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Tier 2 Intra company transfer long term & path to settle

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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AmitPatel
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Joined: Fri May 11, 2012 1:36 pm

Tier 2 Intra company transfer long term & path to settle

Post by AmitPatel » Fri May 11, 2012 1:51 pm

My current employeer has offered me a position in the UK.

I've been with the company for about 7 years now, and the recommended visa was the Tier 2 (Intra company transfer) Long Term Staff.

My question is, under the new regulations implemented last month (April 2012,) would there be any chances of permanent settlement in the UK (ILR) at all for me and my family?

It's a good opportunity with a high 5-figure salary and other perks, but I'd rather not put my family through the ordeal of moving from our home country to the UK only to spend 5 years (3 initial + 2 extension) there and have to come back.

Thanks a lot for your help!

geriatrix
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Re: Tier 2 Intra company transfer long term & path to se

Post by geriatrix » Fri May 11, 2012 1:56 pm

AmitPatel wrote:My question is, under the new regulations implemented last month (April 2012,) would there be any chances of permanent settlement in the UK (ILR) at all for me and my family?
No.

And no one can tell you today what the rules may be in the future.
Life isn't fair, but you can be!

AmitPatel
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Joined: Fri May 11, 2012 1:36 pm

Post by AmitPatel » Fri May 11, 2012 2:06 pm

Thanks sushdmehta for the prompt reply!

Would I be able to switch to a Tier 2 (General) for instance, and then apply for ILR after 5 years? (staying with my current employer or even switching jobs while in the UK).

Or, let's say, my wife starts working and then switches to her own Tier 2 (General) as opposed to being my dependant under the Tier 2 ICT long term.

Would any of us two be able to apply for ILR after the combined 5 years? (a few years under ICT + the remainder under Tier 2 general)

manci
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Post by manci » Fri May 11, 2012 2:22 pm

under current rules settlement is only possible for Tier 2 Intra Company Transfer migrants who entered the UK before 6 April 2010.

AmitPatel
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Joined: Fri May 11, 2012 1:36 pm

Post by AmitPatel » Fri May 11, 2012 2:25 pm

Thanks everyone!

So, not even switching statuses (myself or my wife), correct?

manci
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Post by manci » Fri May 11, 2012 2:44 pm

Switching (which means changing immigration category in-country) from Tier 2 ICT Long Term Staff into Tier 2 General would not be allowed in your case.

The only way you could embark on the settlement route would be if your company assigned a Tier 2 General CoS to you following which you applied for entry clearance from your home country. You would then be eligible to apply for settlement after 5 years. There are of course other conditions as well.

Note that in order to assign a Tier 2 General CoS to you the company would in all probability also have to carry out a Resident Labour Market Test which takes 28 days. Tier2 General CoSs are also subject to a monthly quota.

AmitPatel
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Joined: Fri May 11, 2012 1:36 pm

Post by AmitPatel » Fri May 11, 2012 3:40 pm

Thanks manci.

Tier 2 General seems time consuming for both parties (me and the company) and perhaps not that fair with my employeer (time and money consuming when the obvious route would be tier 2 ICT, since I've been employed by them for almost a decade).

I guess we can considered this answered / solved.

Thanks everyone!

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