ILR Rejection - Urgent Help

[tan123]

Dear All,

I need urgent help as ILR is rejected on following ground
1. I have WP from Jun - 06 - till May -09
2. Tier 2 (ICT) from May'09 onwards
3. Tier 1 (General) - from Nov'10 onwards

ILR is rejected as due to point 2 (Tier 2 - ICT).

I don;t know why it is so...please help ...

Thanks

[geriatrix]

What do you mean when you say "rejected" - "formally refused (after you paid for the application)" or "informed that you should not make an application because you do not qualify"?

[tan123]

It's refused. I paid for it and then I told it's refused due to ICT Visa.

[smaganti]

Did they say why.please give us more information to help you out.is there any gap or didnot submit document.

[tan123]

There is no further information except that it's rejected due to ICT visa which is not counted for continous time period of 5 years.

[geriatrix]

Unlawful (245CD(c)(viii)).

Assuming you have not been granted right of appeal because your Tier 1 (General) leave is currently valid, consider seeking advice from a competent solicitor on how to challenge the unlawful decision.

[tan123]

Thanks Sushdmehta / All,
Can you point me on right solicitor who can help in this regard

[chosenaik]

Smith Stone and Walters are very good. Google their name for the contact details.

[imranb]

Thanks Sushdmehta / All,
Can you point me on right solicitor who can help in this regard

Hey, Please keep us posted about your developments. It is a ridiculous outcome. Really sorry mate. But I am sure you can fight it out.

Cheers!

[sarath1212]

Thanks Sushdmehta / All,
Can you point me on right solicitor who can help in this regard

Have you contacted ant Solicitor on htis regard? Keep us updated pls....

Thanks

[manyaonisland]

(245CD(c)(viii)).

It says - (viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.

Now this is bit ambiguous! it is not very clear whether the time spent should be before the date highlighted OR the ICT visa should have been granted based on the rules before date highlighted. if it is former (and which seems to be case workers understanding) then time has been spent on ICT after the date highlighted and hence deemed as invalid.

Sorry that you got caught up in this situation. Needs good solicitor!

[sarath1212]

(245CD(c)(viii)).

It says - (viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.

Sorry that you got caught up in this situation. Needs good solicitor!

If you see the section 245CD(c)(viii) it clearly says ''GRANTED under the Rules in place before 6 April 2010.''

So its not the time spent before 6 April 2010 on T2 ICT, means if your Ties 2 ICT visa is issued before 6 April 2010 then you are eligible for ILR after completion of 5yrs.

[sarath1212]

(245CD(c)(viii)).

It says - (viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.

Sorry that you got caught up in this situation. Needs good solicitor!

If you see the section 245CD(c)(viii) it clearly says ''GRANTED under the Rules in place before 6 April 2010.''

So its not the time spent before 6 April 2010 on T2 ICT, means if your Ties 2 ICT visa is issued before 6 April 2010 then you are eligible for ILR after completion of 5yrs.

Hi Tan,

Are you deling the case with any solicitor?Kindly update....

[vinny]

It may be argued that continuous period had not been broken if absences were within the prescribed limits.