ILR Work Permit-> Tier 1-> Tier 2 ICT Established Staf

[manyahar]

History of my visa and past stay in UK

-work Permit received with validity from May 2008 till May 2010
-moved to UK in May 2008
-worked on Work Permit with Company X from May 2008 to April 2009
-applied for Tier 1 in UK in 2009 and received with Validity from April 2009 till April 2012
-worked on Tier 1 with same company X (valid till Apr 2012) April 2009 to May 2010
-moved back to India and worked for same company ( India branch) as I worked in UK from May 2010
-personal Travel to UK on Tier 1 Visa May 2010 to July 2010.
- moved to India and work for same Company X in india ( India branch) as I worked in UK from Sep 2010 till Dec 2010 ( 96 Days).
-applied for Tier 2 ICT Established Staff and moved to UK in Dec 2010 on with Validity till Dec 2012
- applying for Tier 2 ICT Established Staff again now as current Tier 2 ICT Established Staff is getting expire

Question: whether i will be eligible for ILR in May 2012?

[geriatrix]

No.

You are not eligible for settlement as a Tier 2 (ICT) migrant because you changed from Tier 1 (General) to Tier 2 (ICT) after 06-Apr-10.

[manyahar]

No.

You are not eligible for settlement as a Tier 2 (ICT) migrant because you changed from Tier 1 (General) to Tier 2 (ICT) after 06-Apr-10.

Thanks for your reply

As per below website, i understand that one need to meet either of two criteria. Have you seen any such case when it got rejected when person changed from Tier 1 to ICT after 6th Apr 2010

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

The 5-year continuous period must include time spent as:

a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.

[geriatrix]

Read 245GF(c) and 245GF(d).

245GF(c) does not include time spent in the UK as a Tier 1 migrant.

[manyahar]

Read 245GF(c) and 245GF(d).

245GF(c) does not include time spent in the UK as a Tier 1 migrant.

Is it worth check with Embassy. Have you seen any such rejection in past.

Also under 245GD, it has mentioned something about 'a Tier 2 (Intra-Company Transfer) Migrant in the established Staff sub-category under the Rules in place before 6 April 2011'

[geriatrix]

Are you applying for indefinite leave to remain or (limited) leave to remain? If the former, why are you referring to immigration rules relevant only for the latter?

Facts:
1. Times pent in UK as Tier 1 migrant does not count towards qualifying residential period for settlement as a Tier 2 (ICT) migrant (245GF(c)).
2. Migrants who applied for Tier 2 (ICT) on or after 06-Apr-10 do not qualify for settlement (245GF(d)).

Feel free to contact the embassy / UKBA / an immigration lawyer.

[manyahar]

Are you applying for indefinite leave to remain or (limited) leave to remain? If the former, why are you referring to immigration rules relevant only for the latter?

Facts:
1. Times pent in UK as Tier 1 migrant does not count towards qualifying residential period for settlement as a Tier 2 (ICT) migrant (245GF(c)).
2. Migrants who applied for Tier 2 (ICT) on or after 06-Apr-10 do not qualify for settlement (245GF(d)).

Feel free to contact the embassy / UKBA / an immigration lawyer.

Thanks for all your support. Can you please suggest what is the best way to contact embassy / UKBA to get this confirmation on this.

[wpilr_nov12]

The best ways to contact UKBA is on the UKBA website itself.

Embassy: which / where?

As a sidenote, 'dramatic irony' comes to mind.