Tier2(ICT) to Tier 2 General -->> ILR

[jattmonty]

Hi , I got long term Tier 2 ICT visa on 3rd Aug 2010 and I came to the UK on 4th Aug 2010. My questions are below:

1. Can i get ILR on the same visa(Tier 2 ICT) if I stay for 5 years continuously?
2. Can i switch my visa to Tier 2 General.
3 (Most important one). if i switch to Tier 2 General now , will I be eligible for ILR if i work for the sponsoring company for the next 2 years? will the time period spent on Tier 2 (ICT) counts for ILR in this case?

many thanks for help.

[manci]

1. no
2. yes, you are eligible if you change sponsor
3.no, no. You will only be eligible after 5 years on T2G

[infoseeker51]

Hi Manci,

Will you please clarify? Your answers to similar cases in current thread and thread with link below are different. In both cases Tier 2 ICT was granted after 6th April 2010 and candidate switched to Tier 2 general after spending 2-3 years in Tier 2 ICT. Now they are asking weather or not the time spent on Tier 2 ICT can be counted towards ILR or they need to spend 5 years on Tier 2 General?

http://www.immigrationboards.com/viewto ... a94ba15e25

Your answer in thread with link above is YES for Tier 2 ICT time period but No in current thread for same Tier 2 ICT period towards ILR. Please advice whats correct?

[manci]

1. Immigration Rule 245GF (d)(i)
2. Immigration Rule 245HD (c)(i)
3. Immigration Rule 245HF (c)(x)1
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[infoseeker51]

Hi Manci,


In section 245HF
(ix) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or

(x) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:

(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

according to above section I believe that if Tier 2 ICT is granted after 6th April 2010 then the time spent in Tier 2 ICT is not counted towards ILR. This means that in this case switching from Tier 2 ICT to Tier 2 General will reset the clock and candidate need to wait for another 5 years for ILR in Tier 2 General.

Is my understanding correct here?

[manci]

You will only be eligible for ILR after 5 years on T2G

[infoseeker51]

Thanks Manci. Just one more question. T2G duration after switching from T2ICT (allocated after 6th April 2010) is 3 years at first according to the COS allocated by the employer. Employer can extend it further for 3 years. right?