Tier 2 ICT - Tier 2 General; Is ILR possible?

[manci]

Hi Manci and other experts,

Many thanks for your help, feedback & suggestion to so many of us. Before coming across this thread, i had spent weeks looking at information which was inconclusive to say the least. I have few questions and i am hoping you can answer :-

I am currently on Tier 2 ICT Long term (raised in Nov 2012) and my wife is on my Dependant visa. My wife is currently working for a UK based company. The employer of my wife is willing to sponsor her (if needed be) but they have not really done that in the past, so they are not entirely sure of the process.

a) Can some one please guide if my wife is eligible for switch? If she is, can she do it from within UK OR she will have to go to home country?
she can only apply from home country with a restricted CoS
b) Do you know what is tentative timescale to get Tier 2 general visa? I am asking this so my wife can set the expectations with the employer that she is going to be in home country for 4 weeks or 8 weeks.
it varies from country to country, usually 2-3 weeks[/color]
c) What is the process that employer needs to follow? (They are a licensed organisation). Is it documented anywhere?
if her employer is a licenced sponsor they should know the process. They need to carry out an RLMT(unless an exemption applies) and then apply for a restricted CoS. The T2 sponsor guidance is here:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
d) Once she moved to the new Visa, can she apply for Settlement?
e) If answer to d) is Yes, when can she apply for ILR? Does she needs to be on General visa for 5 years or will the time she had spent already as a dependent will be counted too?
she can apply after 5 years on T2G
f) Once she is on Tier 2, can i apply for Dependant visa within UK?
yes
Thank you in advance! I really appreciate the great job you guys are doing!!

[Tapa27]

Hi,

I was granted a Tier 2 (ICT) Established Staff visa in March 2011 for the period of 2 years (i.e. till March 2013), when I extended it for another 2 years; at that time I was given a Tier 2 (ICT) Long Term visa till March 2015 which I currently hold.

Questions:
- Can I switch into a T2 General visa with the same sponsor without leaving the UK? (bearing in mind that my salary is under £152k)
- Can I switch into a T2 General visa with a different sponsor without leaving the UK? (bearing in mind that my salary is under £152k)

If any of these are Yes, will I be able to apply for a ILR in 2016, since I'd have been in the UK for a period of 5 years?

Thanks!

[kenanuk]

Hi Manci,

I entered UK on 30th Jan 2010 on Tier-2 ICT, with my Visa starting from 25th Jan 2010.. I switched to Tier-2 general In country on 1st Sep 2014. When will I be eligible for applying ILR? I have a gap of employment from 4th July 2014 to 1st Sep 2014. Is it OK?

Also what documents are required for ILR? Do I need last 6 months pay slips? or just 1 month latest?

Also do I need evidence for annual leaves as well? They were all less than 40 days.. totalling 70 days in last 5 years.

Thanks

[manci]

Hi,

I was granted a Tier 2 (ICT) Established Staff visa in March 2011 for the period of 2 years (i.e. till March 2013), when I extended it for another 2 years; at that time I was given a Tier 2 (ICT) Long Term visa till March 2015 which I currently hold.

Questions:
- Can I switch into a T2 General visa with the same sponsor without leaving the UK? (bearing in mind that my salary is under £152k)

- Can I switch into a T2 General visa with a different sponsor without leaving the UK? (bearing in mind that my salary is under £152k)

you can switch to T2G in-country but only with a different sponsor. If you do switch you can only get leave up to March 2017 (6 year cap) but if you stay on T2 ICT there are no restrictions on extensions.

If any of these are Yes, will I be able to apply for a ILR in 2016, since I'd have been in the UK for a period of 5 years?
no, because you didn't have T2 ICT leave under the rules before 6 April 2010.

Thanks!

[manci]

Hi Manci,

I entered UK on 30th Jan 2010 on Tier-2 ICT, with my Visa starting from 25th Jan 2010.. I switched to Tier-2 general In country on 1st Sep 2014. When will I be eligible for applying ILR? I have a gap of employment from 4th July 2014 to 1st Sep 2014. Is it OK?

you will be eligible to apply 28 days before 25 Jan 2015 provided the following condition is satisfied w.r.t. the break in employment (from: https://www.gov.uk/government/uploads/s ... eriods.pdf )

Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.

Also what documents are required for ILR? Do I need last 6 months pay slips? or just 1 month latest?

Also do I need evidence for annual leaves as well? They were all less than 40 days.. totalling 70 days in last 5 years.
read immigration rule 245HF and 245HF-SD
https://www.gov.uk/government/uploads/s ... MASTER.pdf
Thanks

[ashok_sethu]

How long I can extend or Tier 2 ICT. I came in Feb 2011 and extended till feb 2017. In feb 2017 if I applied how long I will get is there any chance for me to stay for 10 yrs and apply ILR thru SET O form

[kenanuk]

Thanks Manci.. A bit confused here.. When it says "Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this eriod for ILR."

Does it mean as long as you have applied for Tier-2 General within 60 days, it should be fine.. There is no actual requirement to start working for the new sponsor within 60 days?

Appreciate your help on this.

Thanks.

[eswarms1979]

Hi,

I have Tier 2 ICT (Established staff) from 17/09/2010 to 24/10/2012 and its extended to till 26/09/2014. in this period I have a break of 289 days (14/06/2013 to 29/03/2014). I am planning to switch to Tier 2 General. I have below queries.

1) Can I switch Tier 2 ICT to Tier 2 General ?
2) If I will switch Tier 2 ICT to Tier 2 General, whether Tier 2 ICT stay period is qualified for ILR count? and based on above beak of 289 days can be adjusted to 2 years split ?
3) Or Whether Tier 2 General visa stamped date only will start my ILR period count?

Please update me?
Thanks.

[Pankajdynamic]

Hi,

I got my Tier2 ICT (Established Staff) visa on 15-Jul-2010 and thereafter it was renewed every year as T2 ICT Long Term Leave To Remain and its valid until Jan-2015.

I am willing for ILR and therefore want to know what options I have. Can you confirm the possibility of following:

1. I need to complete 10 years on current visa type (T2 ICT) and only then I'll be eligible for ILR. No other option to apply for ILR before 10 years if I continue on my current visa type (T2 ICT).

2. As per new rules from Apr-2014, the Tier-2 General validity is only until completion of 6 years of continuous stay in UK. Please confirm.

3. If above is true, Switch to T2 General by changing the employer/sponsor now in Sep-2014 would mean that T2 General will be valid only until I complete total 6 years in UK including my stay on T2 ICT, so possibly only until Jul-2016. During this period when I complete my 5 years (Jul-2015), will I be elligible to apply for ILR.

4. Based on my current Visa type, is there any other better option/visa type you can recommend for me to be able to elligible for ILR.

Regards
PC

[ashok_sethu]

Hi Pankaj

Your Tier 2 ICT Period won't count for ILR. you have to wait for another 5 yrs if you change to Tire 2 General.

I am not sure about the new Tier 2 general rule.

Are you allowed to stay for 10 yrs in Tier 2 ICT. I believe max. you can stay on Tier 2 ICT is 9 yrs.

[Pankajdynamic]

Hi Ashok,
As per my understanding if I switch to T2 General, as per new rules from April 2014, I can no longer have it valid for 5 years and I can get it only for the period up to 6 years of stay in UK including my T2 ICT stay.
Also I can't find any cap (you stated 9 years)on ICT Period applicable to me. Could you provide reference to official site confirming this?

Manci could you plz help me with my queries raised in my previous post?

Regs

[manci]

@Pankajdynamic
1 correct
2 correct
3 no, because you didn't have T2 ICT leave under the rules before 6April 2010
4 you'll have to complete 10 years in the UK under any visa category

[kenanuk]

Thanks Manci.. A bit confused here.. When it says "Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this eriod for ILR."

Does it mean as long as you have applied for Tier-2 General within 60 days, it should be fine.. There is no actual requirement to start working for the new sponsor within 60 days?

Appreciate your help on this.

Thanks.

Hi Manci, Appreciate if you can guide me on above.. Also I have a weird query.. I have a baby born in UK last year and he is going to India this month on Indian passport (No Uk visa as yet).. I will be applying for ILR in Jan 2015.. What are the legal options available for bringing the child back in UK?
1. Apply for a tourist visa for baby and once he is in UK apply for naturalization?
2. Apply for naturalization directly in India once I get my ILR?
3. A bit costly option.. apply for dependant visa and bring back to UK

Thanks

[ashok_sethu]

@Pankaj

I'm not sure about the length of stay in UK as a Tier 2 ICT.

I'm in the same situation as yours came to UK in Feb 2011 as Est. staff and extended as Long term staff till Feb 2017.

Can you able to provide a link or document to state that we can able to stay for 10 yrs or more as tier 2 ICT.

[avneetrekhi20]

Hi Manci and other experts,

Many thanks for your help, feedback & suggestion to so many of us. Before coming across this thread, i had spent weeks looking at information which was inconclusive to say the least. I have few questions and i am hoping you can answer :-

I am currently on Tier 2 ICT Long term (raised in Nov 2012) and my wife is on my Dependant visa. My wife is currently working for a UK based company. The employer of my wife is willing to sponsor her (if needed be) but they have not really done that in the past, so they are not entirely sure of the process.

a) Can some one please guide if my wife is eligible for switch? If she is, can she do it from within UK OR she will have to go to home country?
she can only apply from home country with a restricted CoS
b) Do you know what is tentative timescale to get Tier 2 general visa? I am asking this so my wife can set the expectations with the employer that she is going to be in home country for 4 weeks or 8 weeks.
it varies from country to country, usually 2-3 weeks[/color]
c) What is the process that employer needs to follow? (They are a licensed organisation). Is it documented anywhere?
if her employer is a licenced sponsor they should know the process. They need to carry out an RLMT(unless an exemption applies) and then apply for a restricted CoS. The T2 sponsor guidance is here:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
d) Once she moved to the new Visa, can she apply for Settlement?
e) If answer to d) is Yes, when can she apply for ILR? Does she needs to be on General visa for 5 years or will the time she had spent already as a dependent will be counted too?
she can apply after 5 years on T2G
f) Once she is on Tier 2, can i apply for Dependant visa within UK?
yes
Thank you in advance! I really appreciate the great job you guys are doing!!

HI Manci,
Just another question
My wife has a valid degree from a reputed college (college is listed in point calculator on this website https://www.points.homeoffice.gov.uk/gu ... ment.faces). Is she required to give English test for Tier 2 visa? If not, Is she required to do NARIC’s English Language Assessment?

[avneetrekhi20]

Hi Manci and other experts,

Many thanks for your help, feedback & suggestion to so many of us. Before coming across this thread, i had spent weeks looking at information which was inconclusive to say the least. I have few questions and i am hoping you can answer :-

I am currently on Tier 2 ICT Long term (raised in Nov 2012) and my wife is on my Dependant visa. My wife is currently working for a UK based company. The employer of my wife is willing to sponsor her (if needed be) but they have not really done that in the past, so they are not entirely sure of the process.

a) Can some one please guide if my wife is eligible for switch? If she is, can she do it from within UK OR she will have to go to home country?
she can only apply from home country with a restricted CoS

Hi Manci - I would like to challenge this on the basis of the following statement -
"Points-based calculator - help
Inside the UK : This is only if you are inside the UK with permission to enter or stay (known as 'entry clearance' or 'leave to remain') which is still valid. Please see the policy guidance for details of who is eligible to switch.
Outside the UK : This is if you are not a national of a country within the European Economic Area and you live outside the UK."
This is available at :-
https://www.points.homeoffice.gov.uk/gu ... R_420_HELP

Does this means she can apply for Tier 2 General visa while she's in UK?

[manci]

Hi Manci and other experts,

Many thanks for your help, feedback & suggestion to so many of us. Before coming across this thread, i had spent weeks looking at information which was inconclusive to say the least. I have few questions and i am hoping you can answer :-

I am currently on Tier 2 ICT Long term (raised in Nov 2012) and my wife is on my Dependant visa. My wife is currently working for a UK based company. The employer of my wife is willing to sponsor her (if needed be) but they have not really done that in the past, so they are not entirely sure of the process.

a) Can some one please guide if my wife is eligible for switch? If she is, can she do it from within UK OR she will have to go to home country?
she can only apply from home country with a restricted CoS

Hi Manci - I would like to challenge this on the basis of the following statement -
"Points-based calculator - help
Inside the UK : This is only if you are inside the UK with permission to enter or stay (known as 'entry clearance' or 'leave to remain') which is still valid. Please see the policy guidance for details of who is eligible to switch.
Outside the UK : This is if you are not a national of a country within the European Economic Area and you live outside the UK."
This is available at :-
https://www.points.homeoffice.gov.uk/gu ... R_420_HELP

Does this means she can apply for Tier 2 General visa while she's in UK?

no

[TUNKHALIL]

Hi all,

I have a quite special case and you help/advice is needed. I was granted a Tier 2 ICT visa in OCT 2009 (valid for 3 years) but I entered the UK (with this visa) only in Feb 2011as my employer needed me for a project in head office. since then i live permanently in the UK (except few days out for holidays-no more than 50 days per year)

I renewed my visa again in 2012 and I was given another two years. Now,I'm getting ready to renew it again and my employer is willing to keep me permanently.

1- Do I qualify for ILR?
2- If yes, When Can I apply for the ILR (can i include some of the period before I move to the UK)?

Thank you all,

[manci]

duplicate post

[avneetrekhi20]

Hi Manci and other experts,

Many thanks for your help, feedback & suggestion to so many of us. Before coming across this thread, i had spent weeks looking at information which was inconclusive to say the least. I have few questions and i am hoping you can answer :-

I am currently on Tier 2 ICT Long term (raised in Nov 2012) and my wife is on my Dependant visa. My wife is currently working for a UK based company. The employer of my wife is willing to sponsor her (if needed be) but they have not really done that in the past, so they are not entirely sure of the process.

a) Can some one please guide if my wife is eligible for switch? If she is, can she do it from within UK OR she will have to go to home country?
she can only apply from home country with a restricted CoS
b) Do you know what is tentative timescale to get Tier 2 general visa? I am asking this so my wife can set the expectations with the employer that she is going to be in home country for 4 weeks or 8 weeks.
it varies from country to country, usually 2-3 weeks[/color]
c) What is the process that employer needs to follow? (They are a licensed organisation). Is it documented anywhere?
if her employer is a licenced sponsor they should know the process. They need to carry out an RLMT(unless an exemption applies) and then apply for a restricted CoS. The T2 sponsor guidance is here:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
d) Once she moved to the new Visa, can she apply for Settlement?
e) If answer to d) is Yes, when can she apply for ILR? Does she needs to be on General visa for 5 years or will the time she had spent already as a dependent will be counted too?
she can apply after 5 years on T2G
f) Once she is on Tier 2, can i apply for Dependant visa within UK?
yes
Thank you in advance! I really appreciate the great job you guys are doing!!

HI Manci,
Just another question
My wife has a valid degree from a reputed college (college is listed in point calculator on this website https://www.points.homeoffice.gov.uk/gu ... ment.faces). Is she required to give English test for Tier 2 visa? If not, Is she required to do NARIC’s English Language Assessment?

Hi Manci - Can you update on my query please?
"My wife has a valid degree from a reputed college (college is listed in point calculator on this website https://www.points.homeoffice.gov.uk/gu ... ment.faces).
Is she required to give English test for Tier 2 visa? If not, Is she required to do NARIC’s English Language Assessment?"

[tier2ictvisa2010]

@viraam123 and tier2ictvisa2010

T2 ICT visas granted under the rules in place in the period 6 April 2010 - 5 April 2011 were in the Established Staff sub-category. It is the date of application that determines in which period of the rules the visa will fall.

The usual visa stamp in this period was TIER 2(ICT) ESTABLISHED STAFF but if they used a different stamp in the passport that doesn't change the applicable rules.

Thanks very much for the reply above. So just to summarise , on my case ,
1) This year (before nov 14), I can extend my visa for a further 5yrs upto 2019
yes, with a new CoS

2) On a previous post I know you said I can apply any time within 3 months of the CoS assignment date. Since we are still in July and i have 3.5 months before my current visa runs out, is it best I stay till approx begining October to extend?
this is your choice but the 5 year visa will be valid from the date it is issued, not from the expiry date of your current visa

3) By 2019 I would complete a total of 9yrs in the uk with same sponsor. If i extend for a further 1 year at the time (upto 2020), Would I be eligible for ILR under Long term residency? If so please can you help send link that supports this?
https://www.gov.uk/long-residence/eligibility
https://www.gov.uk/government/uploads/s ... e-life.pdf


Thankyou

Hi Manci, Hope all is well?
Its time to renew our visas (mine and my spouse’s).
Just to remind you my immigration history was as follows.

INTIAL VISA – D–TIER 2 (INT COM TRAN) MIGRANT granted from 23/09/10 to 29/10/12

EXTENTED VISA – T2 ICT LONG TERM LEAVE TO REMAIN granted from 26/10/2012 to 12/11/2014

Appreciate your advise on the follows.
I have requested my sponsor to obtain a 5yr Cos so I can extend upto 2019 Nov which they are looking to get.

1) Do my self and my spouse need to show proof of maintenance or is this not required as its an extension?
2) my Spouse's current passport validity runs out in 2017. Is this a problem? Does she need to apply for a new passport before applying for a 5yr visa?
3) Does my spouse need to show proof of subsistence of marraige. If so what documents are best to show? Ie bank account, utility bills etc Or is this not required
4) We are considering applying through a premium service centre (1 day service) by end October or so. Whats the most efficient way of obtaining a appointment? The centre we are looking at is birmingham.

Thankyou

[manci]

Hi Manci, Hope all is well?
Its time to renew our visas (mine and my spouse’s).
Just to remind you my immigration history was as follows.

INTIAL VISA – D–TIER 2 (INT COM TRAN) MIGRANT granted from 23/09/10 to 29/10/12

EXTENTED VISA – T2 ICT LONG TERM LEAVE TO REMAIN granted from 26/10/2012 to 12/11/2014

Appreciate your advise on the follows.
I have requested my sponsor to obtain a 5yr Cos so I can extend upto 2019 Nov which they are looking to get.

1) Do my self and my spouse need to show proof of maintenance or is this not required as its an extension?
you don't and your spouse doesn't either if you are applying together

2) my Spouse's current passport validity runs out in 2017. Is this a problem? Does she need to apply for a new passport before applying for a 5yr visa?
new passport not required

3) Does my spouse need to show proof of subsistence of marraige. If so what documents are best to show? Ie bank account, utility bills etc Or is this not required
look at section N in the application form:
https://www.gov.uk/government/uploads/s ... _07-14.pdf it asks for confirmation
that the marriage is subsisting. Submit recent joint statement/bill for bank a/c, utilities, etc, as evidence

4) We are considering applying through a premium service centre (1 day service) by end October or so. Whats the most efficient way of obtaining a appointment? The centre we are looking at is birmingham.
you need to check the UKVI website but note that priority postal application is also an option:
https://www.gov.uk/tier-2-priority-applications

Thankyou

[tier2ictvisa2010]

All Clear Manci many thanks again for your advise. I have a couple more questions regarding the application . Will go through all and get in touch later. Thanks again

[shakirali]

Thanks Manci for the quick response.

I've another quick question. Incase if would want to extend my visa beyond 3 years (upto 5 years) is the salary requirement £152,100?
or would it be £40K ? for the extension you will need a new CoS and a minmum salary of £40,600, or the minimum corresponding to the job SOC code, whichever is higher. This is the current rule but of course it may change by the time your extension comes up

[/color][/b]

Hello all,

I want to switch to tier 2 visa after getting refusals for EEA4 permenant residence after 3 years marriage dissolution. I am here 7 years now and want to spend 3 years on tier 2 visa to complete 10 years to apply ILR. My question is that i have been in marriage with an EEA national for 4 years, does this time count to my 10 years journey?

[avipul]

Hi experts,

I have been following the conversations here and got a fair idea of the process, courtsey experts like manci. For my situation, iI have some doubts that I need clarified. Appreciate if you can guide. Here is my visa history for the UK-

ICT Short Term with family- stayed in the UK from 15/07/13 to 11/07/14
Applied for ICT Long Term from Home country
ICT Long Term with family- been in The UK since 25/08/14 (visa valid until 31/01/15, employer planning to apply for extension of the same)

My wife has recently received a job offer and the employer is willing to give her a Tier 2 General CoS for an year.

Queries-
1. I understand she has to apply for Tier 2 from Home Country and cooling off period doesn't apply. Is that right?
2. As for myself, if I choose to switch to T2 General Dependent, can I do it from the UK? Does a cooling-off period apply?
3. Is it alright if the main applicant gets visa in Home Country while the dependent applies in The UK?
3. Can I continue in my current job and assignment on T2 General dependent visa?
4. After an year, my wife will be able to swich to a new employer who is willing to give her a CoS from within UK?
5. As for CoS, is it something that can be issued only in the first week of a month?

Regards.
Vipul