Help wanted for ILR requirement rules

[smterkar]

Dear All,
I need an urgent help on regarding eligibility for applying for ILR under Intra company transfer. The HR from our company called UK border agency and UK BA staff says that it is not possible for to apply ILR because of ICT tier 2 visa.
Here are my details,
I was first granted 2 year work permit in May 2008 as part of Intra company transfer and subsequently I extended it in 2010 for 1 year and in 2011 for 2 years. After reading the details given on UK border agency web site and immigration rules I understand I could apply for ILR by virtue of work permit holder. Now HR is refusing to take this version, can somebody please advise on this?

Regards,

Sunil

[cs95tdg]

What is your current immigration status? Are you currently in the UK with LTR as a T2 ICT Migrant? If so what you need to verify is whether you satisfy the following requirements. If you do, it is you who will be making the ILR application, not your Employer - so I don't understand what you mean by "Now HR is refusing to take this version". But you would need to get the required evidence from them to support the application - E.g. Letter confirming your job title, SOC code and that you are being paid at or above the required salary for your job, letter confirming absences etc... Please read the SET(O) form and guidance to understand what is required.

The 5-year continuous period must include time spent as:
a) a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
b) a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
Immigration Rule: 245GF(d)

[smterkar]

Hi,

My current immigration status is ICT tier 2, as mention in previous post I came to UK in May 2008 on 2 year work permit on intra company transfer and then gone through two extensions one in April 2010 for 1 year and another from April 2011 for 2 years. My current leave expires on 5 May 2013.

What I mean by "Now HR refuses to take this version" is that previously I showed HR document mention in your link but they are not ready to take this document as eligibility for ILR.

Could you please help?

Regards,

Sunil

[cs95tdg]

What I mean by "Now HR refuses to take this version" is that previously I showed HR document mention in your link but they are not ready to take this document as eligibility for ILR.

The point I was making in my response is that, you are the one who will be applying for ILR, not your Employer/HR. So though they are incorrect in their understanding, it is rather irrelevant that they are not ready to accept the immigration rules that are clearly defined!

If you apply for ILR and fail (note that I'm not saying that you will here, but just making a point), it will only affect your employer indirectly, but it will affect you directly! (I.e. if your current ICT LTR, expires soon)

If however, your employer refuses to give you the relevant letter(s) to enable you to make the application, then you will have a problem. Is this perhaps what you meant to say in your response above?

And is it perhaps, your employers reluctance to support your ILR application, rather than them not being willing to accept the clearly defined immigration rules that is being highlighted here?

[smterkar]

Hi,

In my case Employer is ready to support ILR application but it goes by advise of HR. HR is not conviced over the details given on UKBA web site so they called UK BA helpline and some one told them that I am not eligible for applying for ILR contrary to what is given on UK BA web site.

I am not sure what evidence I should provide to convice HR?

[cs95tdg]

HR is not conviced over the details given on UKBA web site.

I am not sure what information anyone can provide your employer to convince them, given the statement above. The UKBA immigration rules are all published on their website; it is the official source of information for all immigration rules/law in the UK. What exactly is it that your employer is not convinced about? Is it the accuracy of the immigration rules published on the UKBA website? Or is it their inability to interpret/understand the rules that apply to someone who would apply for ILR as a T2 ICT Migrant?

Are you their first employee who is applying for Indefinite Leave to Remain subsequent to being sponsored as a T2 ICT Migrant? If they engage the services of an immigration consultant/solicitor, you may want to try and speak to them and explain why you consider yourself eligible and more to the point ask them why they do not believe in the immigration rules published on the UKBA website. Information supplied by UKBA call centre staff is known to be inaccurate at times, as their call centre staff are not familiar with every permutation/category of immigration law there is. The most accurate source of information on immigration rules you will find is what's published on the UKBA/Home Office website.

[ban.s]

Hi,

In my case Employer is ready to support ILR application but it goes by advise of HR.
...
I am not sure what evidence I should provide to convice HR?

Not sure if I understand the difference between employer and HR. Did you mean your line manager and HR or something else?

On a separate note, why do you need to convince your HR? Are they going to pay for your ILR or you need to pay by your own? If it's the former, then there is a reason for them be convinced on the eligibility and outcome before forking out the money.
In case of the latter, they just need to provide you letters confirming your employment, salary and leaves. These letters will just state facts and won't put them onto any obligation with UKBA.
Finally, "assuming" you don't qualify for ILR - are they willing to extend your Tier 2?

[smterkar]

Finally, HR accepted my view regarding eligibility of ILR and ready to issue required letters for application. Thanks for all your help.

Regards,

Sunil