ILR application

[smitslondon2019]

Hello Immigrationboard Team/ Admins,

I have query regarding ILR eligibility in UK for myself and my family
(spouse and son).

Below is my visa and stay history in UK-

I originally came to UK in 2007 for 3 months on "Business Visa, type C with
Multiple entries" for 3 monthly only and was on business visit at client
location in UK through my Employer in India & UK.
Then I came back to UK with my son on "Tier 2 ICT Short Term Staff Partner"
visa on 6th August 2015 and stayed till 20th March 2016. During this time I
wasn't employed and had no job due to short visa status, even though I was
eligible for work.
We (me, my spouse and son) went back to India and got visa extended ("Tier
2 ICT Long Term Staff Partner") for further 5 years. So we all came back
again in 29 May 2016 (came back within 70 days) and in couple of weeks time
I started working as Individual Contractor.
I had worked as individual contractor for 3 contract jobs with few months
gaps in between and later moved to a permanent job and had been sponsored
to "Type D-Tier 2 (General)Migrant" visa for 5 years. Since to get into
this visa category, I need to have visa stamping done from my home country,
India, I had traveled back on 13th February 2019 and after visa stamping
came back on 17th March 2019 (came back after 30 days). Unfortunately, my
job got ended on 15th July 2019.
Later as I had switched my employer, I had my new BRP for "Tier 2
(General) Leave to Remain (Restricted Work)" visa on 11th September 2019
for 3 years (valid until 29-09-2022) and so I started my work with this new
employer from 1st October 2019 onward (gap between these two jobs was 58
days, considering the new BRP issue date otherwise 78 days considering the
start date with new employer).

Apart from above travel and visa history during this time there were few
short personal travels outside UK which were quite very less than 180 days
in a year.

With my above mentioned history please can you guide if my stay in UK will
now be considered as continuous 5 years in UK and now since I have Tier 2
General visa (since March 2019), am I eligible to apply for ILR now.
If not now, then please suggest when and how will I be eligible to apply
for ILR in UK.



My spouse has come to UK initially at "Tier 2 ICT Short Term" visa on 29th
April 2015 and stayed here till 20th March 2016. As mentioned above we all
went back to India and he got visa extended ("Tier 2 ICT Long Term Staff")
for 5 years, which will be ending in April 2021. He has been working with
same employer past 10 years now and is here in UK through the same
employer. My son is in UK and had always been on dependent visa of my
spouse. He initially came to UK with me on 6th August 2015 and we all
continued living here since then.

Are my spouse and son both also eligible to apply for ILR now? will their
stay be also considered as continuous 5 years stay in UK. Please guide this
as well!!


Kindly let me know if there is any further details I shall provide
regarding this.


Looking forward for your guidance!!

Many thanks.

[CR001]

Please do not tag your questions onto other members topics. Post split to your own topic!!

[CR001]

You need t years on tier 2 general before you can apply for ilr.

Tier 2 ICT does not count for ilr based on 5 years residence.

Your spouse and son need 5 years as tier 2 general dependent before they can apply for ilr. They also cannot apply for ilr before you or if you don't apply when you qualify.

[smitslondon2019]

You need t years on tier 2 general before you can apply for ilr.

Tier 2 ICT does not count for ilr based on 5 years residence.

Your spouse and son need 5 years as tier 2 general dependent before they can apply for ilr. They also cannot apply for ilr before you or if you don't apply when you qualify.

Thanks for your reply ..and apologies for posting my topic with others, as wasn't sure or not getting option to post a new topic..
Also , I was referring to UK govt site for settlement calculation and there have got below information: . Though I might have not understood properly but I understood from the second point mentioned below that even my stay on ICT dependant will be counted

"The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:

--the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010
--the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer"

URL of the content reffering here: https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa


Please guide about this point as well

Many thanks!!

[CR001]

From your post, you/partner did NOT have a Tier 2 ICT visa issued before 6th April 2020, which is what that refers to specifically. Tier 2 ICT visas issued on or after 6th April 2010 do NOT qualify for ILR based on 5 years residence.

Point 2 refers specifically to the old Work Permit, which was replaced by the Points Based system in 2008. So this is also not relevant to your circumstances.

There is no rule or route that you can use to use Tier 2 ICT towards 5 years qualifying for ILR.