Does previous time spent on ICT lead to IDL ?

[stevee_b]

Hi There

I was hoping someone might be able to assist with my query. I’ve reviewed the gov.uk website on numerous occasions and have read up on all different rules, but I’m still stuck.

I currently reside in the UK on a tier 2 General Visa. My path to the general Visa was as per below:

- Jan 2015 to September 2018: Tier 2 ICT Visa
- September 2018 to October 2019: Spousal Visa
- October 2019 to now: Tier 2 General Visa

So in summary I’ve been in the UK for over 5 years and have not left the UK for more than 180 day etc etc. But I have spent circa 3years and 9 months of my 5 years on an ICT visa (granted after 2010).

Question - do I qualify to apply for IDL ?

I appreciate that if I was currently still on the ICT visa then the time spent does not count toward the 5 year rule and IDL would be off the table, but now that I’m on the Tier 2 General VIsa, does this change?

The wording on the gov.uk is confusing me. Bullet point 1 does not apply to me, so bullet point 2 below is what I’m trying to understand ? Wording as follows:

The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:

- the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010

- the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer


If anyone has any idea as to what the second bullet point means, that would be great to understand !

Thanks !
Steve

[CR001]

Question - do I qualify to apply for IDL ?

Presumably you mean ILR. The answer is no, you don't qualify.

I appreciate that if I was currently still on the ICT visa then the time spent does not count toward the 5 year rule and IDL would be off the table, but now that I’m on the Tier 2 General VIsa, does this change?

No.

The wording on the gov.uk is confusing me. Bullet point 1 does not apply to me, so bullet point 2 below is what I’m trying to understand ? Wording as follows:

The 5 years can include time in the UK on a Tier 2 (Intra-Company Transfer) visa if one of the following applies:

- the continuous residence includes a period of leave granted under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2010

- the continuous residence includes time where you had a work permit granted because you were the subject of an Intra-Company Transfer

If anyone has any idea as to what the second bullet point means, that would be great to understand !

The second bullet points refers to the old style work permits which were discontinued in 2008 when the point based system visa came into place.

You need 5 years on tier 2 general for ilr and your ICT and spouse visa time doesn't count towards the 5 years OR you need 10 years of legal stay for ilr based on 10 years long residence and you meet all the standard requirements.