Tier 2 ICT - Tier 2 General; Is ILR possible?

[zfawaz]

Hi, I am presently on a Tier 2 (General) Migrant visa obtained in August 2012 and due for renewal in September 2015. My question is, will it be renewed for a new period of 3 years or would it fall under the new law and renewed for a new period of 5 years? My guess would be 3... Also, I travel frequently for business outside of the UK, on average about 100 days per year. Would that hinder my chances of obtaining the ILS after 5 years? And what is the maximum number of days a Tier 2 dependant can stay of the of the UK at any one period of time? Thanks for any insights.

[mansoorash]

Would that hinder my chances of obtaining the ILS after 5 years?

Unfortunately, I don't think it will be an option for Tier 2 (general) holders to apply for an ILR from April 2017.

[manci]

[quote="zfawaz"]Hi, I am presently on a Tier 2 (General) Migrant visa obtained in August 2012 and due for renewal in September 2015. My question is, will it be renewed for a new period of 3 years or would it fall under the new law and renewed for a new period of 5 years? My guess would be 3... Also, I travel frequently for business outside of the UK, on average about 100 days per year. Would that hinder my chances of obtaining the ILS after 5 years? And what is the maximum number of days a Tier 2 dependant can stay of the of the UK at any one period of time? Thanks for any insights.

Your stay in the UK is limited to 6 years and you are eligible to apply for ILR after 5 years provided you meet the absence requirements (180 days in any of the 1 year periods counted backwards from the date of the ILR application).

The length of the extension will also depend on the period of engagement stated in the new CoS.[/quote]

[zfawaz]

Thanks Manci for the valuable information.

[avipul]

Dear Manci, Pls pls reply to my queries below, especially from #4 to #6.

BR
Vipul

Hi experts,

I have been following the conversations here and got a fair idea of the process, courtsey experts like manci. For my situation, iI have some doubts that I need clarified. Appreciate if you can guide. Here is my visa history for the UK-

ICT Short Term with family- stayed in the UK from 15/07/13 to 11/07/14
Applied for ICT Long Term from Home country
ICT Long Term with family- been in The UK since 25/08/14 (visa valid until 31/01/15, employer planning to apply for extension of the same)

My wife has recently received a job offer and the employer is willing to give her a Tier 2 General CoS for an year.

Queries-
1. I understand she has to apply for Tier 2 from Home Country and cooling off period doesn't apply. Is that right?
2. As for myself, if I choose to switch to T2 General Dependent, can I do it from the UK? Does a cooling-off period apply?
3. Is it alright if the main applicant gets visa in Home Country while the dependent applies in The UK?
4. Can I continue in my current job and assignment on T2 General dependent visa?
5. After an year, my wife will be able to swich to a new employer (expecting they will be willing to give her a CoS) from within UK?
6. As for CoS, is it something that can be issued only in the first week of a month?

Regards.
Vipul

[manci]

Dear Manci, Pls pls reply to my queries below, especially from #4 to #6.

BR
Vipul

Hi experts,

I have been following the conversations here and got a fair idea of the process, courtsey experts like manci. For my situation, iI have some doubts that I need clarified. Appreciate if you can guide. Here is my visa history for the UK-

ICT Short Term with family- stayed in the UK from 15/07/13 to 11/07/14
Applied for ICT Long Term from Home country
ICT Long Term with family- been in The UK since 25/08/14 (visa valid until 31/01/15, employer planning to apply for extension of the same)

My wife has recently received a job offer and the employer is willing to give her a Tier 2 General CoS for an year.

Queries-
1. I understand she has to apply for Tier 2 from Home Country and cooling off period doesn't apply. Is that right?
yes
2. As for myself, if I choose to switch to T2 General Dependent, can I do it from the UK?
yes
Does a cooling-off period apply?
no

3. Is it alright if the main applicant gets visa in Home Country while the dependent applies in The UK?
yes
4. Can I continue in my current job and assignment on T2 General dependent visa?
yes
5. After an year, my wife will be able to switch to a new employer (expecting they will be willing to give her a CoS) from within UK?
yes
6. As for CoS, is it something that can be issued only in the first week of a month?
restricted CoS applications by sponsors are only decided once a month (on the 11th)

Regards.
Vipul

[ashok_sethu]

Hi Experts

I came to UK on Tire 2 ICT Established staff Feb-2011 and keep on extending on ICT Long term staff now current visa valid
till 2017. Now my client wants me to make as a Permanent employee. If I want to do that I have to switch to Tier 2 General

To do I believe I can do in country with new cos?

If I switch Tier 2 general Do I need to leave UK by 2017 as per new rule? or stay for 5yrs and apply ILR?

Can I go to my home country and can I apply immediately tier 2 general? or need to wait for cooling period?

Is there any option for me to go to Tier 2 general and apply for ILR.

I believe on my current visa I have to wait 10yrs to apply for ILR?

Thanks
Ashok.

[tier2ictvisa2010]

All Clear Manci many thanks again for your advise. I have a couple more questions regarding the application . Will go through all and get in touch later. Thanks again

Hi Manci , Below are the application forms ive been looking at filling in for a premier service one day appointment for my self and my spouse. Please can you help confirm if these forms are the correct ones? Thankyou

My self
https://www.gov.uk/government/publicati ... orm-tier-2

My Spouse
https://www.gov.uk/government/publicati ... -dependant

[tier2ictvisa2010]

All Clear Manci many thanks again for your advise. I have a couple more questions regarding the application . Will go through all and get in touch later. Thanks again

Hi Manci , Below are the application forms ive been looking at filling in for a premier service one day appointment for my self and my spouse. Please can you help confirm if these forms are the correct ones? Thankyou

My self
https://www.gov.uk/government/publicati ... orm-tier-2

My Spouse
https://www.gov.uk/government/publicati ... -dependant

Hi Manci ,
I have booked an appointment with premier service for an appointment early next week. I've been through the help text when filling out the forms but still have a few queries on a few questions as below. Really appreciate your help/guidance,

Main Applicant
1) Question H1 / H2 - Have you ever had any Home office Number(s) assigned to you / Your Home Office reference number (s) -
We cannot recall any home office Numbers , pls can you help clarify this question, as according to the help texts they say we should definitely have records from previous. Thanks

2) Question L4 - What is your current or Last grant of leave , tick what category your last Grant or leave is in -
Out of the answers available, following are the answers Ive narrowed down as possible answers to this question, need to find out which is the correct answer out of the two.
(a) A Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category Go to question L9
OR
(b) A Tier 2 (Intra Company Transfer) migrant in the Established Staff sub-category Under the Rules in place before 6th April 2011 Go to question L10

My immigration history is as below.
INITIAL VISA – D–TIER 2 (INT COM TRAN) MIGRANT granted from 23/09/10 to 29/10/12
EXTENDED VISA – T2 ICT LONG TERM LEAVE TO REMAIN granted from 26/10/2012 to 12/11/2014

Appreciate if you could let me know if my answer to this question should be (a) or (b) above? For me (a) seems the right answer as my last grant/leave was in Long Term Staff sub-category. But then again I do also fall under Establish staff Rules in place before 6th April 2011 (b), but then again this was for my initial entry not last grant/leave. However I worry that if I don't give (b) as the answer, it may make an impact on me extending 5 more years upto 2019. Appreciate your thoughts on what the correct answer should be for this question. Thanks

3) Question L9 - Is your current or last grant of leave in the same sub category as that for which you are now applying -
Is the answer "Yes" or "No" to this? If i answer (a) to L4 then the answer to L9 I feel should be "No" as what I am applying for now is more like under (b). If i answer (b) to L4 then the answer for L9 I feel should be "Yes", pls help confirm what the correct answer is so I could proceed accordingly, many thanks!

4) M4 - Is your sponsor willing to certify maintenance for you on your certificate of Sponsorship -
The answer is Yes as they have already ticked "Y" on the COS. However i understand from our previous correspondences that this is no longer required as I already have leave as a tier 2 Migrant. Pls confirm if i should answer this question as "no"

5) Question O1 - How will you show that you meet the maintenance requirement -
Pls help confirm if I should tick "I currently have leave as a Tier 2 Migrant"

Dependent Application Form
1) C4 - What is the reference number for the most recent application form of the PBS main applicant you are dependant on -
Pls could you help clarify this question, as i do not know the answer to this.

2) Question H1 / H2 - Have you ever had any Home office Number(s) assigned to you (ht) / Your Home Office reference number (s) -
We cannot recall any home office Numbers , pls can you help clarify this question, as according to the help texts they say we should definitely have records from previous. Thanks

3) Question L1 - Have you ever claimed for public funds(ht) -
My dependent has never claimed for funds but at one point (Period between 2010 October and 2011 April) she was exempted from having to pay Council Tax as she was a student during this period. Pls confirm if I have to tick "Yes" to this question as a result of this or does this not count as this is not something we claimed for as such (as it was rather a relief given by the government). Depending on the answer for this she will also need to tick Yes or No for question L6 (Have you claimed Council Tax Benefit), thanks

4) M3 - Is the PBS main applicant making -
Pls confirm answer to this question is "An application for an extension of their existing leave - go to section N"

Really sorry for the trouble with loads of application related querries, a bit puzzled with just the above ones and want to make sure the most accurate answer is given. Really appreciate if you could help me with these queries, Thanks as always for your help

[farhan11]

i have just posted my topic...please reply ..Switching from Tier 4 to Tier 2 .PLEASE HELP !!

[tier2ictvisa2010]

Hi Manci , Really sorry to chase, desparately need your help and advise in particular on the below question which is a vital one on the application.. really appreciate your urgent help as i need to prepare application for this Tuesday. Once again sorry to chase.

Question L4 - What is your current or Last grant of leave , tick what category your last Grant or leave is in -
Out of the answers available, following are the answers Ive narrowed down as possible answers to this question, need to find out which is the correct answer out of the two.
(a) A Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category Go to question L9
OR
(b) A Tier 2 (Intra Company Transfer) migrant in the Established Staff sub-category Under the Rules in place before 6th April 2011 Go to question L10

My immigration history is as below.
INITIAL VISA – D–TIER 2 (INT COM TRAN) MIGRANT granted from 23/09/10 to 29/10/12
EXTENDED VISA – T2 ICT LONG TERM LEAVE TO REMAIN granted from 26/10/2012 to 12/11/2014

Appreciate if you could let me know if my answer to this question should be (a) or (b) above? For me (a) seems the right answer as my last grant/leave was in Long Term Staff sub-category. But then again I do also fall under Establish staff Rules in place before 6th April 2011 (b), but then again this was for my initial entry not last grant/leave. However I worry that if I don't give (b) as the answer, it may make an impact on me extending 5 more years upto 2019. Appreciate your thoughts on what the correct answer should be for this question. Thanks

Question L9 - Is your current or last grant of leave in the same sub category as that for which you are now applying -
Is the answer "Yes" or "No" to this? If i answer (a) to L4 then the answer to L9 I feel should be "No" as what I am applying for now is more like under (b). If i answer (b) to L4 then the answer for L9 I feel should be "Yes", pls help confirm what the correct answer is so I could proceed accordingly, many thanks!

[manci]

@tier2ictvisa2010

At L4 tick:
a Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category Go
to question L9
which is the category of your current leave.
at L9 tick YES as you are applying to extend your leave in the same category

[tier2ictvisa2010]

Hi Manci , Just walking out of the visa centre, our visas were approved for 5yrs. Cant Thank you enough for all the advise and support youve given us. May god bless you.. tc

[Tier2_ILR_2010]

Hi Manci,

Background:
Visa - Tier2 (INT COM TRAN) MIGRANT COS number issue on 22/04/2010
Date Bio metric test attended - 09/04/2010 at VFS mumbai - India
Date of Visa fees payment by my parent company 29/03/2010 through worldpay Transaction

Landed in UK - 07/06/2010 and since then on continuous yearly visa extension.
As per the Mail communication received from UK BA (Case worker) date of my application to UKBA was 12/04/2010

Pls advice if am eligible for ILR after completing 5 years on the same visa.

Also as per ILR guidelines, "even if date of valid visa application (VFS Mumbai - India) is before 06/04/2010, then the visa holder will be eligible for settlement" is that correct? and in above case how to find out when was the application first submitted?

Thanks in Advance!

[manci]

Date of Visa fees payment by my parent company 29/03/2010 through worldpay Transaction

As per the Mail communication received from UK BA (Case worker) date of my application to UKBA was 12/04/2010

you need to clarify the above two statements as normally for overseas applications the date of payment of the visa fee is the date of the application. How and when did you apply for entry clearance and how did the company pay your visa fee? What prompted the caseworker's email to you?

[Tier2_ILR_2010]

Hi Manci,
Am Not sure what was the process followed by parent company while applying for Visa in 2010 (online application or physical application), only remeber I have attended the Bio -metric test as on 09/04/2010. The Visa payment date was found on Parent companys intranet site for employee and may not stand correct.

As my case was very close to 6th April 2010 (Date the rule changed) was curious to know the exact date of my application, so mailed to UKBA to receive the exact date which as per reply received" biomatric date - 09/04/10 and application received by UKBA on 12/04/2010".

Since am not very clear on the rule "Date of initial application if before 06/04/10, then the application stand to be eligible for ILR" initiated some mails and calls with UKBA to know the exact date of my inital application, but did not received any clear response due to lack of clarity on prevailing Tier 2 visa process during March/April -2010.Assumed that the applicant only appear for bio metric test once the initial application scrutiny been completed and payment received by VFS India (meaning my inital application could have reached to VFS India before 09/04/2010). pls guide me if am wrong.

[manci]

Hi Manci,
Am Not sure what was the process followed by parent company while applying for Visa in 2010 (online application or physical application), only remeber I have attended the Bio -metric test as on 09/04/2010. The Visa payment date was found on Parent companys intranet site for employee and may not stand correct.

As my case was very close to 6th April 2010 (Date the rule changed) was curious to know the exact date of my application, so mailed to UKBA to receive the exact date which as per reply received" biomatric date - 09/04/10 and application received by UKBA on 12/04/2010".

Since am not very clear on the rule "Date of initial application if before 06/04/10, then the application stand to be eligible for ILR" initiated some mails and calls with UKBA to know the exact date of my inital application, but did not received any clear response due to lack of clarity on prevailing Tier 2 visa process during March/April -2010.Assumed that the applicant only appear for bio metric test once the initial application scrutiny been completed and payment received by VFS India (meaning my inital application could have reached to VFS India before 09/04/2010). pls guide me if am wrong.
the company cannot apply for your visa, only you can, and you have to pay the visa fee even if the company advances you or reimburses the fee. To finally resolve the question of visa application date, even though you had email confirmation that it was after 5 April 10, you can make a Subject Access Request for your immigration records.

[ashok_sethu]

Hi Experts

I came to UK on Tire 2 ICT Established staff Feb-2011 and keep on extending on ICT Long term staff now current visa valid
till 2017. Now my client wants me to make as a Permanent employee. If I want to do that I have to switch to Tier 2 General

To do I believe I can do in country with new cos?

If I switch Tier 2 general Do I need to leave UK by 2017 as per new rule? or stay for 5yrs and apply ILR?

Can I go to my home country and can I apply immediately tier 2 general? or need to wait for cooling period?

Is there any option for me to go to Tier 2 general and apply for ILR.

I believe on my current visa I have to wait 10yrs to apply for ILR?

Thanks
Ashok.

[manci]

Hi Experts

I came to UK on Tire 2 ICT Established staff Feb-2011 and keep on extending on ICT Long term staff now current visa valid
till 2017. Now my client wants me to make as a Permanent employee. If I want to do that I have to switch to Tier 2 General

To do I believe I can do in country with new cos?
correct, if you meet the requirements and your "client" is not your current sponsor.

If I switch Tier 2 general Do I need to leave UK by 2017 as per new rule? or stay for 5yrs and apply ILR?
if you apply after 6 Nov your time under T2 ICT won't count for the 6 year cap you will be eligible to apply for ILR after 5 years.

Can I go to my home country and can I apply immediately tier 2 general? or need to wait for cooling period?
if you apply for entry clearance from home country 1 year cooling off kicks in - apply to switch to T2G from the UK, you are eligible to do so.

Is there any option for me to go to Tier 2 general and apply for ILR.
see above
I believe on my current visa I have to wait 10yrs to apply for ILR?
correct
Thanks
Ashok.

[ashok_sethu]

Thanks

If I switch Tier 2 general Do I need to leave UK by 2017 as per new rule? or stay for 5yrs and apply ILR?
if you apply after 6 Nov your time under T2 ICT won't count for the 6 year cap you will be eligible to apply for ILR after 5 years.

Just to make it clear to get ILR the best way is

I can switch to tier 2 general after 6 Nov 2014 with a new sponsor and wait for 5 yrs and apply for ILR. right? or

Wait in the same visa for 10 yrs

Going home country and apply is not a good option right?

[manci]

[quote="ashok_sethu"]

I can switch to tier 2 general after 6 Nov 2014 with a new sponsor and wait for 5 yrs and apply for ILR. right? or
Wait in the same visa for 10 yrs
either

Going home country and apply is not a good option right
correct

[ashok_sethu]

Thanks Manci

[akshayapte]

Hi Manci,

I initially came to UK on TIer2 ICT in Sep 2010 and then switched within country to Tier2 General in Sep 2014 and got a 3 year visa valid till Sep 2017. Will I be eligible for another 3 year extension in 2017 so that I can apply for ILR (5 years on Tier 2 General)?

Regards,
Akshay Apte.

[manci]

Hi Manci,

I initially came to UK on TIer2 ICT in Sep 2010 and then switched within country to Tier2 General in Sep 2014 and got a 3 year visa valid till Sep 2017. Will I be eligible for another 3 year extension in 2017 so that I can apply for ILR (5 years on Tier 2 General)?
yes
Regards,
Akshay Apte.

[ashok_sethu]

Is he not under the cap he can stay in UK only 6yrs if he switch from ICT to General?

I believe if he switch to General only after 6 Nov 2014. He can stay for more 5yrs