*Urgent*Tier 2 ICT to General switch and 10 year ILR route

[Vin1317]

Hi All,

Here is my situation,
I came to UK in 2011 on ICT (Intra Company Transfer) visa
Initially i had 'Tier 2 (ICT) Established staff'
Valid from - 26/04/2011 to 14/05/2014- so by now i have completed my 9 years 1 month on ICT.

Application date was 05/04/2011 which was before cut off date 06/04/2011 when rules changed.

Because my visa application date was before rules changed on 06/04/2011, i am eligible to switch to Tier 2 general visa (Checked with home office), now i have following queries with regard to switch,

1. Will i be able to switch to General within UK?
2. Will i be still able to apply for ILR at the end of my 10 years (9 years on ICT and 1 year in General) under 10 year long residence rule? And switching to General does not reset my clock.

Regards,
Vin1317

[CR001]

1. Should be fine yes. Note though that you cannot switch to Tier 2 General if your sponsor is your Tier 2 ICT sponsor.

2. ALL visas count for ILR based on long residence, provided you meet all the requirements. Switching to Tier 2 General resets your 5 year ILR clock.

[Vin1317]

Hi CR001,

Thanks for your quick reply.

1. Should be fine yes. Note though that you cannot switch to Tier 2 General if your sponsor is your Tier 2 ICT sponsor.- This is fine i have a new sponsor, my current sponsor is NOT my new General visa sponsor.

2. ALL visas count for ILR based on long residence, provided you meet all the requirements. Switching to Tier 2 General resets your 5 year ILR clock.-- I am bit confused with this, first part says 'All visas count for ILR based on long residence, 2nd part says my ILR clock will reset to 5 Years, dos that mean if i switch to General now, i will be eligible for ILR after 5 years from now?

Re,
Vin1317.

[CR001]

2. ALL visas count for ILR based on long residence, provided you meet all the requirements. Switching to Tier 2 General resets your 5 year ILR clock.-- I am bit confused with this, first part says 'All visas count for ILR based on long residence, 2nd part says my ILR clock will reset to 5 Years, dos that mean if i switch to General now, i will be eligible for ILR after 5 years from now?

There are two ILR routes, 10 years long residence which counts all visas and legal stay. This does potentially affect any dependents you have in the UK. Then there is the 5 year Tier 2 General ILR route, which is what resets as ICT does not lead to or count for ILR based on 5 years residence. This doesn't affect dependents you have.

[Vin1317]

Thanks again for the reply.
May be it's me, i still don't get it,

In my case (as you have read my situation), suppose if i switch to Tier 2 general visa on 1st July 2020,
when i will be eligible for ILR-
on 26/04/2021 (based on 10 years completion, 9years ICT+ 1 year General),

OR 01/07/2025 based on new Tier 2 General visa 5 years completion?

Also when will my dependents become eligible for ILR? (they all entered UK in July 2014)?

Re,
Vin1317.

[CR001]

May be it's me, i still don't get it,

You have TWO options. Either ILR based on 10 years long residence OR wait till you have 5 years on Tier 2 General.

In my case (as you have read my situation), suppose if i switch to Tier 2 general visa on 1st July 2020,
when i will be eligible for ILR-
on 26/04/2021 (based on 10 years completion, 9years ICT+ 1 year General),

You can apply for long residence ILR no sooner than within 28 days before the 10th anniversary of the date you ENTERED the UK.

OR 01/07/2025 based on new Tier 2 General visa 5 years completion?

Or wait till you have 5 years on Tier 2 and apply no sooner than within 28 days before the 5th anniversary of the date your tier 2 visa starts.

Also when will my dependents become eligible for ILR? (they all entered UK in July 2014)?

If you apply for ILR based on long residence, your dependents must switch to FLR(M) spouse visa and meet the English and financial requirements. This will reset their FIVE YEAR clock for ILR. They cannot apply for ILR based on PBS Dependent visa 5 year residence. OR they wait till July 2024 and apply for ILR based on long residence, but they will still need to change their visas to FLR(M) spouse visa if you get ILR based on long residence and they cannot extend their PBS Dependent visas.

[Vin1317]

Thank you CR001 for your detailed reply.