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ICT Tier 2 (Short+Long) - more than 5 years - eligible for settlement?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ssengupta1984
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ICT Tier 2 (Short+Long) - more than 5 years - eligible for settlement?

Post by ssengupta1984 » Thu Sep 06, 2018 12:48 pm

Hi

I came to UK on a ICT Tier 2 (Short Term) in May 2013, left UK in June 2014 and came back in July 2014 with an ICT TIer 2 (Long Term), thus a 1-2 month gap.
My total duration in UK since May 2013 is 5 and half years. I have not been out of UK for more than 180 days during these 5 and half years.

Am I eligible to apply for 'Settlement in UK'?

The Home office website provides the below guidance on my case:

You can apply if:

you have a Tier 2 (Intra-Company Transfer) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice
To qualify, you must have had at least one of these visas in the 5 years:

Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer
You can have had any combination of these visas during the 5 years:

Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business


Please let me know.

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CR001
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Re: ICT Tier 2 (Short+Long) - more than 5 years - eligible for settlement?

Post by CR001 » Thu Sep 06, 2018 1:16 pm

Am I eligible to apply for 'Settlement in UK'?
No you do not. ICT visas issued after 6th April 2010 no longer lead to ILR.

What is the link that you have quoted the detail from as there appears to be some missing detail you have not copied and pasted??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ssengupta1984
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Posts: 2
Joined: Thu Sep 06, 2018 12:37 pm
India

Re: ICT Tier 2 (Short+Long) - more than 5 years - eligible for settlement?

Post by ssengupta1984 » Thu Sep 06, 2018 1:21 pm

Hi

This is from Gov.UK

https://www.gov.uk/settle-in-the-uk/y/y ... nsfer-visa

Can you please let me know which of the criteria does not fit in terms of eligibility? Thank you.

The full page details are below:

You can apply if you have a Tier 2 (Intra-Company Transfer) visa
Check if you meet the requirements for settlement (‘indefinite leave to remain’).

Eligibility
You can apply if:

you have a Tier 2 (Intra-Company Transfer) visa
you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’)
your employer (sponsor) still needs you for your job
you get paid the relevant salary listed in the Codes of Practice
To qualify, you must have had at least one of these visas in the 5 years:

Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer
You can have had any combination of these visas during the 5 years:

Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business
If you’re 18 to 64 years old when you apply, you must also:

pass the Life in the UK Test
meet the English language requirements
When your application can be refused
Your application might be refused if, for example, you’ve:

got a criminal record in the UK or another country
provided false or incomplete information to the Home Office
broken UK immigration law
Read the guidance on why applications can be refused.

How to apply
You can apply online.

You can apply with form SET(O) instead. Send it to the address on the form or take it to a premium service centre. Check the form to find out which supporting documents you need.

After you submit your application you’ll be asked to provide your fingerprints and a digital photo (called ‘biometric information’).

Get help using a computer to apply online
You can get help with:

accessing a computer or the internet
finding the right information on GOV.UK
You cannot get advice on:

whether you’re eligible to apply
what information to put in your application
an application you’ve already made
Telephone: 03333 445 675
Monday to Friday, 9am to 5pm
Find out about call charges
Text: ‘VISA’ to 07537 416 944
visa@we-are-digital.co.uk

Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible.

Eligibility for partners
Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
your relationship is genuine
you intend to carry on living together
you have enough income to support both of you and your dependants
you’re not using public funds
They must:

pass the Life in the UK Test
meet the English language requirements
Eligibility for children
Your child can apply if they:

were previously given permission to stay in the UK as your child
are not married or in a civil partnership
will live with you and be supported by you without using public funds
You and your child’s other parent must both be settled in the UK legally, or currently applying to settle, for the child to be allowed to settle.

Your child can also apply to settle in one of the following situations:

you’re the child’s sole surviving parent
you have sole responsibility for the child’s upbringing
there are serious or compelling family or other considerations, for example you (if you’re settled in the UK) or your child has a serious illness
If your child is 16 or older when you apply you’ll need to provide proof of where they live. Send 2 documents from this list:

bank statement
credit card bill
driving licence
NHS registration document
a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation
The documents you send cannot be more than a month old on the date you make your application.

You need to give details of any payments your child makes for rent or upkeep per month.

You must explain why if your child does not live with you and your partner. If it’s because they’re studying, you must send confirmation from the university or college on headed paper and issued by an authorised official.

You’ll also need to show that you’ve supported your child while they’re away by providing bank statements for you and your child covering the 3 months before the date you apply.

If they’re over 18 by the time you apply, they must:

pass the Life in the UK Test
meet the English language requirements
They must either:

apply online
download and fill in a separate SET(O) form
Fees
Who’s applying Apply by post Apply in person (premium service)
You £2,389 £2,999
All dependants £2,389 per person £2,999 per person
How long it takes
You’ll be told whether your application has been successful within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified
if you need to attend an interview
because of your personal circumstances, for example if you have a criminal conviction
Related content
Settlement: refugee or humanitarian protection
Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M)
Settle in the UK in various immigration categories: form SET(O)
Explore the topic
Settle in the UK

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CR001
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Re: ICT Tier 2 (Short+Long) - more than 5 years - eligible for settlement?

Post by CR001 » Thu Sep 06, 2018 1:23 pm

To qualify, you must have had at least one of these visas in the 5 years:

Tier 2 (Intra-Company Transfer) issued under the Immigration Rules in place before 6 April 2010
Work Permit for an intra-company transfer
You can have had any combination of these visas during the 5 years:

Tier 2 (Intra-Company Transfer)
Work Permit in the business and commercial category or the sports and entertainment category
Representative of an Overseas Business
You don't qualify as you fail this bit which explains how to qualify.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: ICT Tier 2 (Short+Long) - more than 5 years - eligible for settlement?

Post by zimba » Thu Sep 06, 2018 3:04 pm

ICT route is in place to enable companies to move their staff to the UK when required.
It is in a sense not a migration path to the UK and settlement here :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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