ILR for Tier 2 ICT

[Srija]

Hi,
I came to UK with Tier 2 (Intra company transfer) visa in 2009 and returned back to my country on Jun'10. After few months, i got an another project work on the same year Dec'10 and traveled back to UK by getting a new Tier 2 ICT Visa as i was told by my employer that my CoS had been reverted though my visa had validity till Jan'11. Since then, i have extended my visa three times in UK. My question is whether i would be eligible for applying permanent residence (ILR) in this year based on my first travel? or will it cause any problem as i have traveled to India in the middle of this journey and my second time travel had been falling under the new ILR policy change dated on Apr'2010?

When i checked with an emigration solicitor, they were asking me to give a try, but it comes with the huge cost (3500£ in total) I can go for it if there is more assurance for it, else i can wait few more years for long-term stay ILR path.

Any assistance on this would be much appreciated. Thanks in advance

Kind Regards,
Srija

[moonlight55]

Because you returned to your home country and came back on a new entry clearance visa (which is after Apr-2010), I think unfortunately you cannot apply for ILR using 5 year route. However, since you came before Apr-2011, you can extend any no. of times and can go for 10-year route if your organisation permits your extension until then.

"Give it a try" is a dangerous term. As an Immigration lawyer, they should know the rules. I think it's not worth spending this much money. Also, personally, I would suggest you try a different lawyer (if you do decide to go for it) who knows the rules and give you a confirmed reply (and not "we can try"!).

[Srija]

Thanks for your reply. But he (solicitor) was referring me to 245AAA(a)(ii) in the guidance that permits an applicant to make an entry clearance application under certain conditions, without breaking continuous residence.
https://www.gov.uk/guidance/immigration ... indefinite

I am not very expert in this and confused more.

[moonlight55]

As per the rule mentioned, the gap should not be more than 28 days from the time the old visa expired and you applied for the new visa. In your case, it seems the gap was atleast 5 months (Jul to Nov). When you returned in June, your employer would have informed UKVI of your return and hence your old visa was cancelled.

Experts here can comment more on this, but this is how I interpret the rule.

[Srija]

Thanks again for your reply. You are right, my employer emailed me in 2010 that my CoS was reversed and cant travel anymore using existing visa though it was not expired.

Does UKBA normally cancel visa immediately when the CoS is reversed? Is there anyway i can know whether my visa was canceled before i traveled again in Dec' 2010? Should i apply for SAR fasttrack? will that answer my questions?

Please someone help me. Thanks a lot for your assistance.

Kind Regards,
sri

[Srija]

Hi,

I left UK in 2010; my employer informed UKVI about this and they reversed my CoS seems. However, i had to travel again obtaining new visa from my country after 5 months. In this period, my previous visa was not expired, however my Employer reverted my CoS. Hence, i was asked to take new visa by my employer. Is there any possibility that my continuity not broken in this period? It would be grateful if anyone can guide me to obtain this? Thanks a lot.

Kind Regards,
Sri

[KVP]

I came across similar path, and I got ILR in 2015. please see my old post.

indefinite-leave-to-remain/wp-ict-tier2 ... l#p1348428

If you read through it, you would know that I applied for Tier 2 ICT - Established Staff from India after 06Apr2010 rule changes, and I traveled with new Visa.

[Srija]

Hi KVP,

Thank you so much for your reply. It gives me the faith to proceed. However, my mind keeps on reminding me that it might have been a lucky day for you as a case worker would have missed something. I can not expect same as your. But definately your success raises my hope on this path. Thanks again.

Kind Regards,
Sri

[CR001]

Hi KVP,

Thank you so much for your reply. It gives me the faith to proceed. However, my mind keeps on reminding me that it might have been a lucky day for you as a case worker would have missed something. I can not expect same as your. But definately your success raises my hope on this path. Thanks again.

Kind Regards,
Sri

Please note that user KVP was on the older Work Permit visa in 2008 not Tier 2 ICT. The old WP visa had completely different rules and transitional provisions.

[Srija]

Thanks for highlighting me this CR001. But KVP got Tier 2 ICT in Sep' 2010 (after big gap with a new entry clearance) and luckily, his previous continuity was not broken as he was qualified under previous WP. If i compare this situation with my one then it gives me a positive answer as my first entry (T2 ICT in 2009) will be considered for ILR now. Am i missing anything here?

Kind Regards,
Sri

[KVP]

When I read the following links I interpret that the rules are same for (Tier 2 ICT - applied before 06Apr2010) and (Work permit for purpose of ICT) with respect to 'Apply for Settlement' or 'Absences'

https://www.gov.uk/guidance/immigration ... tracompany
245GF. Requirements for indefinite leave to remain

https://www.gov.uk/government/uploads/s ... idance.pdf

Page 63 - Points 252 & 253


Srija, if your Settlement application is based on old Visa (Applied before 06Apr2010) then I don't see the difference between your case and my case (Although I had Tier2 G when I applied).

Note: This is my interpretation. I am not expert.

[Srija]

Thanks KVP, it is very helpful. My only concern now is that my employer had informed UKIV about my leave in June 2010 seems. I am not sure what would have happened after this as few told me that my visa would have be cancelled by UKIV though visa had validity till Jan 2011. In this situation, my continuity might have been broken when i got new visa in Nov 2010. But, i do not see any way to confirm this. Hope some expert can help me on this.

Kind Regards,
Sri

[CR001]

Yes, if your employer informed HO you had left, your visa would have been curtailed/cancelled. As you were abroad, you would not have received a letter.

Suggest you do a Subject Access Request to see what records HO hold on you.

[Srija]

Thanks CR001. I will apply SAR fast track asap, hope that will have some information about this.

Kind Regards,
Sri

[mspr335]

one of my friend's case was similar to you and has got ILR couple of months back. there is no need to go through solicitor which would reduce the cost by nearly 900-1000 GBP.

[Srija]

Thanks Mspr335. Please clarify few question if you don't mind, thank
Did your friend leave UK and then came back after getting a new entry clearance?
Did his/her employer informed UKIV about your friend's leave?

[mspr335]

hi Srija,
yes. he applied for entry clearance in aug 2010 though his existing visa was valid until october 2010.

I'm not quite sure about whether the company informed UKVI that COS is reverted. But in majority of the cases where visa is valid for less than 6 months before the employee is sent to UK , companies prefer to apply for entry clearance rather than sending on the existing visa immediately and extending in UK .

[Srija]

Thanks a lot for your help. You are right, I was told by employer to get a new Visa as my CoS had been reverted when i left. Most of the people says whenever the CoS is reverted by the employer then the Visa will be cancelled within 60 days. This is my only concern.

[mspr335]

Hi Srija,

Did you apply for SAR? does it reflect what your employer said about curtailing the leave?

[mspr335]

Hi Srija,

My ILR is approved . I think you have to take the chance and I'm sure you have fair chances of getting it .

My case is as below .

- Entry Clearance on Work Permit valid from 02 April 2007 to 02 April 2009 .entered UK on 27th May 2007.
- Extension in UK : Issued on 28 April 2009 to 16 April 2011 as Tier 2 Migrant - Left UK on 22nd November 2009
- Entry Clearance as Tier 2 Established Staff on 31st March 2011 (visa valid from 20th April 2011 to 17 May 2014 ) - Entered UK on 28th May 2011 ( I was away from UK for 550 days : 22nd- Nov 2009 to 28th- May 2011)
- Extension in UK and BRP visa valid from 18-06-2014 to 31 May 2016
- Switched to Tier 2 General in February 2015 and visa valid till February 2018.

Applied for ILR .in the application ,start date on which this application is based is filled as 28-May-2011. ILR is successful .

[Srija]

Thank you so much msp..
I got my ILR yesterday without any issue...Thanks to everyone here..

[rubyracer2]

Thank you so much msp..
I got my ILR yesterday without any issue...Thanks to everyone here..

Congrats!!