WP & Tier 2 ICT - ILR eligibility

[mqsatishmk]

Hi All,
Below is the situation,I am planning to apply for ILR next month(dec 2011)

First UK stamp 18-dec-2006 entry to uk Jan 13 2007

1) UK Entry clearance == 13/01/2007 visa valid till 30/07/2007
2) Extended First work permit in July 2007 and valid till dec -2008
3) Extended Again work permit in Oct 2008 and valid till dec -2010
4) As per changes in the rules TIer 2 ICT was introduced hence Employer moved into it as there was no work permit option available hence extended the work permit and got a ICT Tier 2 visa card in Nov 2010 and is currently valid till Nov 2012

So in all the ICT Tier 2 visa that was granted due to unavailability of the work permit scheme in Nov 2010 ,do this mean I would come under the category of the new ICT Tier 2 visa rule and cannot be granted ILR?

Any help will be greatly appreciated.

Thanks
Satish

[sarath1212]

Hi All,
Below is the situation,I am planning to apply for ILR next month(dec 2011)

First UK stamp 18-dec-2006 entry to uk Jan 13 2007

1) UK Entry clearance == 13/01/2007 visa valid till 30/07/2007
2) Extended First work permit in July 2007 and valid till dec -2008
3) Extended Again work permit in Oct 2008 and valid till dec -2010
4) As per changes in the rules TIer 2 ICT was introduced hence Employer moved into it as there was no work permit option available hence extended the work permit and got a ICT Tier 2 visa card in Nov 2010 and is currently valid till Nov 2012

So in all the ICT Tier 2 visa that was granted due to unavailability of the work permit scheme in Nov 2010 ,do this mean I would come under the category of the new ICT Tier 2 visa rule and cannot be granted ILR?

Any help will be greatly appreciated.

Thanks
Satish

You can apply for ILR by end of Dec2011. The ICT visa rule is only for those who have got the EC as T2 ICT on or after April 2010.

[mqsatishmk]

Hi Sarath,

Thanks for the quick reply,I am very new to this can you pls elaborate on the below and site me to a reference document from the UKBA.

Also to understand your inputs,the situation wherein Tier 2 ICT will not be eligible for ILR if their EC is after April 2010 correct me if I am wrong?

I have EC in Jan 2007 and had to move into TIER 2 ICT and it was also an extension rather than a fresh application.

Thanks in advance,

Thanks
Satish

[sarath1212]

Hi Sarath,

Also to understand your inputs,the situation wherein Tier 2 ICT will not be eligible for ILR if their EC is after April 2010 correct me if I am wrong?

I have EC in Jan 2007 and had to move into TIER 2 ICT and it was also an extension rather than a fresh application.

Thanks in advance,

Thanks
Satish

Yes you are correct, you can find the details in UKBA site aand in this forum.

[mqsatishmk]

Hi Sarath,

Thanks for the reply.I have one more query related to my depenednt(wife).I got married this year- Feb 2011 and my wife entered UK via
Tier 2 ICT dependent.

I am however originally from Old work permit scheme of 2006 that states my dependent(wife) does not need to stay for 2 years along with me to get ILR.

I want to know whether will she be eligible to get ILR stamped or as her EC is done on Tier 2 ICT she has to be here for 2 years for eligible to ILR.

Pls advise.

Thanks
Satish

[geriatrix]

You qualify for settlement (245GF(d)), but not your wife (319E(d)).

[mqsatishmk]

Hi SushdMehta,

Thanks for the inputs.I couldn't site the reference in the link provided by you for my wife being not eligible for ILR.

I was under the impression that since my WP is stamped in 2006 all the rules at that point of time apply to me and my dependents irrespective of the changes and the EC for my Wife.

Pls advise.

Thanks in advance,

Thanks
Satish

[geriatrix]

The fact that you were on a WP (as ICT) in the past helps you become eligible for settlement today, but your wife's eligibility for settlement does not depend on your previous immigration status ... but your current immigration status ... which is Tier 2 (ICT).

Your wife is a dependant of a Tier 2 (ICT migrant and 319E(d) applies.

In response to that you may question why former HSMP migrants covered by JR who are now Tier 1 (General) migrants given that concession but not former WP holders who are now Tier 2 migrants? The answer is - because of the judgement of a court of law which only applies to people who applied for HSMP before 07-Nov-06 and no one else!

[mqsatishmk]

Hi sushdmehta,

Thanks for the clarification it really helps.

I have a final clarification to be done it is as below

If I get my ILR next month my status will become indefinite however my wife will continue to be in Tier 2 ICT dependent.Her visa is expiring in nov 2012 and this leaves another 3 months to show that we are married for 2 yrs.Does this mean she has to go back to India and stay for 3 months?

I am asking this coz I am planning to change the current employer as soon as I have my ILR.

Any issues thaty wife might face coz of my status changes and change in employer is what I need to know.

Thanks in advance,

Thanks and regards ,
Satish

[geriatrix]

Does this mean she has to go back to India and stay for 3 months?

Not at all.

Reading FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders will help understand next steps with regards to your spouse (amongst other relevant queries you may have).

[mqsatishmk]

HI Sushdmehta,

Thanks for the inputs,however I am still not able to figure out when should I apply for FLR(M) if I quit my job from current Employer next month after ILR.

Correct me if I am wrong,I understand the below

my wife is currently under TIER 2 ICT dependent visa and it is expiring in Nov-2012.If I quit the current employer does it mean the Tier 2 ICT visa will be revoked as I no longer work for the employer who granted the dependent visa or will the dependent visa be still be valid until it expires.

If the later is true than I can than apply for FLR(M) for my wife may be couple of months before her Tier 2 ICT expires.

Pls advise,

Thanks in advance,

Thanks
Satish

[geriatrix]

Q - My spouse does not qualify for ILR at the same time as me. What application should my (dependant) spouse make to extend stay in UK and apply for settlement later?
A - In such case, the spouse should switch to FLR(M) leave before his/her current leave expires or he / she travels outside the Common Travel Area and definitely before expiry of current leave. The spouse may then be eligible for settlement (SET(M)) as and when 287(a)(i) is met.

Which part of the statement are you unable to understand?

[mqsatishmk]

Hi SushdMehta,

Thanks for the quick responses very much appreciated.

I am able to understand the answer posted on the link.It answers pretty much but I am not able to understand that will it applies to all the scenarios like the one depicted below :

I wanted to know will the current dependent visa (Tier 2 ICT) will be revoked if I quit the current employer or will it still be valid irrespective of me changing the employer or changing the current visa status to ILR.

Thanks in advance,

Thanks
Satish