ILR application confused help required

[April01]

Hi everyone,
I wanted to make an enquiry about my ILR application:

We were issued WP on the 16/07/2008 to 16/07/2010
The vignette says 05/08/2008 to 05/08/2010 we landed in the UK on the 19/08/2008.

After that our visa status said ICT TIER2 valid from 03/09/10 to 09/08/2012 and were issued a BRP card.

After that we got a Tier1 visa general category issued from 23/06/2011 to 23/06/2013.

Now my question is to find out:

Can we make an ILR application without the extension of tier1 visa as the number of days turn out to be around 4 years 11 months and 7 days if we count from the day the WP was issued 16/07/2008 or

Should I start counting from the date of arrival in UK or

Should I start the counter from 05/08/2008.

Another thing I would like to know is that what date can we start the application process, before completion of 5 years or after the 5 years have been completed.

As we will be applying for ILR I have yet to give my life in the UK test
Do I need to get that done too ?

[cs95tdg]

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

[April01]

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

This visa was granted on the 3rd of September 2010.
Regards,
A.

[April01]

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

This visa was granted on the 3rd of September 2010.
Regards,
A.

[cs95tdg]

This visa was granted on the 3rd of September 2010.

My question was, the date that application was made/submitted? (In order to determine which rules were in place at the time) I.e. rather than the date it was approved.

[April01]

This visa was granted on the 3rd of September 2010.

My question was, the date that application was made/submitted? (In order to determine which rules were in place at the time) I.e. rather than the date it was approved.

i

Yes I understood that, but it was done by the company my husband is working in, they appointed a registered law firm to help him get the ICT Tier2 sorted out, so it is very difficult to assess the actual date of the application submitted.


Thanks ,
Regards,
A.

[April01]

This visa was granted on the 3rd of September 2010.

My question was, the date that application was made/submitted? (In order to determine which rules were in place at the time) I.e. rather than the date it was approved.

i

Yes I understood that, but it was done by the company my husband is working in, they appointed a registered law firm to help him get the ICT Tier2 sorted out, so it is very difficult to assess the actual date of the application submitted.


Thanks ,
Regards,
A.

[April01]

This visa was granted on the 3rd of September 2010.

My question was, the date that application was made/submitted? (In order to determine which rules were in place at the time) I.e. rather than the date it was approved.

i

Yes I understood that, but it was done by the company my husband is working in, they appointed a registered law firm to help him get the ICT Tier2 sorted out, so it is very difficult to assess the actual date of the application submitted.


Thanks ,
Regards,
A.

Any suggestions or help from anyone is much appreciated as I would like have answers to my above query.

Also when should we start the count of number of days, from the day the work permit was issued or the date we landed in the UK.

[April01]

This visa was granted on the 3rd of September 2010.

My question was, the date that application was made/submitted? (In order to determine which rules were in place at the time) I.e. rather than the date it was approved.

i

Yes I understood that, but it was done by the company my husband is working in, they appointed a registered law firm to help him get the ICT Tier2 sorted out, so it is very difficult to assess the actual date of the application submitted.


Thanks ,
Regards,
A.

Any suggestions or help from anyone is much appreciated as I would like have answers to my above query.

Also when should we start the count of number of days, from the day the work permit was issued or the date we landed in the UK.

Please help because I want start the application process ASAP.

[vinny]

Your problem is that the date of the Tier 2 (Intra-Company Transfer) application may be significant in relation to 245CD(c)(viii).

[April01]

Your problem is that the date of the Tier 2 (Intra-Company Transfer) application may be significant in relation to 245CD(c)(viii).

Thanks Vinny for the quick response but can u elaborate as these rules get me more confused. Can u explain in simple plain English the point being made here.

Thanks,

Kind regards,
A.

[cs95tdg]

It's the same question or potential issue I have highlighted in my previous response below. The gist of it is that if your husband's Tier 2 ICT was not granted under the rules in place before April 2010, then that particular residence period may not be considered as part of his overall ILR residence. The effect of this is that then his ILR clock would begin on the date his Tier 1 General residence began on 23/06/2011 instead of 05/08/2008 (WP EC). So it would be key that you find out when that Tier 2 ICT application was submitted. You may want to contact that law firm to find out the details or if that's not possible raise a SAR. See http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

[April01]

It's the same question or potential issue I have highlighted in my previous response below. The gist of it is that if your husband's Tier 2 ICT was not granted under the rules in place before April 2010, then that particular residence period may not be considered as part of his overall ILR residence. The effect of this is that then his ILR clock would begin on the date his Tier 1 General residence began on 23/06/2011 instead of 05/08/2008 (WP EC). So it would be key that you find out when that Tier 2 ICT application was submitted. You may want to contact that law firm to find out the details or if that's not possible raise a SAR. See http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

Thanks for clarifying.

Regards
A

[cs95tdg]

Dear cs59tdg,

I have a few queries so I am doing a pm, as my case is pretty complicated according to me. We came on work permit to the UK on 19 aug 2008 and the work permit was issued on 16july 2008. Since when should we start calculating number of years for ILR qualifying period?

We got ICT tier 2 from 03/06/2010 to 03/09/2012.
Then we switched it to tier1 and the visa is valid from 23 june2011 to 23 june2013.

My husband's tier2 visa was issued in the month of September and he had qualified for in excess of 85 points for his tier 1general.

My husband is employed by the same company he was working for in UK since the last 4 years but since 23 July 2012, he has been working in India and has been coming to UK off and on like every 2 months for 2 weeks.

We have our own accomodation and are living in that and my husband has been visiting us.

His absence period is more than 180 days in this last year but it is because of work which he can prove and show by way of a letter obtained by his company.

Does he qualify for ILR? If so when is the earliest we can apply or should we look an extension of tier1 ?

Thanks,
Kindest regards,
A.

[cs95tdg]

If you haven't read the response I provided below, please do so. You appear to be asking the same question on eligibility again, without providing/finding out the answer to the question of when your husbands initial Tier 2 ICT application was made.

With regards to absences, you mention he has exceeded the 180 day annual threshold. Please read through (page 9) the following guidance to understand how absences should be calculated. Simply stating a total is not sufficient. You will need to count absences back from his ILR application date to determine whether he meets the annual threshold or not. Please bear in mind that with the immigration rule changes that came into effect in December last year, absences due to business/employment purposes are not considered exceptional, so will not be subject to discretion if the number exceeds the given threshold.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Also see the FAQ for ILR: http://immigrationboards.com/viewtopic.php?t=79378

It's the same question or potential issue I have highlighted in my previous response below. The gist of it is that if your husband's Tier 2 ICT was not granted under the rules in place before April 2010, then that particular residence period may not be considered as part of his overall ILR residence. The effect of this is that then his ILR clock would begin on the date his Tier 1 General residence began on 23/06/2011 instead of 05/08/2008 (WP EC). So it would be key that you find out when that Tier 2 ICT application was submitted. You may want to contact that law firm to find out the details or if that's not possible raise a SAR. See http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

[April01]

If you haven't read the response I provided below, please do so. You appear to be asking the same question on eligibility again, without providing/finding out the answer to the question of when your husbands initial Tier 2 ICT application was made.

With regards to absences, you mention he has exceeded the 180 day annual threshold. Please read through (page 9) the following guidance to understand how absences should be calculated. Simply stating a total is not sufficient. You will need to count absences back from his ILR application date to determine whether he meets the annual threshold or not. Please bear in mind that with the immigration rule changes that came into effect in December last year, absences due to business/employment purposes are not considered exceptional, so will not be subject to discretion if the number exceeds the given threshold.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Also see the FAQ for ILR: http://immigrationboards.com/viewtopic.php?t=79378

It's the same question or potential issue I have highlighted in my previous response below. The gist of it is that if your husband's Tier 2 ICT was not granted under the rules in place before April 2010, then that particular residence period may not be considered as part of his overall ILR residence. The effect of this is that then his ILR clock would begin on the date his Tier 1 General residence began on 23/06/2011 instead of 05/08/2008 (WP EC). So it would be key that you find out when that Tier 2 ICT application was submitted. You may want to contact that law firm to find out the details or if that's not possible raise a SAR. See http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

I'm not entirely sure your residence in the UK as a ICT Tier 2 Migrant can be counted for ILR, unless that leave was granted under the rules in place before 6 April 2010. Can you confirm whether you meet the following condition listed under the immigration rules? I.e. when was your ICT TIER2 visa application submitted?

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
....
(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.

It is around 6 June 2010 because i got a letter from the ukba to come for the biometrics dated on the 7 Aug 2010.

Thanks.

[cs95tdg]

It is around 6 June 2010 because i got a letter from the ukba to come for the biometrics dated on the 7 Aug 2010.

If this is correct, then according to my interpretation of the immigration rules his ILR clock would begin on 23/06/2011.

If you read the information I have provided in this thread you'll see that because his application was made after April 2010, then he wouldn't satisfy 245CD(c)(viii).