ILR Eligibility - tier 2 general , ICT

sphinx5 · Post by **sphinx5** » Tue Sep 04, 2012 9:43 pm

Hi
I am in the UK and have been on the following visas (no change in employer )
My question is weather I am eligible for settlement (ILR) in the UK as per latest UKBA rules

1> Tier 2 – General ( Oct 2008 to Oct 2010) – this leave was then applied for extension as below
2> Tier 2 – ICT Established Staff ( Oct 2010 to 2012) – this was applied for extension as below
3> Tier 2 – Long term Staff ( 2012 to 2014 ) - current

Not been out of UK for more then month in any year. Any help on this would be very much appreciated.

uksettlement · Post by **uksettlement** » Tue Sep 04, 2012 10:17 pm

You are...

sphinx5 · Post by **sphinx5** » Tue Sep 04, 2012 10:38 pm

The confusion is entirely due to the below statement of UKBA Guidelines :

(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (Intra-Company Transfer) Migrant, in any combination of the following categories:

(i) as a Tier 2 (Intra-Company Transfer) Migrant,
(ii) as a Qualifying Work Permit Holder, or
(iii) as a representative of an overseas Business.

(d) The continuous period of 5 years referred to in paragraph (b) must include a period of leave as:

(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

THE CONFUSION IS WHAT POINT D really means and does it apply to me?

Post by **manci** » Wed Sep 05, 2012 8:55 am

sphinx5 wrote: I am in the UK and have been on the following visas (no change in employer )
My question is weather I am eligible for settlement (ILR) in the UK as per latest UKBA rules

1> Tier 2 – General ( Oct 2008 to Oct 2010) – this leave was then applied for extension as below
2> Tier 2 – ICT Established Staff ( Oct 2010 to 2012) – this was applied for extension as below
3> Tier 2 – Long term Staff ( 2012 to 2014 ) - current

Not been out of UK for more then month in any year. Any help on this would be very much appreciated.

The confusion is not about the rules but your point 1> - were you in fact in this period (Oct 08 - Oct 10) a work permit Holder on intra-company transfer? You couldn't have been on T2G because the PBS only started end of November 2008 and, furthermore, switching from T2G to T2 ICT is not possible.

sphinx5 · Post by **sphinx5** » Wed Sep 05, 2012 10:59 am

Hi Manci

Thanks so much for your reply , You are right - as I just checked on on my passport visa stamp it just says - VISA WORK PERMIT , and on the Work permit itself it no where mentions General or ICT or Tier 2 - Just 'Work Permit'

I remember my employer applying for my WP via the Advert route in August 2008 - So I thought it was General , Does 2008 WP via Advert route come under the Intra company transfer category ?

How would I Know the category of my 2008 WP ? I can share more details if required.

I am trying to find out if I am eligible for ILR (Does point D in the list of UKBA requirements apply to me )

Post by **manci** » Wed Sep 05, 2012 2:49 pm

You will be eligible for ILR in 2013, 5 years from the date you first entered, provided the requirements of Immigration Rule 245GF, from which you quoted (d)(ii), are satisfied. I don't know what the "Advert route" was. Were you not transferred from an overseas company to their UK branch?

The definition of a “Qualifying Work Permit Holder” is a work permit holder in either the Business and Commercial category or the Sports and Entertainment category,provided their work permit was not a Multiple Entry Work Permit. Training and Work Experience Scheme (TWES) or Sectors Based Scheme (SBS) work permit holders are not Qualifying Work Permit holders.

sphinx5 · Post by **sphinx5** » Wed Sep 05, 2012 3:08 pm

Thanks Manci. Yes I was transferred from overseas branch to their UK branch in 2008 ( But using the Advertise route - It was probably called Work permit in general category ) . But neither my Visa Stamp nor Workpermit mentions ICT or General on it - just says Work Permit

What is a multiple entry workpermit . I have this written on the 2008 Visa Stamp on my passport as - MULT VISA WORK PERMIT ? Does this mean I am not eligible for ILR

Post by **manci** » Wed Sep 05, 2012 4:18 pm

sphinx5 wrote:Thanks Manci. Yes I was transferred from overseas branch to their UK branch in 2008 ( But using the Advertise route - It was probably called Work permit in general category ) . But neither my Visa Stamp nor Workpermit mentions ICT or General on it - just says Work Permit. If you were transferred from overseas to the UK branch of the company then you were an intra-company transferee and this wouldn't be noted on the visa or the work permit

What is a multiple entry workpermit . I have this written on the 2008 Visa Stamp on my passport as - MULT VISA WORK PERMIT ? Does this mean I am not eligible for ILR A multiple-entry work permit (MEWP) was for people based overseas who had to travel ferquently to the UK and MEWP would have been noted on the work permit itself.The term MULT on your visa simply means that you can travel freely in/out of the UK within the validity of the visa.

.

jack_daniel · Post by **jack_daniel** » Thu Sep 06, 2012 11:58 am

I am also one of those who is facing the same trouble. I entered UK in Jul 2008 with "Work Permit " mentioning MULT and it was given for 14 months. Once finished, in Oct 2009 I got Tier 2 on COS from the same company but had to apply Out-Of Country.

BTW Did you applied Out of Country in 2010??

My company sent many employess to UK in the same year 2008 afterwards but I was the one they experimented with.There were some who got Work Permit with 'TWES' written as well not sure why; since it was not a Training Programme clearly.
And the people who entered after Nov/Dec 2008 came through COS route.

I have spoken to few people but no-one has a clear visibility that I'll be eligible for ILR in Jul 2013 or not.
Ideally Home Office shouldn't have given such confusing VISA status which says you are a WP holder but you are not sure you can apply for ILR or not.

If they knew that PBS and COS rules will be applicable in 2-3 months time.
should've given MULT visa till Nov 2008 and we could have re-applied with a valid COS.

Don't know whom to blame for it "Company" or "Home Office" but at the end of the day you gotta live with the past.
I can suggest may be you can call Home Office Helpline and ask them If your VISA granted 2008-2010 time would be eligible for ILR or not.

My thoughts:-

Logically if your company has extended you visa again and you/or company have paid your taxes.
If not from Oct 2008 they should consider the date from Nov 2008 atleast.
I mean just because you applied 1 month or 15 days before the COS rule came into place doesn't mean you have to wait for 2 more years to be eligible.

sphinx5 · Post by **sphinx5** » Thu Sep 06, 2012 1:03 pm

Thanks so much Manci for that . Yes my WP is not a MEWP ( multiple entry WP) . And just as you mentioned - I Was sent from overseas company to its uk branch on this WP . Would that evidance be enough to show that I was the subject of an Intra-Company Transfer ? (As its no where written on my 2008 WP / Visa Stamp) . Also another thing you mentioned , UKBA extended my WP in 2010 - In ICT- Est Staff category and then in 2012 in ICT Long term category. Would this make my application eligible ? And what evidence ( if any ) would I require to give during my ILR application in 2013 ?

Im now wondering why point(d) refers to point (b) in the requirements paragraph. As in (b) there is no reference to 5 years. Did ukba mean (c) instead ?

Jack_daniel , Thanks for your suggestions. As per what Manci mentioned - MULT is different from MEWP . I am hoping that MEWP is not written on you WP , is it??

Post by **manci** » Fri Sep 07, 2012 2:38 pm

sphinx5 wrote:Thanks so much Manci for that . Yes my WP is not a MEWP ( multiple entry WP) . And just as you mentioned - I Was sent from overseas company to its uk branch on this WP . Would that evidance be enough to show that I was the subject of an Intra-Company Transfer ? (As its no where written on my 2008 WP / Visa Stamp) UKBA have your records.

Also another thing you mentioned , UKBA extended my WP in 2010 - In ICT- Est Staff category and then in 2012 in ICT Long term category. Would this make my application eligible ? yes, all three periods will be aggregated provided you residence in the UK was continuous

And what evidence ( if any ) would I require to give during my ILR application in 2013? nothing regarding your previous immigration status because UKBA can verify what you put in the application form from their records.

I'm now wondering why point(d) refers to point (b) in the requirements paragraph. As in (b) there is no reference to 5 years. Did ukba mean (c) instead? I expect so. See also:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
and
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Jack_daniel , Thanks for your suggestions. As per what Manci mentioned - MULT is different from MEWP . I am hoping that MEWP is not written on you WP , is it??

pheonix_2013 · Post by **pheonix_2013** » Thu Jan 03, 2013 9:18 pm

Dear Manci & sphinx

Thanks for the info you have shared on this thread - this is very useful.

I have similar query here - would be grateful if you can take time out to advice me on this please

- I came to UK on Work Permit in Aug 2008 that was valid for 2 years.
- My company applied for my Work Permit extension in Aug 2010 and I got an extension under Tier 2 ICT Established Staff Category.
- I stayed on my Tier 2 ICT Established Staff Category Visa for 8 months and moved over to Tier 1 General Visa in May 2011
- I continue on my Tier 1 General visa currently

I was hoping that I would become eligible for ILR in Aug 2013 since I'll be completing 5 continuous years in UK.
However last week i spotted the following text on UKBA website which lead to this query -
You must have spent a continuous residence period of 5 years here in any combination of the following immigration categories:
•Tier 1 (General)
•work permit holder
•Tier 2 (Intra company transfer), if your permission was granted under the Immigration Rules in place before 6 April 2010

I am now confused due to the last bullet point above.

Since my Work Permit extension led to moving into Tier 2 ICT Est Staff - and this was after 6 April 2010 - would that mean that this period of 8 months (that i stayed on this Tier 2 ICT Est Staff Visa) would not get qualified as eligible period?

This would be very disappointing as this would mean I would lose the initial 2 years (when i was on Work Permit) as well.

I would greatly appreciate your advice on this - thanks in advance!

Best Regards.

Post by **manci** » Fri Jan 04, 2013 7:23 pm

If you entered the UK as a WP holder (Intra Company Transferee) and switched to Tier 2 (ICT) at any time, and then to T1G, you will be eligible to apply for ILR.

The key to the wording is any combination. Your combination is T1G +WP.

pheonix_2013 · Post by **pheonix_2013** » Sat Jan 05, 2013 7:17 pm

Thanks Manci for your reply

Is there any way i can get this confirmation formally from UKBA Office

Not sure if UKBA would bother to respond and confirm if i write to them? Is this something that is possible?

Best Regards

Post by **manci** » Sat Jan 05, 2013 8:06 pm

pheonix_2013 wrote:Thanks Manci for your reply

Is there any way i can get this confirmation formally from UKBA Office

yes, there is. Send an email to SettlementOpsPolicy@homeoffice.gsi.gov.uk, they usually reply within a few days (could be longer now because of the recent holday period)

Not sure if UKBA would bother to respond and confirm if i write to them? Is this something that is possible?

Best Regards

pheonix_2013 · Post by **pheonix_2013** » Sun Jan 06, 2013 10:13 am

Thanks Manci

I have now written to them on the email id you had suggested.

Will await thier response

Best Regards

pragn · Post by **pragn** » Tue Mar 19, 2013 2:57 pm

Hi,

I have got a similar query:

I am holding aTier 2 Visa (ICT) established Staff Visa:

Valid From: July 2010
Valid Until: Aug 2013

Entered UK: Mid Aug 2010

I will go for an extension of my visa for another two years through my company.

However, I just wanted to confirm whether I will be eligible for permanent settlement in this visa category as I am not clear on the second point mentioned in the below para on the UKBA website:

The 5-year continuous period must include time spent as:
•a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
•a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.

Also, if I am eligible when should I apply for the extension of the visa so that I can be eligible for the permanent settlement.

Kindly advice.

Post by **manci** » Tue Mar 19, 2013 6:21 pm

pragn wrote:Hi,

I have got a similar query:

I am holding aTier 2 Visa (ICT) established Staff Visa:

Valid From: July 2010
Valid Until: Aug 2013

Entered UK: Mid Aug 2010

I will go for an extension of my visa for another two years through my company.

However, I just wanted to confirm whether I will be eligible for permanent settlement in this visa category as I am not clear on the second point mentioned in the below para on the UKBA website:

The 5-year continuous period must include time spent as:
•a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
•a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.

Also, if I am eligible when should I apply for the extension of the visa so that I can be eligible for the permanent settlement.

Kindly advice.

unfortunately you will not be eligible for ILR after 5 years on your T2 ICT visa (see the quote from the UKBA website above)

pheonix_2013 · Post by **pheonix_2013** » Tue Mar 19, 2013 8:28 pm

Hi manci,

I sent my query to the email id you suggested; however they refused to answer it as it relates to a particular case and they replied saying they only provide guidance on generic policy matters and do not advice on individual cases.

I, however, spoke an immigration solicitor and she adviced that i would be elgible.

Do you suggest i use the services of an Immigration Solicitor when i apply for ILR (as my case is not straight forward) or go on my own?

Regards

AmyICT2ILR · Post by **AmyICT2ILR** » Fri Oct 11, 2013 11:29 am

Sorry for digging up an old thread but conversation seemed relevant so I am adding my query here.

* I received my T2 ICT Migrant visa in 12/11/2009 (valid till 30/12/2012). I entered UK the same month.

* It was extended as T2 ICT Long term leave on 17/12/2012 with the same company.

I had two questions:

1) I have a better offer from another company and they are willing to sponsor my T2 general. If I accept the offer, this will reset my ILR clock? Am I then looking at 2018 for my ILR?

2) If I remain with the same company, since I entered before 6 April 2010, I would be eligible for ILR in November 2014, correct?

Thanks for your very informative answers throughout this forum!

Post by **manci** » Fri Oct 11, 2013 11:56 am

AmyICT2ILR wrote: I received my T2 ICT Migrant visa in 12/11/2009 (valid till 30/12/2012). I entered UK the same month.
It was extended as T2 ICT Long term leave on 17/12/2012 with the same company

1) I have a better offer from another company and they are willing to sponsor my T2 general. If I accept the offer, this will reset my ILR clock? Am I then looking at 2018 for my ILR?

2) If I remain with the same company, since I entered before 6 April 2010, I would be eligible for ILR in November 2014, correct?

1) switching in-country to T2G with a new sponsor will not reset your ILR clock
2) yes

rhetorical.me · Post by **rhetorical.me** » Sat Oct 12, 2013 8:27 pm

Hi Manci and rest of the experts,

I was going through the forum and found that I have a similar Visa status to few of the queries posted earlier.

My VISA dates are as below:

Oct 2008 - Jan 2009 : Work Permit
Jan 2009 - June 2009 : Leave to Remain
June 2009 - June 2010 : T2 ICT
June 2010 - Feb 2011 : T2 ICT
Feb 2011 - Till Date : T1 General

During this time all my Visa extensions were for the same employer and from within the UK. I was wondering if i am eligible ?
I need to urgently get some clarity as I have my ILR appointment on 14th Oct

Look forward to your guidance.

Many thanks !

AmyICT2ILR · Post by **AmyICT2ILR** » Sun Oct 13, 2013 1:17 pm

Manci, Can't thank you enough for the incredible work you do in this community!

ILRSeeker2015 · Post by **ILRSeeker2015** » Sat Jan 17, 2015 9:06 pm

Hi Mancy & All Experts,

Sorry to dig out old post but the above discussion seems relevant to my case.

Please review my case & share your valuable thoughts on below.
I was granted Tier 2 ICT Migrant visa under the rules in place before 6 April 2010 (Outside UK) (VISA stamp on my passport states 'ICT Migrant) (Entered UK on 19 March 2010) & I got this visa extended in 2013 (within UK) but in my BRP (Biometric Resident Permit) it is mentioned as Tier 2 ICT Long Term Leave To Remain. Is this going to create problem for me to apply for Indefinite Leave To Remain (I am planning to apply for ILR in March 2015)? Because as per the the UKBA website, most recent category has to be Tier 2 ICT Migrant. Appriciate your help in this regard.Below are the exact dates.

TIER 2 (INT COM TRAN) MIGRANT followed by Cos number (Valid from 11/03/2010, valid until 22/04/2013)

Applied for extension in April 2013 & got extension (Biometric Resident Permit) BRP card which mentions as below,

T2 ICT LONG TERM
LEAVE TO REMAIN

The problem is that while applying for extension I ticked wrong category as below,

Tier 2 (Intra Company Transfer) under the rules in place before 6 April 2010 if you are
changing sponsor Go to Section M - Ticked this

a Tier 2 (Intra Company Transfer) migrant granted under the Rules in place before 6 April
2010 Go to question L10 - Did not notice this (I think I should have ticked this)

And left below options blank,
L10. Is your current or last grant of leave in the same category as that for which you are
now applying? - Left this field blank (I think I should have ticked 'Yes')

L11. Are you still working for the same employer as you were at the time of your last grant
of leave? - Left this field blank (I think I should have ticked 'Yes')

(FYI, I got this extension while working for the same employer)

I am confused about the below points in ILR requirements in UKBA.

The applicant has spent a continuous period of five years in the UK lawfully, the most recent period of leave must have been as a Tier 2 (Intracompany transfer) migrant in any of the following categories
Tier 2 (Intra-company transfer)
qualifying work permit holder, or
representative of an overseas business

The continued period of leave (above) must include a period of leave as:
Tier 2 (Intra-company transfer) migrant granted under the rules in place before 6 April 2010

I am now nervous that the above may be a problem while applying for my ILR in March 2015. Can you please suggest whether this is going to be a problem?

Thanks & Kindest Regards,

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR Eligibility - tier 2 general , ICT

ILR Eligibility - tier 2 general , ICT

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