Need advice on Tier 2 ICT (Established Staff) to ILR

[krish2011]

Hi,

I first came to the UK in Nov 2007 on a Work Permit and was in UK till Nov 2009. I returned back to India after that and the visa expired in Dec 2009.

Subsequently, my employer applied for a Tier 2 ICT visa in 2011 and I was granted a Tier 2 ICT (Established Staff) in April 2011 (the validity of the Visa started on 13-Apr-2011). The Visa is now up for renewal in March this year and I will be submitting the same.

I need to know:
1. whether I can get ILR on this visa and if so, how?
2. Is there a limit on how many extensions to this visa can happen or a limit to the number of years I can stay in the UK on this visa?

I really need to understand this to plan for the future.

All help appreciated.

Thanks,

[manci]

Hi,

I first came to the UK in Nov 2007 on a Work Permit and was in UK till Nov 2009. I returned back to India after that and the visa expired in Dec 2009.

Subsequently, my employer applied for a Tier 2 ICT visa in 2011 and I was granted a Tier 2 ICT (Established Staff) in April 2011 (the validity of the Visa started on 13-Apr-2011). The Visa is now up for renewal in March this year and I will be submitting the same.

I need to know:
1. whether I can get ILR on this visa and if so, how?
unfortunately you are not eligible for the 5 year ILR route, only the 10 year long residence route if you stay in the UK that long (April 2021)

2. Is there a limit on how many extensions to this visa can happen or a limit to the number of years I can stay in the UK on this visa?
if your current leave is T2 ICT Established Staff it must have been granted under the rules before 6 April 2011 even if the start date is 13 April 2011, i.e. you applied before 6 April 2011, therefore the number of extensions you can get is not limited and is only subject to your sponsor wanting to continue employing you. You could also switch to T2G if you change sponsor and if you do that you will be eligible for ILR 5 years after the grant of the T2G leave subject to the rules that come into force on 6 April 2016 (e.g. £35k salary)
I really need to understand this to plan for the future.

All help appreciated.

Thanks,

[krish2011]

Hi manci,

Many thanks for your response. It is such a major relief to know that as long as my current employer is ready to have me in the country, as on date there are no restrictions on the number of extensions. Just one quick question on this same point - if I continue to remain on Established Staff and extensions thereof, is there a minimum salary that I need to be getting in order for me to keep extending e.g. after this next extension, do i need to be at a certain salary level to qualify me for another extension in the future and so on? I hope I have not ended up confusing you; I am just trying to ensure all bases are covered .

Thanks,

[manci]

for each extension you will need a new CoS and your salary has to be at least what is in the codes of practice for your job SOC code. Note that the salaries in the c.o.p are for a 39 hour week and if you work fewer hours they can be pro-rated down.