Am I eligible for ILR?

[thegravit]

Hi,

I am an Indian Citizen and here is my situation -

I first came to UK in June 2010 on 'Tier 2 Intra Company Transfer Established Staff' Visa (the Visa was valid from 17/06/2010 to 30/07/2011). My job is that of a IT Business Analyst

I returned to India on 06/05/2011 having finished my assignment early.
Then I got a new work permit and visa processed and came back to UK on 27/05/2012. This time, the visa is valid from 08/05/2012 till 29/05/2015 (Type - Tier 2 ICT Long Term Staff Migrant)

My questions are -

1. How long am I eligible to work in UK under the current visa? I am on a permanent role with my employer and they are willing to extend my VISA till the maximum possible extent, as they require me here.

2. Can my current VISA allow me to work for more than 5 continuous yeas so that I am eligible to apply for ILR?

3. As my spouse is also working in UK under dependant VISA, does it make sense for her to ask her employer to sponser her, so that she has an independant VISA. The idea being, I can become her dependant so that we can work for another 5 years on the new VISA once our current visa expires. Is this possible and if it is, by doing this (as we will stay in UK for 10 years) are we eligbile to apply for ILR/ citizenship post this period?

Any help on these questions will be vastly appreciated! Happy to provide any other information that is necessary to provide a solution to me. Basically we want to understand if there is a route to settlement here, as we are not eligible to move to Tier 1 General under our VISA

[thegravit]

Awaiting your reply....please let me know if there is a way or not

[vinny]

Were you granted Tier 2 (Intra company transfer) leave under the rules in place before 6 April 2010?

[vinny]

I also see that you broke you continuous residence between 06/05/2011 and 27/05/2012 (245AAA(a)). Therefore, you do not qualify for ILR.

If your wife succeeds in obtaining entry clearance under Tier 2 (General), then you may switch to being her dependant.

[thegravit]

Thank you so much Vinny for your response.

I see that my Visa has been issued in June 10 (from which I presume that the Visa is issued as per the rules in place AFTER April 2010) - this in itself makes me ineligible for ILR. Further, you made it clear that I even broke the continuous period of residence that is required. So on these two accounts, I do not qualify for ILR.

Hope I have understood the above correctly.

So, the alternative you propose is for my spouse to switch her Tier 2 ICT Dependant Visa into Tier 2 General Visa. Is that right? If her employer is ready to sponsor her under Tier 2 General, will this help us qualify for ILR (providing we meet other requirements like English Language, Maintenance of Funds etc etc and that we stay for 5 continuous years from the time her Tier-2 General is Active).

[thegravit]

On the question of how long can I stay on my current visa - is that going to be 3+2 = 5 years? after which I MUST travel back to India and return only after 12 months?
------------
a Tier 2 (Intra-Company Transfer) applicant in the Long Term Staff sub-category will
be granted leave up to 3 years with the possibility of extending for a further 2 years.
You will not be able to extend your stay beyond 5 years (or 9 years for any staff
earning £152,100 or more) and you will not be able to re-apply to return to the UK
under an Intra-Company Transfer category until 12 months after your last leave as
an Intra-Company Transfer expired or 12 months after you left the UK, whichever is
sooner, unless you will be paid an annual gross salary of £152,100 or higher.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

--------------

[vinny]

It seems so (245GB, 245GD).

[thegravit]

Thanks again !

Can you just clarify the below as well -

Is switching to Tier-2 General from Tier-2 Established Staff a complicated process? I believe there is a cap to number of Tier-2 General applications, so dont think this is gonna be an easy thing, and all depends on luck..

Is there a thread that talks about switches from Tier-2 Long Term Established Staff to Tier-2 General? Want to understand how it all works?

[vinny]

She cannot switch from within the UK.

[thegravit]

I think thats the last nail in the coffin !



but thanks a lot for clarification..!