ILR for Tier 2 ICT

[vmtier1aspirant]

Hi,

Start by thanking all who read my post and respond to my queries.

1. I came to UK in 2011 on a Tier 2 (ICT; Established Staff) visa. The visa start date mentioned on the visa was 13-Apr-2011 but as my visa was of the Established Staff category, my understanding is that it was issued under the rules prior to 6-Apr-2011. Is this correct understanding?
2. Is there a way to actually find out when was my original visa application made and accepted?
3. Since then, my visa was extended in March 2014 and the new category assigned was Tier 2 (ICT Long Term Staff). I assume this was done because the Established Staff category was not longer valid. Is this assumption correct?
4. I now have an offer from a different employer who is ready to give me a new CoS and therefore allow me to switch to Tier 2 (General). Is this something I can go for?
5. If i do go for Tier 2 (General), what impact does it have on my chances for getting permanent leave to remain at the end of 10 years of residency in 2021?

Thanks for taking time to respond.

Regards,
V

[poper]

Hi,

Start by thanking all who read my post and respond to my queries.

1. I came to UK in 2011 on a Tier 2 (ICT; Established Staff) visa. The visa start date mentioned on the visa was 13-Apr-2011 but as my visa was of the Established Staff category, my understanding is that it was issued under the rules prior to 6-Apr-2011. Is this correct understanding?
   Appears so as you have been granted leave beyond 5 years
2. Is there a way to actually find out when was my original visa application made and accepted?
   Your application fee payment should've been done before 6th April 2011
3. Since then, my visa was extended in March 2014 and the new category assigned was Tier 2 (ICT Long Term Staff). I assume this was done because the Established Staff category was not longer valid. Is this assumption correct?
   Yes
4. I now have an offer from a different employer who is ready to give me a new CoS and therefore allow me to switch to Tier 2 (General). Is this something I can go for?
   Looks good but need a confirmation on visa fee payment date
5. If i do go for Tier 2 (General), what impact does it have on my chances for getting permanent leave to remain at the end of 10 years of residency in 2021?

No impact

Thanks for taking time to respond.

Regards,
V

[vmtier1aspirant]

Hi,

Start by thanking all who read my post and respond to my queries.

1. I came to UK in 2011 on a Tier 2 (ICT; Established Staff) visa. The visa start date mentioned on the visa was 13-Apr-2011 but as my visa was of the Established Staff category, my understanding is that it was issued under the rules prior to 6-Apr-2011. Is this correct understanding?
   Appears so as you have been granted leave beyond 5 years
2. Is there a way to actually find out when was my original visa application made and accepted?
   Your application fee payment should've been done before 6th April 2011
3. Since then, my visa was extended in March 2014 and the new category assigned was Tier 2 (ICT Long Term Staff). I assume this was done because the Established Staff category was not longer valid. Is this assumption correct?
   Yes
4. I now have an offer from a different employer who is ready to give me a new CoS and therefore allow me to switch to Tier 2 (General). Is this something I can go for?
   Looks good but need a confirmation on visa fee payment date
5. If i do go for Tier 2 (General), what impact does it have on my chances for getting permanent leave to remain at the end of 10 years of residency in 2021?

No impact

Thanks for taking time to respond.

Regards,
V

Hi poper,

Thanks for the response.

While I do not have the actual date of payment of the fees, I can confirm that my visa appointment date was on 31-Mar-2011 and the application was sent to the authorities on the same day. Given that the application could not have gone without the payment, this means that the payment was done before 6-Apr-2011. However, is there any way to find out the actual payment date?

The fact that my last renewal showed the Long Term Staff category won't have any impact on my ability to switch to General because my original leave was granted under "Established Staff". Is that the correct understanding?

Last but not the least, when you say that there will be no impact on my ILR/PR due to long-term residency, does it mean that I will still be able to stay till 2021 (assuming my General Visa is for that long) and will be able to apply for PR for self and dependants in 2021?

Regards,
V

[poper]

Hi,

Start by thanking all who read my post and respond to my queries.

1. I came to UK in 2011 on a Tier 2 (ICT; Established Staff) visa. The visa start date mentioned on the visa was 13-Apr-2011 but as my visa was of the Established Staff category, my understanding is that it was issued under the rules prior to 6-Apr-2011. Is this correct understanding?
   Appears so as you have been granted leave beyond 5 years
2. Is there a way to actually find out when was my original visa application made and accepted?
   Your application fee payment should've been done before 6th April 2011
3. Since then, my visa was extended in March 2014 and the new category assigned was Tier 2 (ICT Long Term Staff). I assume this was done because the Established Staff category was not longer valid. Is this assumption correct?
   Yes
4. I now have an offer from a different employer who is ready to give me a new CoS and therefore allow me to switch to Tier 2 (General). Is this something I can go for?
   Looks good but need a confirmation on visa fee payment date
5. If i do go for Tier 2 (General), what impact does it have on my chances for getting permanent leave to remain at the end of 10 years of residency in 2021?

No impact

Thanks for taking time to respond.

Regards,
V

Hi poper,

Thanks for the response.

While I do not have the actual date of payment of the fees, I can confirm that my visa appointment date was on 31-Mar-2011 and the application was sent to the authorities on the same day. Given that the application could not have gone without the payment, this means that the payment was done before 6-Apr-2011. However, is there any way to find out the actual payment date?
Yes, agree. You may raise a SAR
https://www.gov.uk/government/publicati ... mmigration

The fact that my last renewal showed the Long Term Staff category won't have any impact on my ability to switch to General because my original leave was granted under "Established Staff". Is that the correct understanding?
Yes

Last but not the least, when you say that there will be no impact on my ILR/PR due to long-term residency, does it mean that I will still be able to stay till 2021 (assuming my General Visa is for that long) and will be able to apply for PR for self and dependants in 2021?
Yes, no impact due to switching visas on your ILR
Your dependents will need to qualify based on their own merits.

Regards,
V

[vmtier1aspirant]

Hi poper,

Thanks for sharing details of SAR; I had no idea we could get these details.

When you say that my dependants will need to qualify on their own merit, what exactly do you mean? My wife and kids came with me in 2011 though their visa application was made after mine. What impact does my switching have on their PR/ILR?

Regards,
V

[poper]

Hi poper,

Thanks for sharing details of SAR; I had no idea we could get these details.

When you say that my dependants will need to qualify on their own merit, what exactly do you mean? My wife and kids came with me in 2011 though their visa application was made after mine. What impact does my switching have on their PR/ILR?

If your dependents have been with you since 2011 then it should be fine.
For ILR under Long Residence you cannot include your dependents in your application(like ILR under PBS route). My understanding is they will need to file a separate application and satisfy LR conditions. I am not an expert in this area. Suggest you search for threads under ILR sub-forum or raise a new thread under it

Regards,
V

[vmtier1aspirant]

Hi,

On my original questions, while my Tier 2 ICT visa was issued under the "Established Staff" category (and hence, must have been processed before 6-Apr-2011), my dependants applications was filed separately after 6-Apr-2011 and they got a visa under Tier 2 ICT Long-Term Staff Dependants category.

Would this have any impact on my ability to switch to Tier 2 General while in the UK and will my dependant's visa switch to being dependants in the same category on it's own?

Regards,
V

[poper]

Hi,

On my original questions, while my Tier 2 ICT visa was issued under the "Established Staff" category (and hence, must have been processed before 6-Apr-2011), my dependants applications was filed separately after 6-Apr-2011 and they got a visa under Tier 2 ICT Long-Term Staff Dependants category.

Would this have any impact on my ability to switch to Tier 2 General while in the UK and will my dependant's visa switch to being dependants in the same category on it's own?
No impact

Regards,
V

[vmtier1aspirant]

Hi poper,

Thanks for taking the time to respond.

You have been a great help.

Regards,
V

[vmtier1aspirant]

Hello Everyone,

Came across this topic which has got me thinking. I will provide my immigration history and it wwill be great if experts can provide their view to me on ILR:

1. First Entry Clearance - Granted as "Visa Work Permit" in Mar 2007 and valid till Dec 2008 - I entered the country first in Apr 2007 and then came back with family in Nov 2007.
2. Extension of above entry clearance - Granted and valid till 31-Dec-2010 - We left the country in Nov 2009.
3. New entry clearance - Applied in Mar 2011 - "Tier 2 ICT Established Staff" visa granted as per rules in place before 6-Apr-2011 with validity till Mar 2014
4. Entered the country alone in May 2011 and then came back with Family in Jun 2011.
5. Extension of visa applied for in Mar 2014 and granted with validity till Mar 2017.
6. Extension applied again in Jan 2017 and granted with validity till Mar 2020

All of the above (Work Permit as well as Tier 2 ICT) have been with the same employer.

Between my first stint from 22007 to 2009 and my second stint starting mid-2011, I was in my home country for those 19-20 months.

Given the above history and some of the threads on this topic which had a similar path, am I eligible to apply for ILR now or the only way is to apply for it under the 10-yrs route?

Regards,
V

[mspr335]

my dear friend , your case is almost similar to me except that I extended my stay in 2009 and you have applied for entry clearance in 2008 . can you please check the exact dates for the dec-2010 and the one you applied in March 2011 . it should have been applied before 28 days of your visa expiry.

[vmtier1aspirant]

my dear friend , your case is almost similar to me except that I extended my stay in 2009 and you have applied for entry clearance in 2008 . from the dates you have given it seems you have continuous visa since 207 . you can apply for ILR since you have been continuously in UK since may 2011 .

Hi mspr335,

In 2008, it was not a new entry clearance; it was just an extension of the visa granted in 2007.

My worry was that my Tier 2 ICT Established Staff was applied for after the expiry of my original Work Permit and the fact that I had been out of UK for almost 19-20 months between Nov 2009 to May 2011.

Regards,
V

[mspr335]

I'm sorry for my earlier post as I didn't notice there was nearly 3 months gap.this makes it bit tricky

[vmtier1aspirant]

Hello Everyone,

(I think I need to rephrase some of the points below as on reading it again, I think i am probably not giving the right picture; Hence, this post again with more clarity hopefully)

Came across this topic which has got me thinking. I will provide my immigration history and it wwill be great if experts can provide their view to me on ILR:

1. First Entry Clearance - Granted as "Visa Work Permit" in Mar 2007 and valid till Dec 2008 - I entered the country first in Apr 2007 on my own and returned to my home country in a couple of months time. I then entered UK back (this time with family) in Nov 2007.
2. Extension of above entry clearance while staying in UK - Granted and valid till 31-Dec-2010.
3. We left UK in Nov 2009 and returned back to home country.
4. New entry clearance applied from home country - Applied in Mar 2011 - "Tier 2 ICT Established Staff" visa granted as per rules in place before 6-Apr-2011 with validity till Mar 2014
5. Entered the country alone in May 2011 for just a week and returned back to Home Country
6. Entered UK with Family in Jun 2011.
7. In-country Extension of visa applied for in Mar 2014 and granted with validity till Mar 2017.
8. In-country Extension applied again in Jan 2017 and granted with validity till Mar 2020

All of the above (Work Permit as well as Tier 2 ICT) have been with the same employer.

Between my first stint from 2007 to 2009 and my second stint starting mid-2011, I was in my home country for those 19-20 months.

Given the above history and some of the threads on this topic which had a similar path, am I eligible to apply for ILR now or the only way is to apply for it under the 10-yrs route?

Regards,
V

[vmtier1aspirant]

Hi,

I updated my question to provide more clarity and looks like I have put everyone off from answering .

Experts, please help.

Regards,
V

[poper]

3. We left UK in Nov 2009 and returned back to home country.
4. New entry clearance applied from home country - Applied in Mar 2011 - "Tier 2 ICT Established Staff" visa granted as per rules in place before 6-Apr-2011 with validity till Mar 2014

On point 4, did you apply for entry clearance after your previous leave expired? If yes, your previous leave may not get counted

[vmtier1aspirant]

HI poper,

Thanks for replying.

The Tier 2 ICt in 2011 was a fresh application as my previous Work permitvstyle visa had expired end of dec 2010.

I was looking at some of the other cases and there were people who had similar situations and one of them even had 550 days gal between their two stints.

Is there any hope of ILr at all?

Regards,
V

[CR001]

HI poper,

Thanks for replying.

The Tier 2 ICt in 2011 was a fresh application as my previous Work permitvstyle visa had expired end of dec 2010.

I was looking at some of the other cases and there were people who had similar situations and one of them even had 550 days gal between their two stints.

Is there any hope of ILr at all?

Regards,
V

Unlikely as you applied for a new visa more than 28 days after the previous visa expired and for long residence ILR, you have exceeded the 180 days single absence too.

Your choice if you want to try and give it a go but you will lose your application fee if it is refused.