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ILR - Mix of Tier 2 ICT & Tier 2 General

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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gopiamodi
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ILR - Mix of Tier 2 ICT & Tier 2 General

Post by gopiamodi » Mon Oct 08, 2012 4:36 pm

Hi,

I've in the UK since June 2010 under Tier 2 ICT visa. Since, the visa is linked to the client contract, it's extended every year as below -

Jun 2010 - Initial visa - Tier 2 ICT Established Staff
Jan 2011 - In-country extension - T2 ICT EST STAFF LEAVE TO REMAIN
Jan 2012 - In-country extension - T2 ICT LONG TERM LEAVE TO REMAIN

We've already applied for in-country extension till Dec 2013 under the same catergory.

Now, suppose, if I switch to Tier 2 (General) & stay in UK till Jun 2015, my tenure would be something like 2.5 years under Tier 2 ICT + 2.5 years in Tier 2 (General). Thus, will I be eligible to file for ILR after completion of 5 years in UK? Or the clock would be reset such that one would be required to spend another 5 years from the time Tier 2 (General) becomes active?

Thanks

gopiamodi
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Post by gopiamodi » Wed Oct 10, 2012 9:57 am

Any direction on this would be highly appreciated? Thanks!

geriatrix
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Post by geriatrix » Wed Oct 10, 2012 10:01 am

No one can tell you today what the rules may be in 2015.
For current rules, see 245HF.
Life isn't fair, but you can be!

gopiamodi
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Joined: Sun Oct 07, 2012 10:57 am

Post by gopiamodi » Wed Oct 10, 2012 12:58 pm

Thanks!

I agree it's early to predict the rules for 2015.

But if I look at para "245HF. Requirements for indefinite leave to remain"

It says, for Tier 2 (General) Migrant (as of today) -
(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 Migrant, in any combination of the following categories:

(x) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:

(1) a Tier 2 (Intra-Company Transfer) Migrant granted [color=blue]under the Rules in place before 6 April 2010[/color]

Does this mean under my current scenario the couple of years spent under Tier 2 ICT won't be counted for ILR?

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