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Can I apply for T2 ICT long term staff category now?

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

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querya
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Joined: Tue Oct 16, 2012 8:27 pm

Can I apply for T2 ICT long term staff category now?

Post by querya » Thu Feb 14, 2013 5:43 am

Hi,
I have a question regarding the Entry clearance requirement for Tier-2 ICT Long term staff. Here is my situation:
1. I had a valid tier-2 ICT long term staff visa with my previous employer and I was in UK since May2010 till Oct 2012. I had entered UK with entry clearance valid from 03 May 2010 till 31 May 2011. Then I applied for leave to remain within UK two times for one year each. My last leave to remain was valid from 17th May 2012 till 15 Apr 2013.

As per the following rules from paragraph 245G

245GB. Requirements for entry clearance
To qualify for entry clearance as a Tier 2 (Intra-Company Transfer) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. if the applicant does not meet these requirements, the application will be refused.
Requirements:
(d) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless paragraph (e) below applies.
(e) Paragraph (d) above does not apply to an applicant who:
(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this; or
(ii) is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011.


Now, I have the questions on these criteria
1. According to paragraph (e), can I apply for tier-2 ICT long term staff sub-category with another sponsor with fulfilling the requirement of point (ii) where it mentions applicant who last had the leave to remain under the rules in place before 6 April 2011?
2. Do I fall under the group of applicants who last had the leave to remain under the rules in place before 6 April 2011 as I have applied for my first leave to remain application for tier-2 ICT long term staff sub-category before 6 April 2011 and got that for 1 year and then again applied for the same in April 2012?

Thanks for your time in reading this case. An early response will be highly appreciated.

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