Tier2 (ICT) to ILR & Extension query

[Jai_Sept]

2. What is the maximum limit that i can stay in UK with same sponcer and same category (Tier 2 ICT)?
no time limit but for each extension you'll need a new CoS

Hi Manci,

I thought there is a CAP of Max 6 years on "Tier 2" category recently?. One can continue in Tier 2 ICT if he/she continue with same sponsor?

Please confirm

Cheers,
Jai

[Shekhar007]

More than 180 days gap in Tier 2 ICT
Hi seniors in the forum, I am new to this forum and want to get some expert advice from experienced experts
I arrived in UK on Work Permit on 2nd November 2009 and stayed until 3rd July 2010.
Again I arrived on same visa on 2nd January 2011 and stayed until 27th December 2012.
In between I got extension of my visa from UK for another 3 years (Until November 2015)
Again I crrived in UK on 18th January 2014 and I am still in UK.

Now I have 2 gaps, forst one was in 2010 for 180 days approx and second in 1013 (Whole year)
I wanted to know that is there any slight possibility for ILR as my visa will be completing 5 years in October 2014.
In whole duration I was working for same Indian company at offshore when I was there in India.

Please suggest.
Shekhar

[manci]

@Shekhar007
your post is unclear.
Write down the start and expiry dates of all your visas and all your departure and arrival dates.

btw - work permits finished in November 2008

[t2applicant]

Hi Manci,

You mentioned in the below post that Tier 2 ICT visa can be extended beyond 5 years with a new COS.

But, in the UK Gov site, its mentioned that the maximum stay/extension is ONLY 5 years. Ref -> https://www.gov.uk/tier-2-intracompany- ... -your-visa

Could you please advise on this?

Thanks,
T2applicant

Hi Team , I am in UK since 31 Oct 2010 on Tier 2 ICT .Could you please clarify below
1. Could you let me know if i would be eligible for ILR?
unfortunately not on the 5 year route because your T2 ICT leave did not include any period before 6 April 2010

2. What is the maximum limit that i can stay in UK with same sponcer and same category (Tier 2 ICT)?
no time limit but for each extension you'll need a new CoS

3. Can i continue my stay after 5 years by changing my visa type from Tier 2 ICT to Tier 2 General with same sponcer?
you can switch to T2G at any time but only with a different sponsor and if you do switch you cannot stay in the UK beyond the 6th anniversary of your 2010 T2 ICT leave

Thank you

[manci]

You mentioned in the below post that Tier 2 ICT visa can be extended beyond 5 years with a new COS.
for those who had T2 ICT leave before 6 April 2011 there is no cap on their stay in the UK. See immigration rule 245GE(b)(v)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[t2applicant]

Hi Manci,

Thanks for the reply. Could you please confirm what the below means in 245GE b(v)?

(3) has not been granted entry clearance in this or any other route since the grant
of leave referred to in (2) above.

Thanks,
T2applicant

You mentioned in the below post that Tier 2 ICT visa can be extended beyond 5 years with a new COS.
for those who had T2 ICT leave before 6 April 2011 there is no cap on their stay in the UK. See immigration rule 245GE(b)(v)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[vedcyru]

HI Manci,

Currenty I am working on ICT Tier 2 long term visa and eligible for ILR.

I have a query, while renewing the visa I have clinet name "A" on COS (certificate of sponsorship) and now before applyibg ILR if I need to work for client "B", will it have any impact on my ILR eligibility or application.
Note:- I am working for same Employer who has sponsored me visa. it is just a client who will change. (no change in job role or salary).

I am aware that we have Client name and work location on COS(Certificatin of sponsorship) and if work location changes, we need to update the COS accordingly.
But just wanted to know if change in client can have any issue with ILR eligibility.

Thanks in advance.

[vedcyru]

To be more clear, will change in client of my employer can cause any issue with my ILR eligibility or ILR application.?

[manci]

a change of work location has to be reported to UKVI by your sponsor but it has no bearing on your ILR eligibility

[vedcyru]

Thanks Manci.
So change in my employer's client (I am going to work for) will also not have any issue with my ILR eligibility.

Please let me know if my understanding is correct.

[hemal11_2000]

Hi Moderators and Seniors,

I am new to this forum and after going through most of the posts on this forum I could relate them to my case and most of my queries got already answered.

But just to ensure I have understood the complicated immigration rules correctly, I would still like to post my queries. Kindly have a look at it and provide your response. Many thanks in advance.

My situation in UK:
- Was in UK on work permit from Sep 2006 to Sep 2007
- Appeared for Biometrics for Tier2 ICT visa on 15th April 2010, however CoS was generated in Mar 2010.
- Arrived in UK on 9th May 2010
- Since then have been in UK with the same employer under Tier2 ICT Visa with 3 extensions so far. Haven't been outside UK for a duration more than 1 month in any year since my arrival on 9th May 2010.

My main intention is now to find out any option I have to be eligible for ILR and if yes what is the latest and best option available.

My understanding:
- looks like I come under the rules in place after 6th April 2010 - so cannot apply for ILR after completing 5 years in Tier 2 ICT category. Is my understanding correct?
- I can switch to Tier2 General if I can find another sponsor. But still cannot apply for ILR in April 2015 as the clock gets reset as soon as I switch to Tier2 General.
- As per new rules in place since April 2014, I cannot stay beyond 6 years if I switch to Tier 2 General category now and as per above point can never become eligible for ILR.
- Can stay infinitely with the same employer on Tier 2 ICT Visa i.e. beyond 5 years. Is this correct? Or 2014 rules apply here as well and I cannot stay beyond 6 years on Tier 2 ICT as well?
- Based on the above, the only option I have to be eligible for ILR is to stay with the current employer for 10 years under Tier 2 ICT category. Is this correct?

Kindly advise, if you see any other quick and better option available to me.

Also, the new 2014 rule seems to be very frustrating to me. So, if somebody comes to UK now for first time on Tier 2 General, they would become eligible for ILR in 5 years, but as I am in UK since 2010 on ICT, I will never become eligible if I switch to Tier 2 General. Strange!!

Thanks,
Hemal

[manci]

what was the date of your T2 ICT application in 2010 (for entry clearance applications the date of application is the date of the payment)?
What is written on the 2010 visa stamp in your passport (type of visa)?

[hemal11_2000]

Hi Manci,

Thank you for you response.

Actually, how do I find the date of my application in 2010. i.e. it was through my employer so payment would also have been done through them. What I can remember by digging old emails is that I appeared for biometrics on 15th April 2010. Does it not mean the payment for application was also done at the time of Biometrics?

On my passport the Visa stamp says as follows:
Name - VISA TIER 2 (INT COM TRAN) MIGRANT <followed by CoS number>
Type - MULT
Valid from - 29/04/10
Valid until - 01/05/12

Thanks,
Hemal

[manci]

@ hemal11_2000
the criticaldate for eligibility for ILR in your case is the date of application, whether it was before or after 6 April 2010. If you don't have records ask your sponsor, they may have them. If they don't either you can make a SAR request to the HO for your immigration records.

[hemal11_2000]

Hi Manci,
Thank you again.

Could you please share some details on what is SAR request and how to request it to Home Office?

Regards,
Hemal

[manci]

https://www.gov.uk/government/uploads/s ... 23/sar.pdf

[hemal11_2000]

Thank you Manci,

I am now planning to submit the SAR request to HO. Just wanted to get your valuable feedback whether I am asking the right question to HO. Here it is what I am planning to request:

"Kindly confirm my entry clearance date in your records for the Tier 2 ICT application that was made around March-April 2010. I need this information to understand whether I will be eligible for ILR i.e. does my application of Tier 2 ICT falls under based on the rules that were in place before 6 April 2010 or not?"

[manci]

Thank you Manci,

I am now planning to submit the SAR request to HO. Just wanted to get your valuable feedback whether I am asking the right question to HO. Here it is what I am planning to request:

"Kindly confirm the date of my application for entry clearance in your records for the Tier 2 ICT application that was made around March-April 2010. I need this information to understand whether I will be eligible for ILR i.e. does my application of Tier 2 ICT fall under the rules that were in place before 6 April 2010 or not?"

[manci]

read also this post:
http://www.immigrationboards.com/uk-tie ... l#p1084398

[hemal11_2000]

Hi Manci,
Thank you so much.

I have now submitted my SAR request as well as dropped an email to workoperationalpolicy@homeoffice.gsi.gov.uk

However, I did receive a response to my email stating the following:
"This mail box should not be used for case specific queries.
Please note that information on how to contact UK Visas and Immigration from inside the UK is published on GOV.UK at www.gov.uk/contact-ukvi.

Will come back with further information/questions once I receive from HO.

Thanks,
Hemal

[manci]

see further posting by Susan0x in the link above:

used the same email address to enquire about my eligiblity and date of my application of ICT entry clearance to HO, but I got a response stating that this email cannot be used to enquire about individual cases. How did you manage to get a response from HO via email?

they havent told me in anything in first response. in third or fouth mail, I have ask them my doubts and luckly that man checked and told me that story.

3) Did you submit the SAR request through post as well? How long did it take for HO to send you a response? Was the response back in post or to your email address?

Yes, I have requested SAR through post. It took around one and half month and they sent me through post

[hemal11_2000]

Thank you Manci. I will now resend an email and see if get lucky this time.

[hemal11_2000]

Hi Manci,

I have now received a response from HO via email and they have confirmed that my date of application of Tier 2 ICT migrant entry clearance was 16th April 2010 so it has been considered as per rules in place after 6th April 2010.

Now considering this, what is the best option available to me from ILR perspective?

Here is my understanding:
- as I come under the rules in place after 6th April 2010 - so cannot apply for ILR after completing 5 years in Tier 2 ICT category. Is my understanding correct?
- I can switch to Tier2 General if I can find another sponsor. But still cannot apply for ILR in April 2015 as the clock gets reset as soon as I switch to Tier2 General.
- As per new rules in place since April 2014, I cannot stay beyond 6 years if I switch to Tier 2 General category now and as per above point can never become eligible for ILR.
- Can stay infinitely with the same employer on Tier 2 ICT Visa i.e. beyond 5 years. Is this correct? Or 2014 rules apply here as well and I cannot stay beyond 6 years on Tier 2 ICT as well?
- Based on the above, the only option I have to be eligible for ILR is to stay with the current employer for 10 years under Tier 2 ICT category. Is this correct?

Kindly advise, if you see any other quick and better option available to me.

Thanks, Hemal.

[manci]

Hi Manci,

I have now received a response from HO via email and they have confirmed that my date of application of Tier 2 ICT migrant entry clearance was 16th April 2010 so it has been considered as per rules in place after 6th April 2010.

Now considering this, what is the best option available to me from ILR perspective?

Here is my understanding:
- as I come under the rules in place after 6th April 2010 - so cannot apply for ILR after completing 5 years in Tier 2 ICT category. Is my understanding correct?
yes

- I can switch to Tier2 General if I can find another sponsor. But still cannot apply for ILR in April 2015 as the clock gets reset as soon as I switch to Tier2 General.
correct

- As per new rules in place since April 2014, I cannot stay beyond 6 years if I switch to Tier 2 General category now and as per above point can never become eligible for ILR.
correct because if you switch to T2G you can only get leave until April 2016

- Can stay infinitely with the same employer on Tier 2 ICT Visa i.e. beyond 5 years. Is this correct?
yes because your initial T2 ICT leave was under the rules before April 2011; you will need a new CoS for each extension

Or 2014 rules apply here as well and I cannot stay beyond 6 years on Tier 2 ICT as well?
see above

- Based on the above, the only option I have to be eligible for ILR is to stay with the current employer for 10 years under Tier 2 ICT category. Is this correct?
yes

Kindly advise, if you see any other quick and better option available to me.

Thanks, Hemal.

[hemal11_2000]

Thanks Manci.

If I go back to India now then can I come back to UK on Tier2 General and stay for 5 years? If yes, then do I have to serve 1 year cooling off period or can I come back immediately?

Kindly advise.

Regards,
Hemal