ICT Long Term Visa - Query

[viv19]

I had UK work permit (ICT ) for the period 14/12/09 to 28/12/11.
I left UK as well as my Employer on 23rd April 2010 and returned to India.
I joined new employer from India in 2010. Now this employer wants me to apply for UK work permit (ICT). I am with this employer for almost 20 months now.
I do have P45 from my previous employer.

Query is,

I have sent mail to my previous employer to confirm if he notified UK home office about leave curtailment. But I am yet to get reply. So, if I don't get reply, how do I proof that my leave was curtailed in 2010 itself.

Here , I am assuming cooling off period applies from the time I left UK (2010) and not my ICT expiry date (which was DEC 2011).Please confirm this also.

Please help.

[manci]

Since you last had leave under the rules that applied before 6 April 2011 you are not subject to a cooling-off period. See Immigration Rule 245GB (d) and (e).

Before you can apply for entry clearance the UK organisation of your present employer must assign a CoS to you.

[viv19]

Than you very much manci for your reply.

I referred same rule to my immigration team. but for some reason attorney of my employer's immigration team is asking me to check with my previous employer if they curtailed my leave or not. I am not sure how to convince my employer's immigration team (or their attorney...).And how to check if my leave was curtailed or not?

Is this rule applies when you are applying from outside UK? or it only applies when you are in UK?
Can I have some way to confirm from UKBA office that I am eligible to apply wrt the rule (which you mentioned)?

[manci]

I referred same rule to my immigration team. but for some reason attorney of my employer's immigration team is asking me to check with my previous employer if they curtailed my leave or not. I am not sure how to convince my employer's immigration team (or their attorney...).And how to check if my leave was curtailed or not?

Is this rule applies when you are applying from outside UK? or it only applies when you are in UK?
Can I have some way to confirm from UKBA office that I am eligible to apply wrt the rule (which you mentioned)?

It makes no difference if your leave was curtailed or not. If it was curtailed UKBA would have written to you at your UK address at the time. If they did not it probably means that your previous UK employer failed to inform UKBA that you left in April 2010. If this was the case they breached their sponsor duties (which may be the reason why they are reluctant to provide you with a confirmation).

This is the link to the Immigration Rules where you can read paragraph 245GB (d) and (e) in full:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
If you or your company want to have confirmation from UKBA that sub-paragraph (e) applies to you the phone number for their Immigration Enquiry Bureau is +44 870 606 7766 or you can enquire at the UK HC in India.

If the cooling-off period were to apply (but it DOES NOT in your case) it would be relevant for entry clearance applications

[viv19]

Hi Manci,

The rule mentioned under 245GB (d) and (e) seems to be in favour of me. but at the same time, point mentioned under,

[url]http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf[/url]

which states that (3rd bullet point under 26) ,
a Tier 2 (Intra-Company Transfer) applicant in the Long Term Staff sub-category will
be granted leave up to 3 years with the possibility of extending for a further 2 years.
You will not be able to extend beyond 5 years and you will not be able to re-apply to
return to the UK under an Intra-Company Transfer category until 12 months after your
last leave as an Intra-Company Transfer expired.
27. These periods are based on the leave you were granted, not the time you spent in the UK.
For example if you successfully applied for 12 months leave in the Short Term Staff subcategory,
but did not actually come to the UK, you cannot be granted any more leave under
the Short Term Staff sub-category until 12 months after your previous leave expired.


This doesn't talk anything about April 2010 thing (245GB (e) )

Please advise.

[manci]

The 3rd bullet point in paragraph 26, and paragrraph 27, of the T2 policy guidance which you quoted just state that T2 ICT migrants cannot extend their leave beyond 5 years and that in calculating the 5 years the periods of leave(s) granted rather than the actual time spent in the UK counts. After 5 years they have to leave the UK. This does not apply to you. You first came to the UK under the rules that applied before 6 April 2010, had 2 years leave and left the UK before your leave expired.

btw - the exemption under 245GB(e) applies to T2 ICT migrants who were granted entry clearance or leave under the rules in force before 6 April 2011 (not 2010)

[viv19]

Hi Manci,

I have got below information from http://www.homeoffice.gov.uk/publicatio ... iew=Binary

"
However, those who hold Tier 2 leave, including that
granted under the Rules in force on or before 5 April
2011, should be aware that if they leave the UK and
apply for entry clearance on or after 6 April 2012 they
will be subject to the new requirements described in
this Statement of Intent, including the requirement to
wait 12 months from the expiry of their previous Tier
2 leave before applying for entry clearance as a Tier
2 migrant. A 12 month ‘cooling off period’ will also
apply to those who switch out of Tier 2 while in the
UK and who wish to re-apply to the Tier 2 General,
Sportsperson or Minister of Religion sub-categories
on or after 6 April 2012"

I guess, this pretty much confirms, I am not eligible. Please advice if I am looking at right place.

[viv19]

above mentioned URL also have below paragraph,

The new rules limiting leave in Tier 2 to a maximum
of six years will apply to those who entered Tier
2 after 6 April 2011. Those who entered before
then (i.e. those who entered under the rules in place
on or before 5 April 2011) are not affected and
may apply for further periods of temporary leave.
However, the 12 month ‘cooling off ’ period will
apply to any Tier 2 migrant who leaves the UK and
applies for entry clearance on or after 6 April 2012,
regardless of when their previous leave was granted.
It will also apply to those who switch out of Tier 2
while in the UK and who wish to re-apply to Tier 2
on or after 6 April 2012.

[manci]

None of the two quotes from the Statement of Intent apply to you since you are not in the UK and have not had leave since April 2010 or December 2011 (depending on whether your visa was curtailed or not).

The Immigration Rules override any other document.

Guidance for T2 is provided in:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

The Statement of Intent you quoted from was laid before Parliament in March 2012 and it is now incorporated in these two documents but there is a good summary table on p19 of the Statement of Intent.

[manish123]

Hello Board members,

I have a query - my current employer is ready to renew my visa. I was in UK till April 2015 start. Currently i am in India. My employer is ready to renew my Visa as Long Term ICT. i have just 1 question, once i get the COS and my passport stamped, after that in how many months i have to travel to UK compulsory. I mean what is allowed duration i can stay in India once the i get the Visa stamped.
Many Thanks,

[moonlight55]

What visa did you had previously?