Tier 2 ICT to ILR

[Pointspace]

Hello,

I first came to the UK on Tier 2 ICT short term for a year in 2014 and then switched to tier 2 ICT long term from 2016 onward. My 5 year period of Tier 2 ICT long term will end in 2021.
Post this, I am subjected to serve one year long cool off period in India before applying for Tier 2 ICT long term or Tier 2 General visa.
To be eligible for the 10 year continuous residence route for ILR, I should not spend 180 days continuously outside UK and must not have stayed outside UK for a total of 540 days in the 10 year period.

What I want to know is, if I come to the UK on a business or a tourist visa twice during my cool off year, just to break the 180 day continuous residence outside UK criteria, and then come back to the UK either visa Tier 2 ICT or General, would I still be eligible for the 10 year continuous residence to apply for ILR in 2024 ?

I'd highly appreciate any advice on this please.

Thank you!

[ramudada]

I dont think you can come to UK on business or tourist visa during cooling off period.

[poper]

I dont think you can come to UK on business or tourist visa during cooling off period.

Incorrect

[ramudada]

What is correct then?

[CR001]

What is correct then?

There is NO restriction on coming to the UK on a visitor visa. The cooling off period applies only to ICT to Tier 2 General.

[SKJ1984]

With ICT visas after 2011 you can't get ILR. You can come as visitor in your cooling period. But still that doesn't count towards 10 year long residence. Visitor visas do not count towards ILR.

The other option I see is you coming as a dependent during your cooling period if possible and making a legal stay.

[CR001]

With ICT visas after 2011 you can't get ILR. You can come as visitor in your cooling period. But still that doesn't count towards 10 year long residence. Visitor visas do not count towards ILR.

Wrong!! ALL visas count for ILR based on 10 years long residence, even visitor visas.

[ramudada]

No. Visitor visa does not count as you are not allowed to travel on visitor visa during cooling period.

[poper]

No. Visitor visa does not count as you are not allowed to travel on visitor visa during cooling period.

Please share the link from gov portal which says so


https://www.gov.uk/long-residence/eligibility

Eligibility

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

[CR001]

No. Visitor visa does not count as you are not allowed to travel on visitor visa during cooling period.

You are wrong.

[SKJ1984]

With ICT visas after 2011 you can't get ILR. You can come as visitor in your cooling period. But still that doesn't count towards 10 year long residence. Visitor visas do not count towards ILR.

Wrong!! ALL visas count for ILR based on 10 years long residence, even visitor visas.

Thanks CR. But then I am not sure if a person will be granted visitor visa during cooling period by home office (atleast within 6 months of exit). This will pave way for ICT long term people to apply for ILR after two consecutive long term visas. I was thinking this is never an option. Or they might be granted only less period making their absence limit more than 180 days. Also two tourist visas totalling to 12 months in a single calendar year is not permitted.

[ramudada]

Thats exactly what I an saying SKJ but looks like CR is unable to understand. Such lack of information with admin staff is surprising !!

[Casa]

Thats exactly what I an saying SKJ but looks like CR is unable to understand. Such lack of information with admin staff is surprising !!

Advice from geriatrix, a fellow Moderator in a previous thread:
"There is no law which states that a person who was in the UK as a Tier2 migrant in the preceding 12 months cannot or should not travel to UK as a visitor during the "12 month" period.

The essence of the 12 month cooling off period is NOT to ban Tier 2 migrants (who have since exited UK) from travelling to UK in those 12 months .... it is to restrict them from entering UK again as Tier 2 migrants in those 12 months (unless they can find a job in UK that pays >£155K)."

Also, you should be made aware that the role of the Moderator (we're not Admin), is to oversee the smooth day to day running of the forum on a voluntary basis.

But there again, as you've only contributed 9 posts on the forum, no doubt you're not yet up to speed with how this all works.

[CR001]

Thats exactly what I an saying SKJ but looks like CR is unable to understand. Such lack of information with admin staff is surprising !!

Best not to be insulting to members on the forum either. I understand fully, the requirements for a visitor visa and the visas that qualify for long residnece ilr!!! You're the one that seems to be completely misinformed!!

You are of course free to find another platform to post your incorrect information or seek advice on your own issues.

[ramudada]

@Casa - my 9 posts are equal to your 9000 posts as they are based on facts. You can not make such loose comment in this forum. I have already checked with immigration lawyer and got the same answer that person is not allowed to travel on business or visitor visa during cooling off.

[Casa]

@Casa - my 9 posts are equal to your 9000 posts as they are based on facts. You can not make such loose comment in this forum. I have already checked with immigration lawyer and got the same answer that person is not allowed to travel on business or visitor visa during cooling off.

In which case:
1: I hope you haven't paid for this 'advice'
2: I suggest your legal advisor checks the Immigration Rules

24850 posts....not that I'm counting

[ramudada]

I have paid for this advice and its right advice as per home office guidelines. 24850 posts and counting ..... would need to check how many of those are serious and how many to make fun of others like your latest one !!

[poper]

I have paid for this advice and its right advice as per home office guidelines. 24850 posts and counting ..... would need to check how many of those are serious and how many to make fun of others like your latest one !!

As requested earlier, please share the link of the guidelines.

[ramudada]

can you provide me link where it is written that person can travel to UK during cooling period? These minor details are not included in guidelines... they are simple logic to be understood.

[CR001]

What is correct then?

There is NO restriction on coming to the UK on a visitor visa. The cooling off period applies only to ICT to Tier 2 General.

Many have used visitor visas or any other visa not a tier 2, to come to the UK during the cooling off period.

[ramudada]

Yes, cooling iff applies yo only Tier 2 ICT or General visa but people serving cooling period can not travel to UK on visitor visa. I have checked this again with my solicitor.

[CR001]

You and your solicitor are very wrong. Many have done it and had success for ilr or tier 2 later.

[ramudada]

No CR, please provide me details of 1 such case. ICT is non permanent immigration route and what you are saying is that it is possible to get ILR from ICT. Request you to stop sharing wrong information in this group as it can mislead others.

[CR001]

All visas count for ilr based on long residence, ICT and visitor visas. Note I have clearly said long residnece and NOT ilr based on 5 years residence. Both included. The rules clearly state any legal stay and is well documented in HO guides and website. I know the rules, you don't seem to and are failing to provide any official link to confirm what you or your so called solicitor is claiming and you are the one misleading the OP, or anyone else, who asked the original question!

[ramudada]

CR - you dont know the rules whereas I know. I am not misleading anyone here and back my points as these are confirmed by solicitor.