Tier 2 ICT to FLR(M) or ILR ? ....Please advice

[Rathna]

I was in UK from 1st Dec 2008 to 30th Dec 2010 with UK Workpermit. I did return to UK on 26th Mar 2011 with Tier 2 ICT - Established Staff and this VISA is valid till 27th Mar 2014.

My husband recently got ILR thru Tier 2 ICT route and we are staying together in UK since Mar 2011.

Below are few questions I have got. Please advice
• I will be completing 5yrs in UK by Mar 2014. However I got the Tier 2 ICT on Mar 2011 from India. Will I be eligible to apply for ILR after Mar 2014?
• If I am not eligible for ILR, now can I switch from Tier 2 ICT to partner of a permanent resident via FLR(M) route from UK? Will there be any restrictions for taking up job or will it impact my current job?

Thanks in advance.

[Spidery_thread]

I was in UK from 1st Dec 2008 to 30th Dec 2010 with UK Workpermit. I did return to UK on 26th Mar 2011 with Tier 2 ICT - Established Staff and this VISA is valid till 27th Mar 2014.

My husband recently got ILR thru Tier 2 ICT route and we are staying together in UK since Mar 2011.

Below are few questions I have got. Please advice
• I will be completing 5yrs in UK by Mar 2014. However I got the Tier 2 ICT on Mar 2011 from India. Will I be eligible to apply for ILR after Mar 2014?
• If I am not eligible for ILR, now can I switch from Tier 2 ICT to partner of a permanent resident via FLR(M) route from UK? Will there be any restrictions for taking up job or will it impact my current job?

Thanks in advance.

@Rathna,

1) When did your UK WP Expired?
2) When was your Tier 2 ICT issued?

[Rathna]

@ Spidery_thread,

1) When did your UK WP Expired? - 31 Dec 2010
2) When was your Tier 2 ICT issued? - 17 Mar 2011

[Spidery_thread]

@ Spidery_thread,

1) When did your UK WP Expired? - 31 Dec 2010
2) When was your Tier 2 ICT issued? - 17 Mar 2011

@Rathna,

Did you work for the same employer, from 1 Dec 2008? and Continued on T2ICT?

Did you apply for T2ICT before 31 Dec 2010?

[Spidery_thread]

Dear Rathna,

Please read page 15:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"If the applicant’s leave expires whilst they are outside the UK and they apply for fresh entry clearance more than 28 days after the expiry of their previous leave, then the continuous period is deemed broken and leave is not aggregated".

You will have to complete 5 years from 26 March 2011, to be eligible for ILR under Tier 2 ICT.( i.e: 25 March 2016).

Spouse route will add further 5 Years from the date of issue, to be eligible for ILR. There are no restrictions on taking part in employment while a spouse of person settled in the U.K.

[Rathna]

@ Spidery thread,

In the doc link you provided, there was a stmt -
"o Tier 2 Intra-company transfers (ICT) granted under the rules in place before 6 April 2010 (paragraph 245GF)"

Would I still be eligible for ILR via TIER2 ICT route?

My visa expired in Dec 2010 and I applied for a fresh visa after a gap of approx 2 mths.