WP(ICT) -> Tier2 ICT -> Tier2 G -> ILR successful

[KVP]

Dear members,

I would like to thank everyone who help other people.
I thought someone else in same situation may benefit from my post, so here goes my story.

1) First entry to UK in Oct 2008 under Work permit (ICT) valid until Oct 2010. Worked for employer A for only 8 months only and traveled back to India to continue work with the same employer.

2) After 14 months absence from UK but before expiry of WP (ICT) I applied for entry clearance under Tier 2 (ICT - Established Staff) from India in Sep 2010 with the same employer.

3) Traveled back to UK on Oct 2010, continued to work for same employer A till Aug 2014 including an extension in 2012.

So I had continuous leave as an ICT migrant from 2008 - 2014.

4) Quit the employer A in Aug 2014 and switched my visa to Tier 2 general in-country and started working for Employer B.


I was being told/advised by some solicitors(!) and HO customer care (on a number of different try), that I will not qualify for ILR due to following reasons.
-- Tier 2 ICT applied after 06-Apr-2010
-- more than 6 months of absence, will break the continuous qualifying period, so previous WP is of no use for the calculation of continious period.. etc, etc,.

Other factors:
-- was unable to get a letter from Employer A for the reason for my long absense (They are not supportive of ILR)
-- was unable to get letter from Employer B too.. however I was able to get a reference letter for other pupose like - Parent visit visa. (They are not supportive of ILR)

I got some really helpful comments from the experts in this forum.

I went ahead and booked premium appointment last month for 20-July-2015, to ensure that the absences in the year 2010 remain below 180.

1st qualifying year - 21-Jul-2010 to 20-Jul-2011 - <180
2nd qualifying year - 21-Jul-2011 to 20-Jul-2012 - no absence
3rd qualifying year - 21-Jul-2012 to 20-Jul-2013 - 23 days vacation
4th qualifying year - 21-Jul-2013 to 20-Jul-2014 - 19 days vacation
5th qualifying year - 21-Jul-2014 to 20-Jul-2015 - no absence


Documents submitted:
As usual, as per guidelines,
1) SET O application form and fee confirmation sheet
2) last month payslip
3) last month bank statement
4) degree certificate, and Life in UK certificate
5) Parent visa lettter(!) from Employer B
6) P60's and P45
7) Covering letter - as normal, mentioning what I have attached with application form


I was prepared for any questions related to my absenses, previour WP, absense of employer letters, etc,.. I took some printouts of email conversation with Employer A, B etc,..

At the Croydon premium center,-- No questions asked by caseworker, approved ILR, received BRP after 3 working days!

[geriatrix]

You had continuous leave as an ICT migrant from 2008 up until 2014. Hence the caseworker concluded (perhaps in error?) that 245HF(c)(x) was satisfied in your case.

[ravi_ei]

Hi KVP,

Did you apply for a new entry clearence from your country when you applied Tier 2 ICT or was that an extension inside UK?

Thanks

[KVP]

Hi KVP,

Did you apply for a new entry clearence from your country when you applied Tier 2 ICT or was that an extension inside UK?

Thanks

Please see the point

2) After 14 months absence from UK but before expiry of WP (ICT) I applied for entry clearance under Tier 2 (ICT - Established Staff) from India in Sep 2010 with the same employer.

[Raj143143]

Hi KVP,

Congratulations on your ILR,

Do you have any idea how they calculated the 5 years continuous & Qualifying period for your ILR ??

[KVP]

Hi KVP,

Congratulations on your ILR,

Do you have any idea how they calculated the 5 years continuous & Qualifying period for your ILR ??

The below was my calculation.

Application date: 20-July-2015

So calculating 5 years backwards...

1st qualifying year - 21-Jul-2010 to 20-Jul-2011
Absense from 21-Jul-2010 to 13-Oct-2010 in the first qualifying period - fall under 180 days permitted absenses.

2nd qualifying year - 21-Jul-2011 to 20-Jul-2012 - no absense
3rd qualifying year - 21-Jul-2012 to 20-Jul-2013 - 23 days vacation
4th qualifying year - 21-Jul-2013 to 20-Jul-2014 - 19 days vacation
5th qualifying year - 21-Jul-2014 to 20-Jul-2015 - no absense

[Raj143143]

Thanks for the reply KVP.

If that is the case , then the people who came after April 2010 on Tier 2 ICT Established Staff visa and later switched to Tier 2 General Visa inside UK may also be eligible for ILR. This reminds us the below thread followed some time back.

http://www.immigrationboards.com/indefi ... 91072.html

[KVP]

Please dont be misguided. I had a 'valid leave' at any time from October 2008.
Please see the title and read through content once again.

[ravi_ei]

I am not sure if this is a mistake of caseworker or not because after looking at section 245HF(c)(x) of part-6a it mentions:

(x)
as a Tier 2 (Intra
-
Company Transfer)
Migrant, provided the continuous period of 5
years spent lawfully in the UK includes a period of leave as:
(1)
a Tier 2 (Intra
-
Company Transfer) Migrant granted under the Rules in place before
6 April 2010, or
(2)
a Qualifying Work Permit Holder, provided that
the work permit was granted
because the applicant was the subject of an Intra
Company Transfer.

If we look at point number one above, your situation do not fulfill that though the point number 2 is valid. But your situation was mix of both, So its kind of a gray area. I am not sure where I read it but it is mentioned somewhere in immigration documents that "Its up to the case worker in certain cases to decide what to do if the case is complex".

But congratulations you are free from your employer restrictions

[joshk]

Hello KVP


This was very help indeed !.

Looking at your case and the comments above , I believe your stars need to align together with the appetite to take risk

I've got a similar case ...

following are the details

Sep 2008 - Sep 2010 WP Visa
August 2010 - August 2012 Tier 2 ICT Established staff (applied from India and previous valid visa was striked out when they issued the new Visa )
BRP Card since August 2012 up till now

Travel stamps history
====================
1) Sept 2008 till April 2009
2) Outside UK from April 2009 to Sep 2010 , ie 1.5 years but had valid Visa
3) Came back on Tier 2 ICT Established staff in Sep 2010 and stayed till December 2010
4) 180 days in a year period again broken
5) Came back again on same visa in December 2011
Have continuous stay since December 11th 2011 till now on Visa + various BRP extensions from UK

So I also has a valid Visa always , from Sept 2008 - uptill now

My questions to you
1) which category did you apply under ?
was that Work Permit holder or Tier 2 Migrant ?

2) I assume you gave the first entry date for considering you application for ILR as JUly 2010 ? and not your original entry - OCt 2008 ? and made no mention of this in the immigration history?

3) I assume you also had this question in SET (O) form , but this is where you did not have sufficient documents from the Employer(s) ?
"6.3 What evidence has been provided to support the reasons for all absences from the UK?"

4) In Set (O) form personal history question 7.13 , it again asks about how long you lived in UK and reason for any absence of more that 6 months from UK .
* How did you tackle this section ? did you give all the absences including your 1.4 years absence ,but did not have letter from Employer ?
5) Do you know which areas in Set(O) form gets the most focus while case worker decides the application ?
is it the immigration history or is it the Personal details absences ?

thanks in Advance
Josh

[ravi_ei]

KVP,

I have a question on salary front. When you were working in UK on Tier 2 ICT were you getting paid in your home country as well as in UK?

If yes, then were total salaries of both places was countered in your tier 2 ICT application to match the salary threshold of Tier 2 ICT application?

[joshk]

Hello KVP

Looking forward to your valuable inputs on this

Thanks,
Josh

[KVP]

Hello KVP


This was very help indeed !.

Looking at your case and the comments above , I believe your stars need to align together with the appetite to take risk

I've got a similar case ...

following are the details

Sep 2008 - Sep 2010 WP Visa
August 2010 - August 2012 Tier 2 ICT Established staff (applied from India and previous valid visa was striked out when they issued the new Visa )
BRP Card since August 2012 up till now

Travel stamps history
====================
1) Sept 2008 till April 2009
2) Outside UK from April 2009 to Sep 2010 , ie 1.5 years but had valid Visa
3) Came back on Tier 2 ICT Established staff in Sep 2010 and stayed till December 2010
4) 180 days in a year period again broken
5) Came back again on same visa in December 2011
KVP: I hope the absences are within 360 days, if so, then you can do application by splitting the absences into <180 in each year.
Have continuous stay since December 11th 2011 till now on Visa + various BRP extensions from UK

So I also has a valid Visa always , from Sept 2008 - uptill now (I hope you are with Same employer throughout your absences and now)

My questions to you
1) which category did you apply under ?
was that Work Permit holder or Tier 2 Migrant ?
KVP: Tier 2 migrant

2) I assume you gave the first entry date for considering you application for ILR as JUly 2010 ? and not your original entry - OCt 2008 ? and made no mention of this in the immigration history?
KVP: I gave original Date in 2008. I believe this has to be the very first date of entry in UK. As you may be aware, UKBA can see all your immigration history even if you mention or not mention

3) I assume you also had this question in SET (O) form , but this is where you did not have sufficient documents from the Employer(s) ?
"6.3 What evidence has been provided to support the reasons for all absences from the UK?"
KVP: However I have attached latest CoS and a (Parent visit visa) Reference letter from my current employer. I didn't mention / explain anything.. However I was ready to explain if there is any question by caseworker.

4) In Set (O) form personal history question 7.13 , it again asks about how long you lived in UK and reason for any absence of more that 6 months from UK .
* How did you tackle this section ? did you give all the absences including your 1.4 years absence ,but did not have letter from Employer ?
KVP: As I mentioned in my original post, I didn't get any reference letter from my Employer A explaining about my absences. I have mentioned like I was working at offshore location during my absences.

5) Do you know which areas in Set(O) form gets the most focus while case worker decides the application ?
is it the immigration history or is it the Personal details absences ?
KVP: I guess both.

I would suggest you to go via a solicitor, you may not want to explain anything extra which could raise an element of doubt for caseworker. I actually have gone through a solicitor, however I remember what he had mentioned in the application

thanks in Advance
Josh

[mspr335]

Hi KVP ,

can you please send your emailid /contact details to my email xxxxxxxxxxx. My case is something similar to you and have few queries please .

[noajthan]

Hi KVP ,

can you please send your emailid /contact details to my email xxxxxxxxxxx. My case is something similar to you and have few queries please .

Personal contact details removed to protect from spammers and scammers.

This is a public internet forum - post in public.

[KVP]

Hi KVP ,

can you please send your emailid /contact details to my email xxxxxxxxxxx. My case is something similar to you and have few queries please .

Whats your query?

[Srija]

Hi All,

Thanks KVP for directing me here. I also have kind of same situation - left UK in June 2010 and returned after 5 months with a new visa though previous visa was not expired, however my employer had informed UKIV about my leave.

Please let me know your experience (pass or fail) on this path, that will give me confident to proceed further with 3500£ (Premium fee + Agency fee 1200£) worth operation . Thanks everyone for giving such a extra ordinary support on this forum.

Kind Regards,
Sri

[CR001]

Hi All,

Thanks KVP for directing me here. I also have kind of same situation - left UK in June 2010 and returned after 5 months with a new visa though previous visa was not expired, however my employer had informed UKIV about my leave.

Please let me know your experience (pass or fail) on this path, that will give me confident to proceed further with 3500£ (Premium fee + Agency fee 1200£) worth operation . Thanks everyone for giving such a extra ordinary support on this forum.

Kind Regards,
Sri

As stated already in your topic, user KVP was on the old style Work Permit (not Tier 2 ICT) in 2008 which had different rules and transitional provisions.

[mspr335]

Hi KVP,

- Entry Clearance on Work Permit valid from 02 April 2007 to 02 April 2009 .entered UK on 27th May 2007.
- Extension in UK : Issued on 28 April 2009 to 16 April 2011 as Tier 2 Migrant - Left UK on 22nd November 2009
- Entry Clearance as Tier 2 Established Staff on 31st March 2011 (visa valid from 20th April 2011 to 17 May 2014 ) - Entered UK on 28th May 2011 ( I was away from UK for 550 days : 22nd- Nov 2009 to 28th- May 2011)
- Extension in UK and BRP visa valid from 18-06-2014 to 31 May 2016
- Switched to Tier 2 General in February 2015 and visa valid till February 2018.

a) what is the min salary requirement for ILR ?
b) in the Set-O application what would be the date for 6.1 (is it 27th May 2007 or 28th May 2011)
6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

[mspr335]

KVP,

thanks in advance,

kind regards
siva

[CR001]

Hi KVP,

- Entry Clearance on Work Permit valid from 02 April 2007 to 02 April 2009 .entered UK on 27th May 2007.
- Extension in UK : Issued on 28 April 2009 to 16 April 2011 as Tier 2 Migrant - Left UK on 22nd November 2009
- Entry Clearance as Tier 2 Established Staff on 31st March 2011 (visa valid from 20th April 2011 to 17 May 2014 ) - Entered UK on 28th May 2011 ( I was away from UK for 550 days : 22nd- Nov 2009 to 28th- May 2011)
- Extension in UK and BRP visa valid from 18-06-2014 to 31 May 2016
- Switched to Tier 2 General in February 2015 and visa valid till February 2018.

a) what is the min salary requirement for ILR ?
b) in the Set-O application what would be the date for 6.1 (is it 27th May 2007 or 28th May 2011)
6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

You exceed the absence limit substantially. How do you think you qualify for ILR if you have this issue?

[mspr335]

Hi ,

I have seen couple of cases where people applied for ILR and were successful. one link is below with 1.5 years of absence

indefinite-leave-to-remain/ilr-with-1-5 ... 20ilr%20wp.

[mspr335]

Hi All ,

My ILR visa is approved for the above situation this week. It is SET-O application

[mspr335]

Hi KVP,

Thanks very much for your post . Otherwise, I would have waited for few more years to apply for ILR .

[Srija]

Thanks everyone. .Special thank to KVP for his prompted replies.. . I got ILR yesterday without any complexity..