fine, but if they spend every day outside school term outside the UK, the application will likely fail. The reason for granting ILR is that the child has developed a private life in the UK. If s/he spends a lot of time in other countries, especially in one specific country, it could be argued that there is no private life in the UK and hence no grant of ILR.

c) Based on your child's ILR, you would get 30 months leave to remain, which can be renewed for upto 10 years, when you become eligible for ILR(LR).

So, just to repeat, the child gets ILR based on 7 years residence. As parents, you only get 2.5 years renewable Leave To Remain, not ILR. You will get ILR based on Long residence.

[nayakmaster9]

Thanks Simon for the reply which is in detail and addressed all my questions.

I have searched for the UKBA documents and couldn't find. Can you please provide me the reference of the UKBA documents both for the ICT Tier 2 extensions with no limt (UNder rules before 06 April 2011) and 7 Years ILR for the child who is born outside UK.

Thanks in advance...

[physicskate]

Thanks Simon for the reply which is in detail and addressed all my questions.

I have searched for the UKBA documents and couldn't find. Can you please provide me the reference of the UKBA documents both for the ICT Tier 2 extensions with no limt (UNder rules before 06 April 2011) and 7 Years ILR for the child who is born outside UK.

Thanks in advance...

Or, you could do two seconds of your own research and look at my previous post like I already suggested....

http://www.immigrationboards.com/uk-tie ... l#p1224446

[geriatrix]

If my suspicions are true, then the "7 year child settlement policy" being mentioned here is not something that you can take for granted (let's say like an entitlement similar to PBS settlement).

Before I comments further, can secret.simon confirm which immigration rules cover the mentioned 7 year policy that is being referred to?

[secret.simon]

I stand corrected. It shows how much the devil is in the details.

@SushDMehta, I was referring to Paragraph 276ADE 1(iv). I was under the impression that it gave ILR to children who had spent 7 years in the UK, but on closer reading, it is only FLR of 2.5 years.

[nayakmaster9]

Hi All,

This is regarding the time to apply the 10 year ILR.

1. Can we apply for Long term residence ILR 10 year route before 6 months (i.e on completion of 9 year 6 months and have the visa validity to complete 10 years)?
2. To start the 10 year period, will the visa stamping date is taken into consideration and NOT the date of entry?

I know that there is a 28 day prior application for 5 year ILR. But I have heard from friend who have applied with the above criteria and have got his ILR approved.

In my case I have entered the country 4 months after the visa is issued. If both the above cases are correct, it will save me (6 months + 4months of late entry) in total.

Thanks in advance.

[physicskate]

Generally, you should not submit your application 28 days before 10 years of actually arriving in the UK (not the date of original visa issue). So not 10 months before you complete your LR.

However, some applications for LR are granted if you pass 10 years while the decision is being made, but you might have to appeal to get this concession. If they make a decision before you pass 10 years it will undoubtedly and correctly be rejected.

[geriatrix]

Topics merged.

[secret.simon]

2. To start the 10 year period, will the visa stamping date is taken into consideration and NOT the date of entry?

For Long Residency application, it is always the date of entry. Your long residency can only have started when you actually arrived.

Can we apply for Long term residence ILR 10 year route before 6 months (i.e on completion of 9 year 6 months and have the visa validity to complete 10 years)?

As Physicskate has advised, you can try, but it is a gamble. If the caseworker reaches your file before your 10 years are up, it will be rejected for not meeting the requirements. I am not sure if there is any provision for in-country appeal for such cases. You may end up losing the entire application fee and having to reapply with the entire fee again.