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ILR Work Permit-> Tier 1-> Tier 2 ICT Established Staf
Posted: Mon Nov 26, 2012 2:49 pm
by 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?
Posted: Mon Nov 26, 2012 4:58 pm
by 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.
Posted: Mon Nov 26, 2012 5:31 pm
by manyahar
sushdmehta wrote: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.
Posted: Mon Nov 26, 2012 5:50 pm
by geriatrix
Read
245GF(c) and
245GF(d).
245GF(c) does not include time spent in the UK as a Tier 1 migrant.
Posted: Mon Nov 26, 2012 5:55 pm
by manyahar
sushdmehta wrote: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'
Posted: Mon Nov 26, 2012 6:17 pm
by 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.
Posted: Tue Nov 27, 2012 1:01 pm
by manyahar
sushdmehta wrote: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.
Posted: Tue Nov 27, 2012 1:52 pm
by 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.