ILR Eligibility

[prati]

Hi,

Can you please clarify below 3 queries ?

1. Do am i eligible for ILR in 2015 if i get an Visa sponsorship for next 2 years ?

As i have continuous visa from 03/2007 onwards as per below details.

Visa Tier2 (ICT) Established Staff ( Applied in India ) 10/11/2010 - 19/12/2013,
Limited Leave to Remain(Extension in UK) 13/11/2008 - 31/12/2010,
Work Permit visa ( Applied in India ) 05/03/2007 - 31/12/2008,

I have stayed in UK as below period .

Stay in UK : 04/2007 - 09/2007
01/2008 -08/2009
12/2010 - current date

During the gap period i had worked in Offshore,india with the same company.

2. As per new rules do i eligible for ILR if it is considered my stay from 04/2007 onwards ?

3. Does i am not eligible for ILR as per new rules i.e 6th April 2010 as i have entered in UK i.e 11/2010 ?

Please let me know if you need any more details through email id

Regards,
Prati

[vinny]

When did you apply for Tier2 (ICT) Established Staff visa?

[prati]

Hi,

I had applied Tier2 (ICT) Established Staff in India in Oct-2010 and got the validity from 10/11/2010 - 19/12/2013.

How ever i have a visa which is extension applied in uk i.e
Limited Leave to Remain i.e validity 13/11/2008 - 31/12/2010,

thanks,

[vinny]

Why did you apply for a visa from India rather than an extension in the UK?
Was the previous leave also under ICT with the same company?

[prati]

Hi,

Thanks for your response.

Because during the period for visa extension i am working in offshore,India with the same company

i.e Stay in UK : 04/2007 - 09/2007
01/2008 -08/2009
12/2010 - current date

During the gap between period in UK i am working in India,offshore for the same company and same client in UK.

Yes, previous leave under ICT is also with the same company and also all the visa period is with same company and same uk client

thanks,

[vinny]

If you were absent between 08/2009 - 10/2010, for over a year, then that broke your continuous residence in the UK.

Your visa application in Oct 2010 would have been considered as a fresh application under the rules in place after 6 April 2010.

Unfortunately, I think that you cannot qualify for ILR.

[prati]

Thanks for the response.

Lastly If i apply for the extension in 12/2013 then do i get 3 years ICT Long Term Visa and followed by 2 years as i am eligible for long term.

(or) Do i get 2 years extension only in ICT Long Term Visa ?

[vinny]

1. Do am i eligible for ILR in 2015 if i get an Change to Tier 2 General Visa from ICT Established Staff ?



Visa Tier2 (ICT) Established Staff ( Applied in India ) 10/11/2010 - 19/12/2013,
Limited Leave to Remain(Extension in UK) 13/11/2008 - 31/12/2010,
Work Permit visa ( Applied in India ) 05/03/2007 - 31/12/2008,

I have stayed in UK as below period .

Stay in UK : 04/2007 - 09/2007
01/2008 -08/2009
12/2010 - current date

Regards,
prati

[vinny]

Thanks for the response.

Lastly If i apply for the extension in 12/2013 then do i get 3 years ICT Long Term Visa and followed by 2 years as i am eligible for long term.

(or) Do i get 2 years extension only in ICT Long Term Visa ?

See also 245GE. Period and conditions of grant

[vinny]

1. Do am i eligible for ILR in 2015 if i get an Change to Tier 2 General Visa from ICT Established Staff ?



Visa Tier2 (ICT) Established Staff ( Applied in India ) 10/11/2010 - 19/12/2013,
Limited Leave to Remain(Extension in UK) 13/11/2008 - 31/12/2010,
Work Permit visa ( Applied in India ) 05/03/2007 - 31/12/2008,

I have stayed in UK as below period .

Stay in UK : 04/2007 - 09/2007
01/2008 -08/2009
12/2010 - current date

Regards,
prati

No. If Your visa application in Oct 2010 was considered as a fresh application under the rules in place after 6 April 2010, then the period from Oct 2010 until Tier 2 (General) leave may not be included for ILR (245HF). Your qualifying period for ILR will start after grant of Tier 2 (General) leave.