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ILR - first ICT now ICT General

Posted: Tue Apr 16, 2013 9:45 am
by KKumar
Hi,

I have moved this post to this forum on guidance of Pqek. I am not sure how to remove first post available at http://www.immigrationboards.com/viewto ... highlight=

I am posting this request behalf of my friend. Please guide us for same.

I have got a query regarding my ILR which is due in July 2013. I first came to UK in July 2008 and was working on a Tier 2 Intra Company Transfer (ICT) visa until Aug 2011. My contract with the company finished in August 2011. In the mean time I got an offer from another company who provided me the sponsorship and I went back to India to apply for a new visa. I got my new visa in Sept 2011 and I came back to UK again in sept 2011 on Tier 2 General Migrant visa. I am currently working with the same company who sponsored my visa in 2011.



I will complete 5 years in UK in July 2013 and would like to know if I am eligible for ILR. Due to shift in my visa from Tier 2 ICT to Tier 2 General I am not very sure if I can apply for ILR this year.



Please can someone advice.

Posted: Tue Apr 16, 2013 9:35 pm
by cs95tdg
The immigration rules that would be applicable to you are under:
245HF. Requirements for indefinite leave to remain
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

The fact that you had LTR as both a T2 ICT Migrant (rules before 6th april 2010) & a T2G Migrant will not be a problem for your ILR application in its own right. See 245HF(c)ix & x.

Additionally do read the continuous residence guidance to make sure you have not broken continuous residence at any point in time. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Posted: Fri May 17, 2013 4:29 pm
by KKumar
I am here providing more detail. can some body provide me expert advice please.

Case History:

I first came to UK on July 2008 on Tier 2 work permit.

I was moved to Tier 2 (ICT) in Aug 2010 as all Tier 2 work permit holders were moved to ICT. My contract finished with the company in August 2011 and I resigned from company in Aug 2011. On the expiry date of visa Aug 2011 I went back to India i.e. the last day of my visa. I was offered another job from a UK based company and they sponsored me. I applied for a new visa within two weeks of my return to India and I was issued a new visa Tier 2 (General) on September 2011. I came back to UK on Tier 2 General visa on September which is 35 days after I left UK on in Aug 2011. Currently I am working for the same employer who sponsored me and my visa is till October 2014. I will complete 5 years in UK 3 rd week of July 2013 and I want to apply for ILR. Could you advice if I will get my ILR under these conditions.

Posted: Fri May 17, 2013 9:50 pm
by Kevin24
KKumar wrote:I am here providing more detail. can some body provide me expert advice please.

Case History:

I first came to UK on July 2008 on Tier 2 work permit.

I was moved to Tier 2 (ICT) in Aug 2010 as all Tier 2 work permit holders were moved to ICT. My contract finished with the company in August 2011 and I resigned from company in Aug 2011. On the expiry date of visa Aug 2011 I went back to India i.e. the last day of my visa. I was offered another job from a UK based company and they sponsored me. I applied for a new visa within two weeks of my return to India and I was issued a new visa Tier 2 (General) on September 2011. I came back to UK on Tier 2 General visa on September which is 35 days after I left UK on in Aug 2011. Currently I am working for the same employer who sponsored me and my visa is till October 2014. I will complete 5 years in UK 3 rd week of July 2013 and I want to apply for ILR. Could you advice if I will get my ILR under these conditions.
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What about cs95tdg's advise.?? Why can't your friend post his query?