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ILR while on Tier 2(ICT)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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applyforILR
Junior Member
Posts: 66
Joined: Fri Jan 25, 2013 3:52 pm

ILR while on Tier 2(ICT)

Post by applyforILR » Sun Jan 27, 2013 6:34 pm

Hi everyone,

I am currently on Tier2 (ICT), from 2009. I would be eligible for ILR in dec this year. I am sure that my sponsor (indian company) would not support for my ILR as then I would have an option to change the company/job.
I need advise on few things:

1. Has anyone got ILR in similar scenario, that is, without the letter from employer and letter of absences?

2. If I try to get another sponsor and switch to Tier 2 (general), would I still be eligilble for ILR? Also, in this case would i still need any letter of absences or any documents from my first company? Getting this letter of absences might not be possible from this company. I do have few vacation approval mails though but not for all leaves.

3. I am getting few offers in UK but none of them can sponsor a visa. Is it possible to get some different sponsoring company or agency? would I still be eligible for ILR if get the sponsorship from such agencies and work for reputed companies as contractor? Are there any hidden issues in this?

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Re: ILR while on Tier 2(ICT)

Post by wpilr_nov12 » Mon Jan 28, 2013 10:14 am

applyforILR wrote:Hi everyone,

I am currently on Tier2 (ICT), from 2009. I would be eligible for ILR in dec this year. I am sure that my sponsor (indian company) would not support for my ILR as then I would have an option to change the company/job.
I need advise on few things:

1. Has anyone got ILR in similar scenario, that is, without the letter from employer and letter of absences?

You need to make it clear to your employer that without them providing you the letter, you leave UK as your visa expires and the company is no better off.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

applyforILR
Junior Member
Posts: 66
Joined: Fri Jan 25, 2013 3:52 pm

Post by applyforILR » Tue Jan 29, 2013 5:17 pm

Thanks wpilr_nov12.

The employer is reluctant in giving this letter as this would set wrong example for other employees.

Also, Can you please answer the other 2 questions:
2. If I try to get another sponsor and switch to Tier 2 (general), would I still be eligilble for ILR? Also, in this case would i still need any letter of absences or any documents from my first company? Getting this letter of absences might not be possible from this company. I do have few vacation approval mails though but not for all leaves.

3. I am getting few offers in UK but none of them can sponsor a visa. Is it possible to get some different sponsoring company or agency? would I still be eligible for ILR if get the sponsorship from such agencies and work for reputed companies as contractor? Are there any hidden issues in this?


Also in 2010 I was outside UK for around 95 days during which I got married and wasn't working for UK project. but i was on paid leave(indian salary) with the same employer. . Would this time period have any negative impact on my application? Do i need to get any extra documents ready for this?

Thanks in advance.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Tue Jan 29, 2013 5:22 pm

Tier 2 application requires employer letter. No way around it. Have you discussed this with your local manager (based in UK)? You say your employer is Indian company, but it would have to be a UK entity to have sponsored your T2, I would have thought.
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My ILR, MN1 and kids PP stories.

cs95tdg
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Location: London

Post by cs95tdg » Tue Jan 29, 2013 7:12 pm

To add to the above, you require you employer’s cooperation on two fronts:

1) To provide a letter to confirm that you are still required for employment, your SOC code, your current rate of pay and that this is at or above the appropriate rate for the job.
2) To provide a letter to confirm your annual leave & business related absences.

This is a requirement if you are applying for ILR as a employer sponsored migrant such as T2 or WP. So as already stated, this requirement will still exist even if you work for another employer, as a T2 Migrant.

srk2012
Junior Member
Posts: 77
Joined: Mon Nov 05, 2012 7:54 pm

Post by srk2012 » Tue Jan 29, 2013 10:04 pm

You can specify that you are applying for ILR to the HR and they will be happy to provide you the letter if your manager approves. In that way you are actually saving them of the visa renewal costs every year.

applyforILR
Junior Member
Posts: 66
Joined: Fri Jan 25, 2013 3:52 pm

Post by applyforILR » Thu Jan 31, 2013 10:39 pm

Thanks all of you. I would try to convince my employer. I still have 8-9 months in my application. .. But looking at the history in my company, there is also a possibility that my employer would try to send me back before I complete the 5 yr period... wud still try it.. might search for a sponsorship for next 8-9 mnths..

If anyone is willing to tell, can you confirm if you or anyone you know of has got ilr while on Tier2 (ICT) with the support of one of such employers it would be really encouraging to know any such cases and how easy or difficult was it to convince the company to get documents..

Generally such companies dont support ilr as its not in their interest if they invest in employees who later get ilr and leave for better paid jobs...

I still have few months to decide my plan of action... would keep asking questions.. :)
Last edited by applyforILR on Fri Dec 20, 2013 3:56 pm, edited 1 time in total.

vinny
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Post by vinny » Sun Mar 10, 2013 1:22 am

applyforILR wrote:Hi,

I had got my Tier 2(ICT) stamped in Jan 2009 with 3 yrs validity. My company applied for extension in Jan 2012 and I received the visa in march 2012 with the validity till Jan 2104. The extended visa says "T2 ICT Long Term Leave To Remain".

I would be eligible for ILR in Dec this year but might get stuck for the employment letter which is hard to obtain. To minimize the risk, I am looking to switch to Tier 2 General visa. My query is: am i eligible to swtich to Tier 2 general while in UK. Since the Long term visa was stamped in 2012, does it make me ineligible to switch from inside UK? Or Because it was extension of the old tier2 , so would be considered under the visa rules of 2009?

I am bit confused.
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applyforILR
Junior Member
Posts: 66
Joined: Fri Jan 25, 2013 3:52 pm

Post by applyforILR » Sun Mar 10, 2013 7:02 pm

Thanks Vinny.

Can someone please help me on the tier 2 long term to tier 2 general query..

Thanks in advance.

applyforILR
Junior Member
Posts: 66
Joined: Fri Jan 25, 2013 3:52 pm

Post by applyforILR » Mon Mar 11, 2013 5:59 am

Hi

Can anyone please reply if I am eligible to switch to tier 2 general or not?

Many thanks.

applyforILR
Junior Member
Posts: 66
Joined: Fri Jan 25, 2013 3:52 pm

Post by applyforILR » Thu Mar 14, 2013 10:06 pm

Can someone please reply if i am eligible to switch to Tier 2 (general) from within uk... I am running out of time.. please reply asap.

Prash_13
Newly Registered
Posts: 25
Joined: Mon Jan 14, 2013 9:30 pm

Post by Prash_13 » Fri Mar 15, 2013 12:09 pm

Yes, you are eligible to switch... As you entered the UK under Tier 2 ICT before 6 April 2010, you are able to switch to Tier 2 Gen...

sam_h
Newly Registered
Posts: 2
Joined: Fri Sep 10, 2010 2:33 pm

ILR for Tier2 ICT

Post by sam_h » Sat Mar 16, 2013 10:43 am

In my case I am lucky that in order to facilitate MY ILR my company has promised to offer me a letter saying I will be required in my job in Uk for a foreseeable period even though my project is going off to another IT provider.
I do not know abt others but my employer has no issues in getting ILR for their ICT Tier2 workers in the UK

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