Tier2 (ICT) to ILR & Extension query

[kenanuk]

Hi Manci,

I have now received a response from HO via email and they have confirmed that my date of application of Tier 2 ICT migrant entry clearance was 16th April 2010 so it has been considered as per rules in place after 6th April 2010.

Now considering this, what is the best option available to me from ILR perspective?

Here is my understanding:
- as I come under the rules in place after 6th April 2010 - so cannot apply for ILR after completing 5 years in Tier 2 ICT category. Is my understanding correct?
yes

- I can switch to Tier2 General if I can find another sponsor. But still cannot apply for ILR in April 2015 as the clock gets reset as soon as I switch to Tier2 General.
correct

- As per new rules in place since April 2014, I cannot stay beyond 6 years if I switch to Tier 2 General category now and as per above point can never become eligible for ILR.
correct because if you switch to T2G you can only get leave until April 2016

- Can stay infinitely with the same employer on Tier 2 ICT Visa i.e. beyond 5 years. Is this correct?
yes because your initial T2 ICT leave was under the rules before April 2011; you will need a new CoS for each extension

Or 2014 rules apply here as well and I cannot stay beyond 6 years on Tier 2 ICT as well?
see above

- Based on the above, the only option I have to be eligible for ILR is to stay with the current employer for 10 years under Tier 2 ICT category. Is this correct?
yes

Kindly advise, if you see any other quick and better option available to me.

Thanks, Hemal.

Hi, What if the T-2 general was issued before the Apr 2014 rules? can it be extended beyond the 6 year period?

Thanks.

[manci]

Hi Manci,

I have now received a response from HO via email and they have confirmed that my date of application of Tier 2 ICT migrant entry clearance was 16th April 2010 so it has been considered as per rules in place after 6th April 2010.

Now considering this, what is the best option available to me from ILR perspective?

Here is my understanding:
- as I come under the rules in place after 6th April 2010 - so cannot apply for ILR after completing 5 years in Tier 2 ICT category. Is my understanding correct?
yes

- I can switch to Tier2 General if I can find another sponsor. But still cannot apply for ILR in April 2015 as the clock gets reset as soon as I switch to Tier2 General.
correct

- As per new rules in place since April 2014, I cannot stay beyond 6 years if I switch to Tier 2 General category now and as per above point can never become eligible for ILR.
correct because if you switch to T2G you can only get leave until April 2016

- Can stay infinitely with the same employer on Tier 2 ICT Visa i.e. beyond 5 years. Is this correct?
yes because your initial T2 ICT leave was under the rules before April 2011; you will need a new CoS for each extension

Or 2014 rules apply here as well and I cannot stay beyond 6 years on Tier 2 ICT as well?
see above

- Based on the above, the only option I have to be eligible for ILR is to stay with the current employer for 10 years under Tier 2 ICT category. Is this correct?
yes

Kindly advise, if you see any other quick and better option available to me.

Thanks, Hemal.

Hi, What if the T-2 general was issued before the Apr 2014 rules? can it be extended beyond the 6 year period?
not if the application was made after 5 April 2011, however, since you haven't yet switched to T2G this is not relevant in your case.
Thanks.

[hemal11_2000]

Hi Manci,
I think it was kenanuk asking his query.

Can you please advise on my last query as follows?

If I go back to India now then can I come back to UK on Tier2 General and stay for 5 years? If yes, then do I have to serve 1 year cooling off period or can I come back immediately? I have been in UK since May 2010 (under the rules in place after 6-Apr-2010) on Tier 2 ICT visa till date.

Thanks,
Hemal

[manci]

Hi Manci,
I think it was kenanuk asking his query.

Can you please advise on my last query as follows?

If I go back to India now then can I come back to UK on Tier2 General and stay for 5 years? If yes, then do I have to serve 1 year cooling off period or can I come back immediately? I have been in UK since May 2010 (under the rules in place after 6-Apr-2010) on Tier 2 ICT visa till date.
if you leave the UK now you can only apply to return to the UK as a T2G migrant after 1 year cooling off - see immigration rule 245HB(g):
https://www.gov.uk/government/uploads/s ... MASTER.pdf.

Thanks,
Hemal

[hemal11_2000]

Thanks Manci.

So does that mean all doors are closed on me as my Tier 2 ICT migrant visa has missed the 6th April 2010 cut-off just by 10 days? I simply don't see my current sponsor continuing to sponsor me for 10 continuous years i.e. 5 more years.

Also is there any hope from the perspective of Visa type because my visa type is showing 'Tier 2 Intra Company transfer migrant' and not 'Tier 2 ICT Established Staff'? My initial understanding was that 'Tier 2 Intra Company transfer migrant' leave was only granted as per rules before 6 April 2010.

Sorry if I am asking some silly questions here but just want to make sure that I don't miss out on any option as I am now so close on completing 5 years.

Kindly advise of any other option that you see in my case that would make me eligible to continue in UK.

[manci]

Thanks Manci.

So does that mean all doors are closed on me as my Tier 2 ICT migrant visa has missed the 6th April 2010 cut-off just by 10 days? I simply don't see my current sponsor continuing to sponsor me for 10 continuous years i.e. 5 more years.
It is unfortunate that you missed the deadline by a few days. The two possibilities that are open to you which may make you eligible for ILR in 2020:
1. find a new sponsor and apply for a T2G visa after 1 year cooling off in home country:
2. if your family circumstances allow it switch to PBS dependant leave and remain in the UK until 2020 (long residence)

Also is there any hope from the perspective of Visa type because my visa type is showing 'Tier 2 Intra Company transfer migrant' and not 'Tier 2 ICT Established Staff'? My initial understanding was that 'Tier 2 Intra Company transfer migrant' leave was only granted as per rules before 6 April 2010.
no, the immigration rules override everything else

Sorry if I am asking some silly questions here but just want to make sure that I don't miss out on any option as I am now so close on completing 5 years.

Kindly advise of any other option that you see in my case that would make me eligible to continue in UK.

[TUNKHALIL]

Hi all,

I have a quite special case and you help/advice is needed. I was granted a Tier 2 ICT visa in OCT 2009 (valid for 3 years) but I entered the UK (with this visa) only in Feb 2011as my employer needed me for a project in head office. since then i live permanently in the UK (except few days out for holidays-no more than 50 days per year)

I renewed my visa again in 2012 and I was given another two years. Now,I'm getting ready to renew it again and my employer is willing to keep me permanently.

1- Do I qualify for ILR?
2- If yes, When Can I apply for the ILR (can i include some of the period before I move to the UK)?

Thank you all,

[manci]

Hi all,

I have a quite special case and you help/advice is needed. I was granted a Tier 2 ICT visa in OCT 2009 (valid for 3 years) but I entered the UK (with this visa) only in Feb 2011as my employer needed me for a project in head office. since then i live permanently in the UK (except few days out for holidays-no more than 50 days per year)

I renewed my visa again in 2012 and I was given another two years. Now,I'm getting ready to renew it again and my employer is willing to keep me permanently.

1- Do I qualify for ILR?
yes

2- If yes, When Can I apply for the ILR (can i include some of the period before I move to the UK)?
your 5 year qualifying period starts in February 2011 and you can apply 28 days before its 5th anniversary.


Thank you all,

[TUNKHALIL]

Thank you very much manci .
When I compute the qualifying period I cannot go back prior to February 2011 . I forgot to tell that I have used my visa for two week in August 2010 (I got my visa stamped on the 14 august).


Thank you very much for your help manci

[manci]

Thank you very much manci .
When I compute the qualifying period I cannot go back prior to February 2011 . I forgot to tell that I have used my visa for two week in August 2010 (I got my visa stamped on the 14 august).
in that case the qualifying period can start with a 180 day absence, see p19;
https://www.gov.uk/government/uploads/s ... eriods.pdf

Thank you very much for your help manci

[justgood80]

Dear All

I would like to understand if I qualify for ILR in Feb 2015 based on below information.

--->VISA TIER 2 (INT COM TRAN) MIGRANT from 02/03/2010 to 31/01/2012
~~STAY 1 in UK from 05/03/2010 to 09/12/2011

--->VISA TIER 2 ICT LONG TERM STAFF MIGRANT from 20/01/2012 to 31/10/2014
--->VISA TIER 2 ICT LONG TERM STAFF MIGRANT EXTENSION from 15/08/2012 to 13/11/2017
~~STAY 2 in UK from 20/01/2012 till date

* Absence from 10/12/2011 till 30/01/2012 – Approximate 50 days. I was employed with same employer.

NOTE: My first Visa was valid during this absence. I had second entry clearance while the first visa was valid.

Am I eligible for ILR in Feb 2015 ?

[justgood80]

Thank you very much manci .
When I compute the qualifying period I cannot go back prior to February 2011 . I forgot to tell that I have used my visa for two week in August 2010 (I got my visa stamped on the 14 august).
in that case the qualifying period can start with a 180 day absence, see p19;
https://www.gov.uk/government/uploads/s ... eriods.pdf

Thank you very much for your help manci

Hi Manci
Need Help

I would like to understand if I qualify for ILR in Feb 2015 based on below information.

--->VISA TIER 2 (INT COM TRAN) MIGRANT from 02/03/2010 to 31/01/2012
~~STAY 1 in UK from 05/03/2010 to 09/12/2011

--->VISA TIER 2 ICT LONG TERM STAFF MIGRANT from 20/01/2012 to 31/10/2014
--->VISA TIER 2 ICT LONG TERM STAFF MIGRANT EXTENSION from 15/08/2012 to 13/11/2017
~~STAY 2 in UK from 20/01/2012 till date

* Absence from 10/12/2011 till 30/01/2012 – Approximate 50 days. I was employed with same employer.

NOTE: My first Visa was valid during this absence. I had second entry clearance while the first visa was valid.

Am I eligible for ILR in Feb 2015 ?

[bewithram]

I entered UK under Tier 2 ICT on 2013. I understand that its not possible to switch to T2 General and later ILR. I am trying to take 12 months cooling off period now before applying for T2G in 2016. My question is, can i get Business visa during the Cooling off Period and travel to UK.
I would like to know if I can travel to UK in some other Visa categories like Business visitor. My employer would like to know if I could get Business Visitor visa and travel to UK during the cooling off Period.

[himudivya]

Hi,

I had a similar query and you may have answered already but I wasnt clear. I got the initial Tier 2 ICT (Long Term Staff) visa on Dec 2010 which was renewed from within UK on Nov 2013. Its due to expire in Nov 2015. I had the following questions :

- Can I renew this and how long can I keep renewing it?
- If I change roles but am in the same company does that effect my visa and do I need to do anything?

Thanks

[justgood80]

Hi Manci

I would like to understand if I qualify for ILR in Feb 2015 based on below information.

--->VISA TIER 2 (INT COM TRAN) MIGRANT from 02/03/2010 to 31/01/2012
~~STAY 1 in UK from 05/03/2010 to 09/12/2011

--->VISA TIER 2 ICT LONG TERM STAFF MIGRANT from 20/01/2012 to 31/10/2014
--->VISA TIER 2 ICT LONG TERM STAFF MIGRANT EXTENSION from 15/08/2012 to 13/11/2017
~~STAY 2 in UK from 20/01/2012 till date

* Absence from 10/12/2011 till 30/01/2012 – Approximate 50 days. I was employed with same employer.

NOTE: My first Visa was valid during this absence. I had second entry clearance while the first visa was valid.

Am I eligible for ILR in Feb 2015 ?

[hemal11_2000]

Thanks Manci.

So does that mean all doors are closed on me as my Tier 2 ICT migrant visa has missed the 6th April 2010 cut-off just by 10 days? I simply don't see my current sponsor continuing to sponsor me for 10 continuous years i.e. 5 more years.
It is unfortunate that you missed the deadline by a few days. The two possibilities that are open to you which may make you eligible for ILR in 2020:
1. find a new sponsor and apply for a T2G visa after 1 year cooling off in home country:
2. if your family circumstances allow it switch to PBS dependant leave and remain in the UK until 2020 (long residence)

Also is there any hope from the perspective of Visa type because my visa type is showing 'Tier 2 Intra Company transfer migrant' and not 'Tier 2 ICT Established Staff'? My initial understanding was that 'Tier 2 Intra Company transfer migrant' leave was only granted as per rules before 6 April 2010.
no, the immigration rules override everything else

Sorry if I am asking some silly questions here but just want to make sure that I don't miss out on any option as I am now so close on completing 5 years.

Kindly advise of any other option that you see in my case that would make me eligible to continue in UK.

@Manci, In relation to your above response, can you please elaborate on what exactly mean by switching to PBS dependant?

[bewithram]

Hi MANCI,

could you please share your expertise on my situation.

I entered UK under Tier 2 ICT on 2013. I understand that its not possible to switch to T2 General and later ILR. I am trying to take 12 months cooling off period now before applying for T2G in 2016. My question is, can i get Business visa during the Cooling off Period and travel to UK.
I would like to know if I can travel to UK in some other Visa categories like Business visitor. My employer would like to know if I could get Business Visitor visa and travel to UK during the cooling off Period.

[manci]

Hi MANCI,

could you please share your expertise on my situation.

I entered UK under Tier 2 ICT on 2013. I understand that its not possible to switch to T2 General and later ILR. I am trying to take 12 months cooling off period now before applying for T2G in 2016. My question is, can i get Business visa during the Cooling off Period and travel to UK.
I would like to know if I can travel to UK in some other Visa categories like Business visitor. My employer would like to know if I could get Business Visitor visa and travel to UK during the cooling off Period.
you can get a business visitor visa during the cooling-off period if you meet the requirements

[Ihateclouds]

Hi there,

I have a quick question regarding my immigration status. Any advice would be helpful.

I'm a US citizen currently employed on a T2 ICT Long Term, Leave to Remain Visa. I first entered on a T2 ICT Migrant visa, issued on March 8th 2010.

I'm looking to switch employers, and trying to figure out the best way to do so. I assume this way is by switching to ILR.

After March 8th..5 years of residence in UK....It seems I meet all the qualifications except "your employer wants you carry on working" (as I'm looking to change employers) ....What can I do??

Appreciate the help in advance.
Thanks.

[manci]

Hi there,

I have a quick question regarding my immigration status. Any advice would be helpful.

I'm a US citizen currently employed on a T2 ICT Long Term, Leave to Remain Visa. I first entered on a T2 ICT Migrant visa, issued on March 8th 2010.

I'm looking to switch employers, and trying to figure out the best way to do so. I assume this way is by switching to ILR.

After March 8th..5 years of residence in UK....It seems I meet all the qualifications except "your employer wants you carry on working" (as I'm looking to change employers) ....What can I do??

Appreciate the help in advance.
Thanks.

for obtaining ILR from either T2 ICT or T2G status it is a requirement for the employer to certify that they still require the employee for the employment in question. If your current employer is not prepared to provide such a certificate when the time comes (you can apply 28 days before the due date) you can switch to T2G and your time under T2 ICT will still count for the 5 year qualifying period. However, before you switch make sure that your new sponsor would be willing to give you the required certificate

[Ihateclouds]

Hi there,

I have a quick question regarding my immigration status. Any advice would be helpful.

I'm a US citizen currently employed on a T2 ICT Long Term, Leave to Remain Visa. I first entered on a T2 ICT Migrant visa, issued on March 8th 2010.

I'm looking to switch employers, and trying to figure out the best way to do so. I assume this way is by switching to ILR.

After March 8th..5 years of residence in UK....It seems I meet all the qualifications except "your employer wants you carry on working" (as I'm looking to change employers) ....What can I do??

Appreciate the help in advance.
Thanks.

for obtaining ILR from either T2 ICT or T2G status it is a requirement for the employer to certify that they still require the employee for the employment in question. If your current employer is not prepared to provide such a certificate when the time comes (you can apply 28 days before the due date) you can switch to T2G and your time under T2 ICT will still count for the 5 year qualifying period. However, before you switch make sure that your new sponsor would be willing to give you the required certificate

Ok. Thanks for advice. I'd plan on leaving the company as soon as my status changed, so I don't think getting a certificate from them is possible. New sponsor would be willing to provide proof of necessary employment, so shouldn't be a big deal.

To simplify the process, should I forget about ILR and just apply to switch T2 ICT -> T2G with a new sponsor? Does the 1 year cooling off period not apply in this case?

Thanks again.

[manci]

[ I'd plan on leaving the company as soon as my status changed, so I don't think getting a certificate from them is possible. New sponsor would be willing to provide proof of necessary employment, so shouldn't be a big deal.
it is not proof of employment that is needed but a certificate that they still require you for the employment in question.
To simplify the process, should I forget about ILR and just apply to switch T2 ICT -> T2G with a new sponsor?
if you cannot get the required certificate from your present employer you should switch first and then apply for ILR. Remember to get a letter from your present employer detailing the purpose and periods of all your absences. The rules and documents needed are described in immigration rule 245HF and 245HF-SD

[/color]Does the 1 year cooling off period not apply in this case?
there is no cooling-off for in-country switching
Thanks again.

[anilkum]

Hi,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). I have been told by my company that it can not be extended after 5 years. But, i have seen couple of posts saying that people who have come to UK on or before April 2011 can be extended as long as they can, but ineligible for ILR.

I am not sure what is true?. Not sure about the options after Nov 2015. Guys, could you please suggest me in this regard?

Thanks
Anil

[manci]

Hi,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). I have been told by my company that it can not be extended after 5 years. But, i have seen couple of posts saying that people who have come to UK on or before April 2011 can be extended as long as they can, but ineligible for ILR.
that is correct, you can extend your leave indefinitely with a new CoS for each extension (but are not eligible for ILR on the 5 year route). Refer your company's HR person to immigration rule 245GE(b)(v).

I am not sure what is true?. Not sure about the options after Nov 2015. Guys, could you please suggest me in this regard?

Thanks
Anil

[anilkum]

Hi,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). I have been told by my company that it can not be extended after 5 years. But, i have seen couple of posts saying that people who have come to UK on or before April 2011 can be extended as long as they can, but ineligible for ILR.
that is correct, you can extend your leave indefinitely with a new CoS for each extension (but are not eligible for ILR on the 5 year route). Refer your company's HR person to immigration rule 245GE(b)(v).

I am not sure what is true?. Not sure about the options after Nov 2015. Guys, could you please suggest me in this regard?

Thanks
Anil

Thanks Manci