Query on ILR Application - SET (O)

[incredible91]

Hi,
I am planning to apply for ILR for which i have few queries.

I came to UK in May 29th 2008 on a work permit(Tier 2).
I went back to india in december 20th and my Tier 2 ICT visa expired on 17th Feb 2012.I came back on a new Tier 2 (ICT long term staff) visa on 23rd April 2012.Between the period 17th Feb till 10th April 2012.

Will this affect my ILR application?

Between the period 2008 May till Dec 2011, I have renewed by Tier 2 visa twice (First in 2010 for 1 year and in 2011 for 1 year till 2012).

I have been with the same employer during the the 5 year period.Please let me know if I can apply for ILR and the documents that I need to submit.

[cs95tdg]

I came to UK in May 29th 2008 on a work permit(Tier 2).
I went back to india in december 20th and my Tier 2 ICT visa expired on 17th Feb 2012.I came back on a new Tier 2 (ICT long term staff) visa on 23rd April 2012.Between the period 17th Feb till 10th April 2012.

Will this affect my ILR application?

Between the period 2008 May till Dec 2011, I have renewed by Tier 2 visa twice (First in 2010 for 1 year and in 2011 for 1 year till 2012).

Where you first refer to WP and then T2 ICT visa, do you mean your inital WP was a ICT WP? It would help if you provide the following to answer your question:
1) WP EC date: ??
2) Date of first entry: May 29th 2008
3) Expiry date of WP LTR: 17th Feb 2012
4) Date you left the UK: december 20th - which year was this?
5) Subsequent Tier 2 (ICT long term staff) EC application date: ??
6) T2 ICT LT EC date: ??
7) Date of entry on T2 ICT LT EC: 23rd April 2012
Where you say your T2 visa was renewed twice, can you confirm that those applications were made in-time and in-country?

You may find the following topic informative as it is similar to yours: http://www.immigrationboards.com/viewtopic.php?t=130150

[incredible91]

Thanks for the information.

The visa issued in passport is mentioned as VISA WORK PERMIT valid from 01/02/2008 till 01/02/2010.I am not sure if this is the same as ICT but my visa extensions are all Tier 2 ICT with the sam employer.

1) WP EC date: 01/02/2008
2) Date of first entry: 30th May 2008
3) Expiry date of the first WP LTR: 1st Feb 2010 (2 extensions were made after this in UK and in time.Details below)
4) Date I left the UK: 20th Dec 2011
5) Subsequent Tier 2 (ICT long term staff) COS issue date: 29th Feb 2012
6) T2 ICT LT EC date: 10th Apr 2012
7) Date of entry on T2 ICT LT EC: 23rd April 2012 valid for 3 years till 14th May 2015.

Both visa renewals were made in UK and in Time.

First Tier 2 ICT Visa extension:
Date of Issue: 18th Feb 2010 valid till 16th Feb 2011

Second Tier 2 ICT extension:
Date of Issue: 8th Mar 2011 valid till 17th Feb 2012

Between the period of first entry in 2008 till 20th Dec 2011,I have been on short leave for 2-3 weeks once in a year but were less than 180 days for the 12 month period.

Can you please let me know if I am eligible for ILR.

[cs95tdg]

3) Expiry date of the first WP LTR: 1st Feb 2010 (2 extensions were made after this in UK and in time.Details below)
First Tier 2 ICT Visa extension:
Date of Issue: 18th Feb 2010 valid till 16th Feb 2011
Second Tier 2 ICT extension:
Date of Issue: 8th Mar 2011 valid till 17th Feb 2012
4) Date I left the UK: 20th Dec 2011
5) Subsequent Tier 2 (ICT long term staff) COS issue date: 29th Feb 2012
6) T2 ICT LT EC date: 10th Apr 2012
7) Date of entry on T2 ICT LT EC: 23rd April 2012 valid for 3 years till 14th May 2015.

Based on the following statement in the continuous residence guidance it appears that your continuous residence was broken because there is a difference of more than 28 days between the former LTR expiry date (17th Feb 2012) and the new EC date (10th Apr 2012).

Page 14: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The continuous period is maintained if:
 the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
 the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
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 should read the information posted under the topic link I provided in my previous response, as your circumstances are very similar - so the information in that post would apply to you as well.

Unless you meet the requirements below you will not be able to consider your current residence period (starting from 10th Apr 2012) towards a future ILR application as a T2 ICT migrant.
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)

[incredible91]

Thanks for the reply..

Is there any way I can show document to prove that 28days were because of a valid reason and couldn't,t get it within 28 days

[GenX]

Hi, do you have any document like deputation letter or any letter from employer confirming that they have sent you to India for work ?

You can use such kind of letter from employer.

[cs95tdg]

Is there any way I can show document to prove that 28days were because of a valid reason and couldn't,t get it within 28 days

I'm afraid no one on this forum would be able to give you a definitive answer to this question. If possible, it would fall under the category of discretion, which only a UKBA case worker would be able to comment on. You should read the guidance to see whether there is room for discretion in this type of scenario (generally speaking, I suspect that there won't be). There is a gap of 41 days between your former LTR expiry date and new EC date.

[incredible91]

Thanks everyone for your responses.

My Cos(Certificate of sponsorship) to work in UK during my second extension is as follows:

Start Date: 03-Feb-2011
End Date: 03-Feb-2012

My new Cos (Tier 2 Long term visa) details are below:
Issue Date: 29-FEB-2012
Start Date: 16-Apr-2012
End Date: 15-Apr-2015

Visa Start Date: 10-Apr-2012
Visa End Date: 14-05-2015

From the above,the old Cos expiry and issue of new Cos is less than 28 days. Can you please confirm if this is considered or the start date of my visa is considered for my ILR.

As per the UKBA,it says as below:

The continuous period is maintained if:
1) the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
2) the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.

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.

[cs95tdg]

From the above,the old Cos expiry and issue of new Cos is less than 28 days. Can you please confirm if this is considered or the start date of my visa is considered for my ILR.

Unfortunately, it's the EC (which gives you LTR in the UK) for that COS that is relevant. So therefore, the answer to your question would be 'No'; the start date of your second LTR grant would be 10-Apr-2012 & that's the reason why I stated you have a gap of 41 days.

[chandupavan]

Hi,

My case is exactly same as below just that i didnt break continuous period, but the main problem is we are on tier2 ICT LONG TERM VISA issued after April 2011.
i have mentioned my VISA details as below, could you please let me know whether i am eligible for ILR or not?

1) WP EC date: 30/12/2008
2) Date of first entry: 30th April 2009
3) Expiry date of the first WP LTR: 30th Dec 2010 (1 extension was made after this as Tier2 ICT in UK and Details are --till 08th Jan 2012)
4) Date I left the UK: 02nd OCT 2011
5) Subsequent Tier 2 (ICT long term staff) COS issue date: 09th Dec 2011
6) T2 ICT LT EC date: 30th Dec 2011
7) Date of entry on T2 ICT LT EC: 30th Dec 2011 valid for 3 years till 08th Jan 2015

in my case I have returned to UK with in my old VISA gets Expired, but I have some queries

1. Am I eligible for ILR as I am on Tier2 ICT Long Term issued after 6th April 2011
2. as I got new ICT long term staff from india, did my employer cancelled my earlier VISA before applying new ( The VISA which i had till 08th Jan 2012), if so how could i get those details whether they had cancelled before issuing the new Cos/VISA in another category?

any way if the answer to query 1 is NO, then there is no pint of discussing the query 2 or EC dates , or LTR dates -:)

any quick responses are appreciable!.


Regards
Chandu

[Manka10]

4) Date I left the UK: 02nd OCT 2011
5) Subsequent Tier 2 (ICT long term staff) COS issue date: 09th Dec 2011

you cannot have conconcurrent visas in the same category, the older one is automatically revoked when new one is issued
also, there is a gap of more than 28 days between when you left UK & when EC was issued so continuous residence has been broken

[chandupavan]

Hi,

I understand that we can't have two VISA's on same category, but UK BA will cancel the first VISA when we submit EC application for second VISA, in that case any way i am safe i guess

but the second sattement which you have mentioned is not clear as per
Indefinite leave to remain – calculating continuous period in UK guidelines

4) Date I left the UK: 02nd OCT 2011

5) LTR Expiry date : 08th Jan 2012

6) Subsequent Tier 2 (ICT long term staff) COS issue date: 09th Dec 2011

Statement which you have mentioned:
----------------------------------------------

"there is a gap of more than 28 days between when you left UK & when EC was issued so continuous residence has been broken"

statement from Indefinite leave to remain – calculating continuous period in UK guidelines
----------------------------------

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.

what does that Previous Leave meanining? is it Date left from UK or Date of Expiry of the previous VISA?

i have contacted one of the solicitor and he told that is Date of Expiry of the previous VISA when we made a fresh application for EC outside the UK, is it not the case then?

[chandupavan]

Hi,

just to highlight one more point for incredible91 case, Guru has stated the GAP as 41 days, where Guru has considered the Leave Expiry date as Actual VISA end date rather than the Date Left from UK

so it is bit controversy

Regards
chandu

[Manka10]

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.

apologies mate, thanks for pointing that, must have been a printing mistake from my side

[chandupavan]

Hi,

So does it mean am i eligible for ILR?

one more point to observer here, i have satisfied only (b) in below notes, not (a) as my subsequent Tier 2 (Intra company transfer) after initial WP starts from 31st Dec 2010

so only point (b) is covered, hope rules are also stating that either (a) or (b) not a & B

cs95tdg wrote:
Unless you meet the requirements below you will not be able to consider your current residence period (starting from 10th Apr 2012) towards a future ILR application as a T2 ICT migrant.
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)

[cs95tdg]

one more point to observer here, i have satisfied only (b) in below notes, not (a) as my subsequent Tier 2 (Intra company transfer) after initial WP starts from 31st Dec 2010

so only point (b) is covered, hope rules are also stating that either (a) or (b) not a & B

cs95tdg wrote:
Unless you meet the requirements below you will not be able to consider your current residence period (starting from 10th Apr 2012) towards a future ILR application as a T2 ICT migrant.
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)

It's (a) or (b). From the information your have supplied in your former post, the only doubt I have is about the second T2 ICT COS & EC. If I've understood you correctly this application would have been made under the rules in place after 6 April 2010 as it was not an in-country application to extend your leave to remain. Is this correct? If so, according to my understanding of the rules, you wouldn't be able to consider the residence period after 30th Dec 2011 towards your ILR residence due to this fact.

5) Subsequent Tier 2 (ICT long term staff) COS issue date: 09th Dec 2011
6) T2 ICT LT EC date: 30th Dec 2011

[chandupavan]

Hi Guru,

Point 1: Yes i am currently on Tier2 ICT Long TERM VISA which was issued on 09th Dec 2011 , are you saying that i am not eligible for ILR?

Point 2: or are you asking about my second Tier2 ICT VISA ( i.e first one is WP expired on 30th Dec 2010 and it got extended with in UK and that second VISA end date is 08th Jan 2012 )

are you asking about point 1 or point 2 ?

i left uk on 02nd Oct 2011 ( eveb before my Tier2 ICT VISA expires) and came to UK with Tier2 ICT Long TERM as fresh EC application on 30th Dec 2011- are you saying that my residence period will not be considered after 30th Dec 2011 ( as per point 1) ? didnt get the meaning here

if that is true then what exactly the meaning of below high-lighted satement
The continuous period is maintained if:
 the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
 the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
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.


what is exact meaning of Fresh Entry application in Tier2 ICT?

[cs95tdg]

Point 1: Yes i am currently on Tier2 ICT Long TERM VISA which was issued on 09th Dec 2011 , are you saying that i am not eligible for ILR?

Point 2: or are you asking about my second Tier2 ICT VISA ( i.e first one is WP expired on 30th Dec 2010 and it got extended with in UK and that second VISA end date is 08th Jan 2012 )

are you asking about point 1 or point 2 ?

i left uk on 02nd Oct 2011 ( eveb before my Tier2 ICT VISA expires) and came to UK with Tier2 ICT Long TERM as fresh EC application on 30th Dec 2011- are you saying that my residence period will not be considered after 30th Dec 2011 ( as per point 1) ? didnt get the meaning here

if that is true then what exactly the meaning of below high-lighted satement
The continuous period is maintained if:
 the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
 the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
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.


what is exact meaning of Fresh Entry application in Tier2 ICT?

Point 1. Yes, this is my conclusion based on the information you supplied.

From what you have stated, you have had 3 ICT related applications.
1) WP ICT EC on 30/12/2008. Out of country application for Entry Clearance.
2) T2 ICT LTR on ??. In country application for Leave to Remain.
3) T2 ICT EC on 30th Dec 2011. Out of country application for Entry Clearance.

The reason I concluded that you don't qualify for ILR now is because of point 3). I.e. was a new T2 ICT application made after 6 April 2010. And if you read the immigration rules mentioned for that immigration category you'll see that it is not a immigration category that leads to settlement - because it was based on the rules in place after 6 April 2010. The fact that your 3rd EC application was made within the allowed time period so as not to break continuous residence is not the problem here; it's the immigration category which that EC was granted for.

If only your 3rd application above had been an in-country application for LTR, then you would have qualified. The reason being that would have been under the rules in place before 6 April 2010. I.e. the rules that were in place when your first WP ICT EC was granted.

[chandupavan]

Hi Guru,

Thanks for your detailed explanation, i got your point, but during 2011 October i had a plan to switch from Tier 2 ICT ( initially it was WP) to Tier2 General as my first job is got completed- unfortunately there is no rule during September & October 2011 to switch Tier2 ICT's to in Tier2 General with in UK ( Rule got changed during November 2011 - i was very unlucky just for one month) - so i was forced to go to india to convert into Tier2 General

but once after i went to india i have contacted local consultancy and i came to know that if i switch from Tier2 ICT to Tier2 General my count will reset to Zero.
hence i have changed my mind to go with same sponsor ( to continue in Tier2 ICT) and applied the new EC with out breaking continuous period

do you see any options whether i can request UK BA as rule got changed in November 2011(by that time i had placed my fresh EC application from india) to switch with in UK , the same rule was not in place during September/October 2011 when i had left UK

Regards
Chandupavan

[cs95tdg]

do you see any options whether i can request UK BA as rule got changed in November 2011(by that time i had placed my fresh EC application from india) to switch with in UK , the same rule was not in place during September/October 2011 when i had left UK

Unfortunately, I don't. You may want to consult a immigration advisor or solicitor to understand what the best course of action is now.

[chandupavan]

Hi,

looks like there are new rules coming from Ooctober 2013 for Initial work permit holder
http://www.immigrationuk.co.uk/articles/display/151/
where it states that "Migrants granted permission to stay in the UK as work permit holders, before switching into Tier 2 (ICT) and then into Tier 1 (General), will be permitted to count the time spent in all three categories towards the five year qualifying period for settlement."

My VISA details are below

************************
1) WP EC date: 30/12/2008
2) Date of first entry: 30th April 2009
3) Expiry date of the first WP LTR: 30th Dec 2010 (1 extension was made after this as Tier2 ICT in UK and Details are --till 08th Jan 2012)
4) Date I left the UK: 02nd OCT 2011
5) Subsequent Tier 2 (ICT long term staff) COS issue date: 09th Dec 2011
6) T2 ICT LT EC date: 30th Dec 2011
7) Date of entry on T2 ICT LT EC: 30th Dec 2011 valid for 3 years till 08th Jan 2015
*************************

Could you please suggest as per new rule am i eligible for ILR? my main query is i am under initial WP holder category, but what they mean by switch into Tier2 ICT ? is switching means with in UK ? if so then this rule exist already , dont think they have changed/amended some thing now. but point to note is when i had made fresh EC in nov 2011 there is no rules in UK to convert VISA's from ICT to Tier2 General , so i was forced to go back and apply from India. is they any chance to apply ILR as per new rule?

Regards
Ravi