Tier 2 ICT to ILR

[aka_1178]

Hi Manci,

I see that you're doing a great job in this forum by guiding people on their visa related queries.

In my case, I first came here in Feb, 2009 on Tier2 ICT for 2 years and after that came back on Tier2 ICT Long Term with a gap of 7 months (including visa application process duration).

Not sure if I would be eligibile to leverage the following clausing of calculating continuous period in UK.
"No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 months periods, preceding the date of the application for ILR."

Going by above, if I apply for ILR in Feb/Mar month continuous 180 days absence doesn't come in picture in any particular period in last 6-7 years as the absence gets spread over 2 periods.

Please suggest.

Regards, Akash

[geriatrix]

You must have valid leave to remain in the UK during your time spent outside UK for it to be considered as "absence from UK".

If you did not have leave to enter / remain in the UK during this period of stay outside the UK means that you were not even allowed to be in the UK so having to remain outside UK is a compulsion and not voluntary "absence".

So, share your visa effective / expiry dates, and your dates of exit and entry to the UK.

[physicskate]

In my case, I first came here in Feb, 2009 on Tier2 ICT for 2 years and after that got Tier2 ICT Long Term with a gap of 7 months (including visa application process duration).

Not sure if I would be eligibile to leverage the following clausing of calculating continuous period in UK.
"No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 months periods, preceding the date of the application for ILR."

Going by above, if I apply for ILR in Feb/Mar month continuous 180 days absence doesn't come in picture in any particular period in last 6-7 years as the absence gets spread over 2 periods. Please suggest.

Regards, Akash

What do you mean - 'with a gap'??? Does that mean you applied for a new entry clearance (applied outside the UK for a visa).

If you applied for new entry clearance after April 6, 2010, your argument splitting this 'gap' between two years is moot because ICT entry clearance applied for after that date does not lead to ILR.

[aka_1178]

Thanks for your prompt response.

Feb, 2009 - Jan, 2011 = Tier 2 ICT
Sep, 2011 - till date = Tier 2 ICT Long Term

Yes, I applied for a fresh visa after expiry of the previous one in Feb, 2011.

Are you saying that during absence period there has to be a valid visa to remain in UK ? Unfortunately I haven't read it anywhere, can you please share reference.

[manci]

read p27 onwards:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

[aka_1178]

Thanks Manci.

What about the cooling period of 3 months which was applicable before I would have applied for a fresh visa ? (so visa application was not possible in 28 days)

[physicskate]

Thanks Manci.

What about the cooling period of 3 months which was applicable before I would have applied for a fresh visa ? (so visa application was not possible in 28 days)

You are ineligible for ILR because you applied for entry clearance after 6 April, 2010. You also cannot change to a new employer because you applied for entry clearance after 6 April 2011. The rules do not care why you applied for entry clearance after these dates, unfortunately. The UK is trying to reduce net migration and this is one way it is trying to do that.

[aka_1178]

Just so you know, I have come across a similar case where ILR has been granted.
Will approach immigration lawyer for input.

Thanks all.

[physicskate]

Will approach immigration lawyer for input.

Thanks all.

Good luck with that. At least manci has pointed you in the direction of the immigration rules that will help your discussion.