Tier 2 ICT short term staff migrant visa extn

[krishkumar85]

Hi,

I came to UK 4 months after visa start date. Can I still stay for 12 months in UK on Tier 2 ICT short term staff migrant visa. Visa started on April 2011 and I reached here on september, Wanted to know whether I can stay till sept 2012.

Thanks in advance,
Krish

[geriatrix]

What is the expiry date of your current leave?

[krishkumar85]

Thanks for replying,
Here are my visa details.

Visa start date - 21/04/2011
Visa end date - 20/04/2012

UK Entry on 15/09/2011.

Cos also expires on 21/04/2012.

Is it still possible to stay for 12 months in UK i.e, till 14/09/2012?

Thanks in Advance,
Krish

[geriatrix]

No.

[krishkumar85]

ok, Thanks for letting me know.

But the policy says that
245GE. Period and conditions of grant
(a) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in either the Short Term Staff or Graduate Trainee sub-categories, leave to remain will be granted for:

(i) the length of the period of engagement plus 14 days, or

(ii) the difference between the period of leave that the applicant has already been granted, beginning with his last grant of entry clearance as a Tier 2 (Intra-Company Transfer) Migrant, and 12 months,

whichever is the shorter. If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

Could you please clarify, I am confused!!

[geriatrix]

The fact that you entered 4 months late is your problem, not UKBA's!
You were issued entry clearance valid for 12 months. Therefore, 245GE(a)(ii) amounts to 12 - 12 = 0.