ILR advice needed for ICT T2

[vicky101]

Hi Friends,

I am on same boat trying to get through ILR but seems like it has hit another delay

Being Tier 2 ICT work permit hold I entered UK in 10 June 07 on a work permit visa issued by my company on 01 June 2007 which was valid till 31 Dec 2007.

After working from 10 June 07 to 31 Aug 07 I was transferred back to India on completion of assignment for Skill Transfer for next UK project (was been paid the indian salary).

As I had visa valid, I made my next entry in uk on 23 Sep 2007 (after 23 days) on the visa which was already valid from (from Jun 07- company didn’t cancelled the existing visa).

So technically I am eligible for ILR considering my date of entering as 10 June 07 ( eligible in mid may 12 for ILR). However my employer gave be a surprise by providing me a letter stating my start date as 23 Sept 07 (he argues that 22 days I was in indian salary). Though this entry on 23 sep was based on visa issues on 01 june 07.

Now i am looking to apply for ILR, thought I am well under 180 days time but my employer letter states my employment date as 23 Sep 07, that means i have to wait
for another 3 months. I have all the documents providing my stay starting 10 June 07.

Will this be a problem for my if the caseworker sticks to date mentioned on my appointment letter ?? in summary my details are


10 June 07 to 31 Aug 07 (on work permit issued on 01 June 07 )
23 Sep 07 to till date (on work permit issued on 01 June 07, further got the same extended ))
was out for 23 days on india salary (but came back on visa issed on 01 June 07)

Opinion by esteemed friends will be very much appreciated.

Cheers,
V1

[manci]

Hi Friends,

I am on same boat trying to get through ILR but seems like it has hit another delay

Being Tier 2 ICT work permit hold I entered UK in 10 June 07 on a work permit visa issued by my company on 01 June 2007 which was valid till 31 Dec 2007.

After working from 10 June 07 to 31 Aug 07 I was transferred back to India on completion of assignment for Skill Transfer for next UK project (was been paid the indian salary).

As I had visa valid, I made my next entry in uk on 23 Sep 2007 (after 23 days) on the visa which was already valid from (from Jun 07- company didn’t cancelled the existing visa).

So technically I am eligible for ILR considering my date of entering as 10 June 07 ( eligible in mid may 12 for ILR). However my employer gave be a surprise by providing me a letter stating my start date as 23 Sept 07 (he argues that 22 days I was in indian salary). Though this entry on 23 sep was based on visa issues on 01 june 07.

Now i am looking to apply for ILR, thought I am well under 180 days time but my employer letter states my employment date as 23 Sep 07, that means i have to wait
for another 3 months. I have all the documents providing my stay starting 10 June 07.

Will this be a problem for my if the caseworker sticks to date mentioned on my appointment letter ?? in summary my details are


10 June 07 to 31 Aug 07 (on work permit issued on 01 June 07 )
23 Sep 07 to till date (on work permit issued on 01 June 07, further got the same extended ))
was out for 23 days on india salary (but came back on visa issed on 01 June 07)

Opinion by esteemed friends will be very much appreciated.

Cheers,
V1

Hi Vicky
First of all a small point on terminology. Neither your work permit nor your visa were issued by the company you work for. The work permit was issued by Work Permits UK and the visa was issued by the British diplomatic post where you applied.

For time spent in the UK on a work permit to count for settlement you had to be a "qualifying work permit holder" . This is from the Immigration Directorate Instructions:

 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:
(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the
Rules in place before 6 April 2010, or
(2) a Qualifying Work Permit Holder, provided that the work
permit was granted because the applicant was the subject of an
intra-company transfer.
“Qualifying Work Permit Holder” is a work permit holder in either the
Business and Commercial category or the Sports and Entertainment category,
provided their work permit was not a Multiple Entry Work Permit. Training and
Work Experience Scheme (TWES) or Sectors Based Scheme (SBS) work
permit holders are not Qualifying Work Permit holders.

You mention "skills transfer" in your post. Have a look at your first work permit from 2007. You need to check that it was in the "business and commercial" category because only then will it count towards the 5 years.

[vicky101]

Hi Manci,

Thanks a lot for providing valuable information. My work permit type mentioned on visa is 'VISA WORK PERMIT' , as I work for a software company it should be under 'Business & Commercial' only... as I am nowhere related to sports.... nothing else in mentioned on the visa.

The point I am trying to make is the employer is providing with a letter with 23 Sept 2007 as my start date for the assignment, whereas I expect it to be the earlier date i.e. 10 June 2007. So the Period I worked the same visa category (10 June 2007 to 31 August ) is not covered in the letter because of my stay in India for skill transfer (its a IT company, so it was a coordination excercise with the team in India). As this letter is mandatory letter for Tier 2 ILT application, will it not be a problem for me to prove the same to the caseworker ?

So the letter I have from my employer doesnot proves that I have worked for 5 years in the same organisation, though I have my bank statements and salary slips to prove that...

Please let me know if u need to to clarify my situation in more details.

[manci]

Hi Vicky

What I was suggesting you check, if you have a copy, was the actual work permit, not the visa in your passport. This is just to make sure that you were a "qualifying work permit holder". The work permit is an A4 sheet and it states your name and passport details, the employer's name, the occupation in which you were employed and the salary.

Assuming that your were a qualifying work permit holder, I wonder why your employer is unwilling to confirm that in the period 10/06/07-31/08/07 you were working for them in the UK and that in the period 01/09/07-22/09/07 they sent you on a business trip to India?

A possible reason why your employer may be reluctant to include in the letter the 23 day period in Sept 07 could be because you received a different salary while in India. I very much doubt that they would be penalised by UKBA for paying you a (possibly) lower salary for the 3 weeks you spent in India than what was stated in the work permit. In any case, it is a reasonable request that they they should confirm the facts as they were and they shouldn't refuse it.

Keep in mind that as far as the ILR is concerned you have to prove 5 years continuous lawful residence in the UK. In your case the 5 years probably start from the date of your first entry clearance (I think 01/06/07) rather than your actual arrival date in the UK (10/06/07).