Tier 2 ICT Established Staff

[charan1093]

Hi There,

My initial UK visa category was “Tier 2 ICT Established Staff” which was effective from 13/05/2010 & since then I am with the same employer and on the same Visa & have been extending my VISA from within the UK. Now, I am currently on a valid “Tier 2 ICT Long Term live to remain” Visa till June 2019.

I have got the following queries and need your kind advise:

1) My certificate of sponsorship was issued on 16/04/2018, however I have applied for UK visa in my company portal before 6th April 2010. Can I apply for ILR now? Or ILR term will be calculated based on the date on the Visa i.e. 13/05/2010?
2) Due to some personal reason I went to India in Dec 2011 and came back to UK May 2013 but on same visa. During this time I have worked for same employer and same client.
3) if first answer is "No", then can I apply for ILR after or on May 2020?
4) Or would it be May 2023 because I have had a discontinued period from Dec 2011 to May 2013? And I entered UK on same visa May 2013.
5) Can I switch to Tier 2 General VISA from within the UK if other company sponsors me, as my initial VISA category was “Tier 2 ICT Established Staff” under the immigration rules in place before April 2011.

Many thanks in advance for your response.

Regards,
Charanjeet

[CR001]

I have applied for UK visa in my company portal before 6th April 2010

What do you mean by Company portal??? What date exactly did you apply to UKBA for your visa?

2. You need to post EXACT dates you were out of the UK? Was it more than 180 days??

[charan1093]

Hi,

First and foremost, thanks for your swift reply, really appreciate that. Sorry, I should be more informative on my case. Pls find my inline comments on your query.

What do you mean by Company portal??? What date exactly did you apply to UKBA for your visa?
CJ--> As I work for service provider company, so they ask us to raise Visa request in portal which will then go through many process internally.
I am not sure when company applied to UKBA very first time in 2010. However my "current certificate status date: 16 April 2010" and work dates start: 15 May 2010 and end date: 17 May 2011 which was issued very first time to me.

2. You need to post EXACT dates you were out of the UK? Was it more than 180 days??
CJ--> Exact dates are below:
First Entry to UK: 23 May 2010
First Left UK: 4 December 2011

Second Entry to UK: 6 May 2013 and then since I am here and my visa is keep on renewing.

Note: First exit to UK and second entry to UK is having same visa. So in nutshell my visa never changed I am on same visa.

Thanks in anticipation.

Regards,
Charanjeet

[CR001]

What do you mean by Company portal??? What date exactly did you apply to UKBA for your visa?
CJ--> As I work for service provider company, so they ask us to raise Visa request in portal which will then go through many process internally.
I am not sure when company applied to UKBA very first time in 2010. However my "current certificate status date: 16 April 2010" and work dates start: 15 May 2010 and end date: 17 May 2011 which was issued very first time to me.

Your company portal process is irrelevant and has nothing to do with your visa application. Surely you know when you applied and complete the visa form and paid and then booked your appointment to submit your visa documents?? Unlikely you would have been able to apply before the start date on your CoS anyway, so you miss the 'before 6th April 2010' criteria for ILR.

2. You need to post EXACT dates you were out of the UK? Was it more than 180 days??
CJ--> Exact dates are below:
First Entry to UK: 23 May 2010
First Left UK: 4 December 2011

Second Entry to UK: 6 May 2013 and then since I am here and my visa is keep on renewing.

Note: First exit to UK and second entry to UK is having same visa. So in nutshell my visa never changed I am on same visa.

You won't qualify for ILR based on long residence in 2020 as your continuity of residence is broken. It reset to zero in 2013 when you returned to the UK.

Not sure you will be able to extend your visa to reach 10 years long residence in 2023 as ICT is now capped at 9 years.

https://www.gov.uk/tier-2-intracompany- ... orker-visa

How long you can stay

You can come to the UK with a Tier 2 (Intra-company Transfer) visa for up to the maximum stay allowed for your visa type, or the time given on your certificate of sponsorship, whichever is shorter.

The maximum stay for each type of Tier 2 (Intra-company Transfer) visa is:

Long-term Staff (if you earn more than £120,000 a year): 9 years
Long-term Staff (if you earn less than £120,000 a year): 5 years, 1 month
Graduate Trainee: 12 months

[charan1093]

thanks a ton for all your prompt answers, really appreciate.

what about below, can I do that?

Can I switch to Tier 2 General VISA from within the UK if other company sponsors me, as my initial VISA category was “Tier 2 ICT Established Staff” under the immigration rules in place before April 2011.

Many thanks in advance for your response.

Regards,
Charanjeet

[CR001]

Can I switch to Tier 2 General VISA from within the UK if other company sponsors me, as my initial VISA category was “Tier 2 ICT Established Staff” under the immigration rules in place before April 2011.

Likely possible with another sponsor.

See Immigration rules Part 6a 245HD (c) (i)

245HD. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion Migrant or Tier 2 (Sportsperson) Migrant under this rule, an applicant must meet the requirements listed below. if the applicant meets these requirements, leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) the applicant must:
(i) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Representative of an Overseas Business
(4) a Tier 5 (Temporary Worker) Migrant, or
(5) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant,
or
(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 4 Migrant and, in respect of such leave, is or was last sponsored by:
(1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department for the Economy in Northern Ireland, the Office for Students, the Higher Education Funding Council for Wales, the Scottish Funding Council or any other provider registered with the Office for Students; or
(2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:
(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

[charan1093]

Hi There,

Many thanks for your response again, but I have further questions on point which you had raised.

Not sure you will be able to extend your visa to reach 10 years long residence in 2023 as ICT is now capped at 9 years.
CJ--> As far as I am aware, I can renew my visa as many years as I wanted to and these 9 years cap is for new visa?

As I came in 23 May 2010 and established staff's can at least go for renewal for 10 years so in that case I should be able to renew till May 2020 isn't it?

Many thanks in advance for your response.

Regards,
Charanjeet

[CR001]

Appears correct re no limit on extensions - immigration rules part 6a 245GE(b)(iv)

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

(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.

[charan1093]

Hi,

Again thanks for your link it was very useful

In that letter I can see below and I went back (4th Dec 2011 till 6th May 2013) India due to my mother health wasn't great during that period. So that would do for me applying ILR in 2020 considering I provide all the evidences or medical certificate?

"B. A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave. Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK."

Thanks in anticipation.

[CR001]

If you are planning to apply for ILR based on long residence, then the requirements are different to what the PBS route ILR requirements are.

You need to look at the SET(LR) form and guidance to understand the limited documentation needed. You won't need an employer letter but for long residence ILR, any single absence of 180 days or more means you are not eligible and no absence of 540 days in the whole 10 years either.

[charan1093]

Hi There,

Would that 540 days also includes annual leave (3 or 4 weeks) taken and went to other country (in my case India)?

Regards,
CJ

[CR001]

Hi There,

Would that 540 days also includes annual leave (3 or 4 weeks) taken and went to other country (in my case India)?

Regards,
CJ

Yes, the 540 days max absence and the 180 days single absence is ALL absences.

[charan1093]

Hi There,

Sorry to bother you with same repetitive query, in earlier response (which was Tue Sep 11, 2018 10:56 pm)you said I can apply for Tier 2 General, and the reference was 245HD(c)(I) which is a requirement for "Requirements for leave to remain" not to switch Tier 2 General from established staff category (i.e. Visa issued on 23rd May 2010). Pls accept my apology if I misunderstood.

The reason for asking because I am not getting proper document where it says I can apply to Tier 2 general within the UK if I get other sponsor?

thanks in anticipation.

[CR001]

Hi There,

Sorry to bother you with same repetitive query, in earlier response (which was Tue Sep 11, 2018 10:56 pm)you said I can apply for Tier 2 General, and the reference was 245HD(c)(I) which is a requirement for "Requirements for leave to remain" not to switch Tier 2 General from established staff category (i.e. Visa issued on 23rd May 2010). Pls accept my apology if I misunderstood.

The reason for asking because I am not getting proper document where it says I can apply to Tier 2 general within the UK if I get other sponsor?

thanks in anticipation.

What I quoted on 11 September is the IMMIGRATION RULES, what more are you looking for???

If you switch to Tier 2 General, you ARE applying for LEAVE TO REMAIN!!

[charan1093]

Thanks for your prompt response. The reason for that query because the company which is trying to sponsor me said they cant do Tier2 general for me as I am not eligible (probably they wouldn't had checked properly with their internal immigration board). However, I have showed them that point but they said it for ILR but now I got the your point, leave to remain is Tier2 general

Also one more query, hope my absence for more than 540 (this includes 519 continuous + 3-4 annual leaves every year from 2013 ) days doesn't impact my eligibility to apply Tier2 general as my visa category never changed?

[charan1093]

Hi There,

I am looking into Tier 2 General Visa rules applying with in the country in this link https://www.gov.uk/tier-2-general/switch-to-this-visa where it says:

"Switch to this visa
You can apply to change (‘switch’) from another visa to a Tier 2 (General) visa.
Eligibility
You must already be in the UK under any of the following visas or schemes:
•Tier 1 visa
•Tier 2 (Sportsperson) visa
•Tier 2 (Minister of religion) visa
•Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
•Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD

You can also switch to a Tier 2 (General) visa if you’re:
•a dependent partner of someone with a Tier 4 visa
•a representative of an overseas business

You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.



I am bit confused here, it's say's I can apply with in UK if I am before April 2010 rule but my Visa was issue 23rd May 2010 under established staff. Does this mean I can't apply for Tier2 general from Tier 2 Established staff If I am in UK?

Many thanks in advance.

[poper]

The page you are referring to are just the guidelines.
Refer to Part 6A immigration rules, section 245HD.(c).(i)

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