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TIER 2 ICT Granted Oct 2010 - Can I extend again?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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chipromos14
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TIER 2 ICT Granted Oct 2010 - Can I extend again?

Post by chipromos14 » Thu Jul 05, 2018 4:57 pm

Hello, my husband tier 2 ICT was granted Oct 2010. Since then we have extended multiple times and the current extension expires this September. His work people has told him that he can't extend again as he can't stay more than 9 years. I know there has always been an exception for those granted before April 2011 and that they can extend indefinitely. Can someone please correct me if am wrong or direct me to the correct documentation if am right?

Many thanks

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CR001
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Re: TIER 2 ICT Granted Oct 2010 - Can I extend again?

Post by CR001 » Thu Jul 05, 2018 5:06 pm

Immigration rules Part 6a link below.

https://www.gov.uk/guidance/immigration ... sed-system
245GE. Period and conditions of grant
(a) Leave to remain will be granted for whichever of the following is the shortest:
(i) the length of the period of engagement plus 14 days,
(ii) 5 years, or
(iii) the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any break between periods of leave which was disregarded when granting the further leave) as a Tier 2 (Intra-Company Transfer) Migrant, and the maximum time, as set out in (b).
If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

(b) The maximum time referred to in (a)(iii) is:
(i) 12 months, if the applicant is applying in the Graduate Trainee sub-category,
(ii) 5 years, if:
(1) the applicant is applying in the Long Term Staff subcategory,
(2) the Certificate of Sponsorship Checking Service entry records that the applicant’s gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) to be paid by the Sponsor is less than £120,000, and
(3) Paragraph (iv) below does not apply,
(iii) 9 years, if:
(1) the applicant is applying in the Long Term Staff subcategory,
(2) the Certificate of Sponsorship Checking Service entry records that the applicant’s gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) to be paid by the Sponsor is £120,000 or higher, and
(3) Paragraph (iv) below does not apply,
or
(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
(3) has not been granted entry clearance in this or any other route since the grant of leave referred to in (2) above.

(c) In addition to the period in (a), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking Service records as the start date of employment in the UK, provided this is not a negative value.
(d) Leave to remain will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326, and
(iii) no employment except:
(1) working for the sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in paragraph 323AA,
(2) supplementary employment, and
(3) voluntary work.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

chipromos14
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Posts: 7
Joined: Thu Jul 05, 2018 4:52 pm
Nigeria

Re: TIER 2 ICT Granted Oct 2010 - Can I extend again?

Post by chipromos14 » Thu Jul 05, 2018 5:26 pm

Thank you CRO. That is very clear!

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