Tier2 (ICT) to ILR & Extension query

[kuman32]

Hi,

I am in the UK and have been on the following visas (no change in employer)

1> Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) – this was applied for extension as below
2> Tier 2 – Long term Staff ( Apr2012 to May2013) - current

I have 3 questions

1) For how many year I should be able to get the extension on my visa as per latest UKBA rules, would I be eligible for my next extension in 2013?
2) If I am eligible for 2 more extensions then, am I eligible to apply ILR in Apr-2015 ?
3) Am I eligible to switch to Tier2(General) visa ?

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

Thanks
Kumar

[genorp]

1) From 6 April 2011 Tier 2 LTS will be limited to a maximum period of 5 years with no extension permitted after this date.

2) Since 6 April 2010 new Tier 2 (ICTs) have not been able to qualify for settlement but are able to extend for as long as their Sponsor has needed them in the UK but as mentioned above in #1 a 5-year limit was added in 2011.

3) Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2 (General). Switching from a Tier 2 (ICT) to Tier 2 (General) while in the UK is not permitted. The migrant must leave and obtain a fresh visa from his home country If you are able to switch then a Tier 2 (General) can amalgamate time spent in the UK as a Tier 2 (ICT) and Tier 2 (General) towards the required 5 year period only if he entered as a Tier 2 (ICT) before 6 April 2010, which means none of your time would qualify towards the 5 years.

You were able to switch into LTS from Established Staff because you entered before 6 April 2011.

[kuman32]

First of all thanks a lot for the reply really helpful..

I still have a doubt on Tier2(ICT) to Tier2(general) switching.. I believe I am eligible though I could be wrong completely.. on uk boarder site http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/ under section "245HD. Requirements for leave to remain" it has been mentioned..
+++++++++++++++
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
+++++++++++++++

Does this not make me qualify to switch to Tier2 (general)?

thanks
Kumar

[manci]

Hi,

I am in the UK and have been on the following visas (no change in employer)

1> Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) – this was applied for extension as below
2> Tier 2 – Long term Staff ( Apr2012 to May2013) - current

I have 3 questions

1) For how many year I should be able to get the extension on my visa as per latest UKBA rules, would I be eligible for my next extension in 2013? The max. length of leave for T2 Long Term Staff is 5 years, or the work end date given by the employer in the CoS, whichever earlier.

2) If I am eligible for 2 more extensions then, am I eligible to apply ILR in Apr-2015? No, because your first leave was under the rules after 6 April 2010.

3) Am I eligible to switch to Tier2(General) visa? Yes

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

Thanks
Kumar

[kuman32]

thanks a lot [b]manci [/b]for your reply, this is helpful.

I was expecting the same answer, but [b]genorp [/b]answer's make me worried as he mentioned I can't switch.

One more doubt if you could help,

If I switch to Tier2(General) then would I be eligible for ILR in 2015 (as I will complete 5yrs in UK) or would that be reset & 5yrs time will start from the time I will switch to Tier2 (General) ?

Thanks
Kumar

[manci]

thanks a lot manci for your reply, this is helpful.

I was expecting the same answer, but genorp answer's make me worried as he mentioned I can't switch. You can switch as per Immigration Rule 245HD (c)(i), which you quoted. This is also in the T2 policy guidance, paragraph 16 (tha table)

One more doubt if you could help,

If I switch to Tier2(General) then would I be eligible for ILR in 2015 (as I will complete 5yrs in UK) or would that be reset & 5yrs time will start from the time I will switch to Tier2 (General)? The 5 year clock will start from the time you switch to T2G. See Immigration Rule 245HF(c)(x)Thanks
Kumar

[kuman32]

thanks a lot manci for all your prompt answers, really appreciate..

[genorp]

I can't say anything definitive and you should seek professional guidance, but the Tier-2 guidance
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
says in footnote 1 under Switching on page 4 (number 16 - the footnote is under the table on the top of page 5), with regards to switching inside the UK to Tier-2 General:

Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2
(General).

And your ICT LTS was a year after that date.

[manci]

the Tier-2 guidance
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdfsays in footnote 1 under Switching on page 4 (number 16 - the footnote is under the table on the top of page 5), with regards to switching inside the UK to Tier-2 General:

Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2 (General).

The wording of this footnote under the table at para 16 of the T2 policy guidance has been unfortunate. It should have said: ...Long Term Staff first granted leave.... However, the Immigration Rules are the law and override the guidance. I suppose one could say that Kumar's leave was not "granted" but "extended" under the rules in place after 6 April 2011

[kuman32]

manci, genorp

Thanks for your replies, but I am confused & worried now.. please help & let me know shall I go for switching if I am allowed ?

thanks
Kumar

[Praman]

Hi Manci/All,

Hope you are well.

I am new to this forum and as such please excuse my Ignorance.

I was hoping if you could please advise/guide me on getting a Tier 2 General and hopefully, transferring to ILR.

I am currently employed in the UK under a Tier 2 ICT, which was issued on 27 March 2011 expiring on 27 th April 2014.

As such, could you please advise on how do i go about this?

Looking forward to hearing from you on this and thank in advance.

Regards,
Praman

[manci]

If you are in the Tier 2 ICT Established Staff category you are eligible to switch to Tier 2 General. The only way to do this is to find another employer who is prepared to sponsor you under Tier 2 General.

[kuman32]

Hello there, I was checking the rules recently on http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

& have got the doubt again on my TIER2 (ICT) to ILR

In requirement it says..
(b) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:

(1) a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category, or

(2) a Tier 2 (Intra-Company Transfer) Migrant in the established Staff sub-category under the Rules in place before 6 April 2011, or

(3) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(4) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer, or

(5) as a representative of an overseas Business, and

In this way if either of the rule applies, I fall under category b.(i).(1) or b.(i).(2)

Please clarify..
Thanks
Kumar


+++++++++++++++++++
[quote="manci"][quote="kuman32"]Hi,

I am in the UK and have been on the following visas (no change in employer)

1> Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) – this was applied for extension as below
2> Tier 2 – Long term Staff ( Apr2012 to May2013) - current

I have 3 questions

1) For how many year I should be able to get the extension on my visa as per latest UKBA rules, would I be eligible for my next extension in 2013? [color=red][b]The max. length of leave for T2 Long Term Staff is 5 years, or the work end date given by the employer in the CoS, whichever earlier[/b][/color].

2) If I am eligible for 2 more extensions then, am I eligible to apply ILR in Apr-2015? [color=red][b] No, because your first leave was under the rules after 6 April 2010[/b][/color].

3) Am I eligible to switch to Tier2(General) visa?[color=red][b] Yes[/b][/color]

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

Thanks
Kumar[/quote][/quote]

[manci]

[1> Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) – this was applied for extension as below
2> Tier 2 – Long term Staff ( Apr2012 to May2013) - current

I have 3 questions

1) For how many year I should be able to get the extension on my visa as per latest UKBA rules, would I be eligible for my next extension in 2013?
see the T2 policy guidance, para 185, page 39, third box from top. The extension will be 2 years or the work end date in the CoS if that is earlier. Under present rules there is no limit in your category on the number of times you can extend, the 5 year overall limit only applies to T2 ICT migrants whose initial leave was granted after 6 April 2011.

2) If I am eligible for 2 more extensions then, am I eligible to apply ILR in Apr-2015?
No, because your initial leave was granted under the rules after 6 April 2010.

3) Am I eligible to switch to Tier2(General) visa?
Yes, if you change sponsor

Kumar

[/quote][/quote]

[kuman32]

thanks manci for your answer again.. one last question please..

I have come to UK very first time in July 2007 (with same employer) on WORKPERMIT & stayed here continuously until Jun 2009. After that return back to India due to some urgency (no visa extn as well), but return back again after 10months on Tier 2 – ICT Established Staff (20-Apr-2010 to May-2012) & further extn Tier 2 – Long term Staff ( Apr2012 to May2013) - current.

Would that make be eligible for ILR somehow?

thanks
Kumar

[manci]

1. when did your 2007 work permit visa expire?
2. for what purpose did you return to India in June 2009?

[kuman32]

Thanks for coming back.

> My 2007 workpermit was expired in 15-Jun-2009 (around 23 months I was in UK)

> There were some issue with the company, I couldn't get the extension, plus some family issue as well which made me to go back. But that again came back to UK in Apr-2010 & here since then.

[manci]

read pages 10-14
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

the absences must be work related, for compassionate reasons or for holidays. Unless you can show that the 10 month absence June 2009 - Apriil 2010 was for that, and provided you can break it up so that what falls in a 12 month period is not more than 180 days, it would represent a break in continuity

[rajeevsharma11]

I am here on tier 2 ICT logn term staff migrant visa July 2011. It is going to expire in August. Will it be possible to switch over to Tier 2 general with in Uk.

[manci]

I am here on tier 2 ICT logn term staff migrant visa July 2011. It is going to expire in August. Will it be possible to switch over to Tier 2 general with in Uk.

what is the date and immigration category of your first application for entry clearance?

[manci]

Based on your reply I did some calculation to find out if I could be eligible for ILR on my 2007 workpermit & based on new rule (180 days of conditional absence).. here are the details..

If I consider applying for ILR in first week of DEC-2013

From 02-Dec-13 To 01-Dec-12 (02-Dec-12 to 19-Dec-12) 17 - Paid leaves
From 02-Dec-12 To 01-Dec-11 (30-Sep-12 to 02-Oct-12) 03 - Paid leaves
From 02-Dec-11 To 01-Dec-10 (20-Feb-12 to 30-Feb-12) 10 - Paid leaves
From 02-Dec-10 To 01-Dec-09 (02-Nov-09 to 29-Apr-10) 178 - Working from India on same project & company but No visa & no UK salary
From 02-Dec-09 To 01-Dec-08 (04-Jun-09 to 02-Nov-09) 151 - Working from India on same project & company but No visa & no UK salary
& (26-Oct-08 to 08-Nov-08) 13 - Paid leaves.

Do you think I should be able to put my case fwd with this ? Would I need to explain the leave period by any letter from my company?

what are the dates (start/finish) and categories of your visas for the whole period concerned?

[kuman32]

Hello Manci,

it would be...

Jun-07 to Jun-09 Work Permit
Jun-09 to Apr-10 [b]NO VISA[/b]
19-Apr-10 to May-12 Tier2 ICT Established Staff (note it was after 06-Apr)
May-12 to 07-May-12 Tier2 Long term Staff

Thanks
Kumar

[kuman32]

hi Manci, did you get a chance to look at these ?

[kulban]

Hi,

I've a query on the Tire 2 visa to ILR or settlement

I've visa stamped as workpermit in dec-2007
and then i've got extensions till date

in dec 2009 the visa was stamped as T2SW(ICT) migrant and in feb 2010 biometric came as Tier 2 (ICT) Long term Leave to Remain

I've entered in uk first time in Jul-2009 and i was out of uk over 180 days

Now with my case am I be able to apply for ILR or settlement if I continued to stay here for 5 years? [3 more years required for avoid 180 days rule]

One more question if my dependent get a workpermit sponsorship here in UK who is staying with me from last 1 year and if she continued to stay upto 5 years will she be granted for settlement?

Thanks in advance for all your help.

[manci]

Hello Manci,

it would be...

Jun-07 to Jun-09 Work Permit
Jun-09 to Apr-10 NO VISA
19-Apr-10 to May-12 Tier2 ICT Established Staff (note it was after 06-Apr)
May-12 to 07-May-12 Tier2 Long term Staff

Thanks
Kumar

Unfortunately the 10 month break June 09 - Apr 10 without leave means that continuity has been broken. The fact that you obtained the T2 ICT entry clearance after 6 April 2010 also means that your time under T2 ICT does not count for ILR.