Tier 2 ITC extension beyond 5 years -urgent

[Sydneylolew]

Need advice on how can I extend my stay in UK urgently.

I first came to UK on 29 Jan 2011 under tier 2 ITC established staffs, visa was issued and valid from 14 Jan 2011. It was granted for 3 years with expiry date as 14 Jan 2014.
In Nov 2013, my company help to organise my visa extension and I got a visa under Tier 2 ITC long term Staff leave to remain, valid from 15 jan 2014 expire on 14 January 2016.

For this case if I can extend my stay after 5 years? I have checked on Home Office website, I can still confuse if I can extend to stay in UK after 5 years. As under tier 2 ITC I can't but since my first visa was granted before April 2011 so it seems 5 years rule is not applied?? I am just very confused.

In case not possible, any suggestion in what way I can continue to work in UK legally under what visa?

[geriatrix]

It's not ITC, but ICT.

I believe you are not subject to any time limit, since you were first given entry clearance as Tier 2 ICT Established staff as per rules before April 2011 and you have only extended as Tier 2 ICT Long-term staff since then (i.e.- never applied for entry clearnace from outside UK).
See 245GE(b)(v).

[Sydneylolew]

Hi,

Thanks so much for your reply. Sorry it was Tier 2 ICT. I was a bit panic last night when I entered my post to ask for help.

If I understand you correctly, since my entry clearance was granted under tier 2 ICT established staffs before 6 Apr 2011, although my current tier 2 ICT long term staff leave to remain visa was grant in Jan 2014, I am not subject to any tine limit to work in UK under the same sponsor.

Sorry for asking but zI want to make sure I understand implication of 245GE(b)(v) point 2 and 3.

[Sydneylolew]

Hi sushdmehda,

While waiting for your reply (sorry I don't mean to be rude to chase you but I don't have much time left before my visa expired... so please accept my apologise in case I have annoyed you), I have went through some posts in topics related to my case like below example.

http://www.immigrationboards.com/uk-tie ... 7-160.html

Basically there will be no time cap apply for extension under tier 2 ICT Long Term Staff if a tier 2 ICT Established Staff was first granted before 6 April 2011, which is exactly the applied for my case (lol, no panic now)

However I have another question. For applying an extension tier 2 ICT long term staff visa in my case, do I need to fulfil minimum 41500 GBP annual salary or I just need to have my salary above appropriate salary for my assigned SoC? My current salary is slightly below 41500 GBP requirement but is definitely above appropriate salary in my SoC. I remember I have read something on Home Office guideline saying Tier 2 ICT visa holder is already in UK before 6 April 2011 ( no doubt this will become my favourable date ever lol), salary just need to be above appropriate salary of SoC.

If you may give me a confirmation if this is correct?

My sponsor can get me a new CoS for another couple of years but I just want to make sure information I am going to provide to HR is correct as there is not much time buffer for my case.

Beside, if you know usually how long will it take my sponsor (who is A+ rating) to get a new CoS?

Thanks again for your advice and looking forward to receiving your feedback soon.

Regards,

Sydney

[geriatrix]

Read clause 28 of Tier 2 policy guidance.

[Sydneylolew]

Hi sushdmehta,

Thanks very much for your guidance,now its all clear and my company had agreed to extend and organize visa extension for me for another year.

I have another question. Assuming my new visa will be expired in Jan 2017, in case I find another sponsor (under my current company but in different division and hold a different sponsor license. If I am entitle to switch form Tier 2 ICT to Tier 2 General despite I will be in UK up to 6 years?

Thanks you so much for your reply in advanced!

Sydney

[geriatrix]

Read the FAQs.