Tier 2 ICT to ILR

[suvendu_mandal]

Hello Experts,

I am currently working on a Tier 2 ICT Established Staff visa. My company is sponsoring the CoS to work in the UK. The first visa start date was 19-Jan-2011 (UK Immigration entry stamp date: 29-Jan-2011) and the visa was valid for two years. However, I went back to my home country after 5 months and stayed there for 9 months. As my visa was valid for 2 years (till 15-Feb-2013), I came to the UK on 27-May-2012 again. Since then I am working in the UK and my company is extending my initial visa (started on 19-Jan-2011).

As per my company rule (I am sure there is no rule as per UK Immigration), my company will NOT extend my visa more than 9 years. So at max, the visa can be extended till 27-May-2021 (completing 9 years).

But the problem is, as per the UK immigration rule to get an ILR, I need to continuously live in the UK for 10 years.

In this circumstances, I believe there is one option left which I need to validate with you guys.

Option
After completing 9 years (i.e. after 27-May-2021) went back to India and come back to the UK within 180 days. As there is no cooling off period on my existing visa, my company can initiate another new Tier 2 ICT Long Term visa provided my salary criteria meets (I believe it will meet). Initially, the new visa will be for 2 years ( can be extended for another 3 years, in total 5 years).
If I can continue a year in the UK on my new visa then I will be able to complete total 10 years ( 9 years on the old visa and 1 year on the new visa), which will help me to get an ILR.

Can you please help with your expert view on the option mentioned above? Is it at all possible?
I hope once I get the new Tier 2 visa, my existing 9 years stay will not reset. Please confirm.

Many Thanks and appreciate your help,
SM.

[CR001]

You won't qualify for ILR based on long residence in 2021 as you were out of the country for 9 months in 2011/12.

[suvendu_mandal]

You won't qualify for ILR based on long residence in 2021 as you were out of the country for 9 months in 2011/12.

Is it? from 27-May-2012 to 27-May-2021, the duration is 9 years. Yes there is a break for 9 months but I am not counting from the first UK entry date (29-Jan-2011) to count 9 years.

Please clarify.

[poper]

Hi

You should still be subjected to a 12 months cool-off period as I believe the rules were ameneded on 11 Jan 2018

Check
245GB.d & e

https://www.gov.uk/guidance/immigration ... sed-system

[suvendu_mandal]

Hi

You should still be subjected to a 12 months cool-off period as I believe the rules were ameneded on 11 Jan 2018

Check
245GB.d & e

https://www.gov.uk/guidance/immigration ... sed-system

In the below link it says:
https://www.gov.uk/guidance/immigration ... sed-system

245GE. Period and conditions of grant
(iv) No limit, if the applicant:
(1) is applying in the Long Term Staff sub-category,
(2) previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2011 or as a Work Permit Holder, and (I am applicable on this rule)
(3) has not been granted entry clearance in this or any other route since the grant of leave referred to in (2) above.

Also I am not able to find any rule which states that cool off is applicable on my visa (Pre 6th April 2011).
Any help on this please?

Thanks,
SM

[poper]

245GB is for entry clearance and I believe 245GE is for granting leave as extensions

You do not have any cap on your Tier 2 ICT visa as per 245GE but will be subject to cool-off period as per 245GB if applying from home country