Tier-2 ICT old ( prior to April 2010) to Tier-2 ICT new

[Kannan2016]

Dear Experts and Members,

I have a query related to my eligibility to apply for ILR under the 5 Year category. Please find blow the immigration history

1.) First arrival in UK - Feb 2010, using Tier-2 ICT visa and COS. Family came along with me as ICT-Dependent

2.) Left UK in Dec 2011 ( had validity of my visa till March 2012 )

3.) Returned back to UK in Jan 2013 using Tier-2 ICT Long Term Visa, again family came along with me as ICT-Dependent

4.) Tier-2 ICT Long Term Visa issued for 3 years expiring in Jan 2016, have received COS extension for 2 more years.

5.) Have validity on my new COS till 6th Jan 2018

Question is considering the total period in UK from 2010 till date will take me to close to 5 years ( excluding the gap of 12 months between the two types of ICT ). I do know that the rules does not allow a break of more than 180 days, do i have any chance to negate off this gap under any kind of special exemptions like medical.

Second question is, if the above case cannot be considered, do i have a option to move into a different tier-2 visa category at the end of 5th year on my current Tier-2 ICT LT ( max allowed stay is only 5 years ) without undergoing the cooling-off period ( either into Tier-2 general or Tier-2 dependent stamped back from Home country) and then wait for 10 years continuous residency or 7 year category for Kids and apply for ILR

Need your expert opinion on the same

Regards
Kannan

[CR001]

1. You don't qualify for ILR and there are no exemptions that you can use to justify the 12 month absence and the new entry clearance visa. Absence of more than 6 months breaks continuity of residence too.

2. The only way you can avoid the 12 month cooling off period is to apply as a Tier 2 G Dependent (if your spouse qualifies for Tier 2 G main applicant). If not, you will have to serve the 12 months outside the UK.

[Kannan2016]

Thanks CR001

Regarding the second part, if i manage to move as Tier-2 G dep at the end of 5th year along with my kid, do i have option to apply for ILR at the end of 7th year under the category of child in UK for 7 Years or do i have to wait for 10 years of residency in UK

[CR001]

do i have to wait for 10 years of residency in UK

This one.

You can move to Tier 2 General at any point if your spouse gets sponsored and approved for a Tier 2 General visa. You do not have to wait till the end of your current visa or 5 years.

[Kannan2016]

Thanks CR001,

One last question, can my wife move from Tier-2 ICT Dep ( Visa issued in 2013 ) to Tier-2 Gen without traveling to home country, also i believe i can also move as Tier-2 Gen Dep from my current Tier-2 ICT (issued in 2013) without traveling to home country

Regards
Kannan

[moonlight55]

- No for first question.
- Yes for second question.

[CR001]

No, she has to apply from home country for a Tier 2 General visa.

You can apply for Tier 2 G Dependent visa from within the UK once she is back.

[Kannan2016]

Thanks,

what about the Kid, who is now currently Tier-2 ICT dep, does he have to go back to home country to change from Tier-2 ICT dep to Tier-2 Gen Dep

[CR001]

No, dependents can apply within the UK for Tier 2 G Dep visa once your spouse is back in the UK with Tier 2 G.