Tier 2 ICT - Tier 2 General; Is ILR possible?

[India_123]

Hi All,

I am currently in UK holding Tier 2 ICT established staff visa stamped on March 2011 and I am planning to switch to Tier 2 General visa with different sponsor. I want to know if there is any possibility for getting ILR with Tier 2 general. I read in UKBA site that tier 2 general can be initially granted for 3 years and then can extend for only another 3 years, no more extension after that. so is it possible to apply for ILR once I am in UK for 5 years with Tier 2 G visa? is it 5 years or 6 years to get ILR with Tier 2 G?

Thanks in Advance.

[manci]

Hi All,

I am currently in UK holding Tier 2 ICT established staff visa stamped on March 2011 and I am planning to switch to Tier 2 General visa with different sponsor. I want to know if there is any possibility for getting ILR with Tier 2 general. I read in UKBA site that tier 2 general can be initially granted for 3 years and then can extend for only another 3 years, no more extension after that. so is it possible to apply for ILR once I am in UK for 5 years with Tier 2 G visa? is it 5 years or 6 years to get ILR with Tier 2 G? yes, you will be eligible to apply after 5 years on T2G but the requirements for ILR will be different from 2016 onwards, namely you will have to earn min £35k. See the guidance:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Thanks in Advance.

[India_123]

Thanks for the reply Manci.

[ashok_sethu]

Hi

I came to UK on Feb 2011 as a Tier 2 ICT. after one year got extension for 2 years as Tier 2 ICT Long Term. Need to do extension on Feb 2014 again.

My Question
1) If I extend in the same category as Tier 2 ICT Long Term for another two years am i eligible for ILR in Feb 2016?

2) If i change my sponsor and change my catagory as Tier 2 General. Do I eligible for ILR if yes does my stay on Tier 2 ICT will count for ILR or I have to wait again for another 5 years

Regards
Ashok

[manci]

Hi

I came to UK on Feb 2011 as a Tier 2 ICT. Established Staff after one year got extension for 2 years as Tier 2 ICT Long Term. Need to do extension on Feb 2014 again.

My Question
1)
If I extend in the same category as Tier 2 ICT Long Term for another two years am i eligible for ILR in Feb 2016? no

2)
If i change my sponsor and change my catagory as Tier 2 General. Am I eligible for ILR yes
if yes does my stay on Tier 2 ICT will count for ILR no b] or I have to wait again for another 5 years yesRegards
Ashok

[ashok_sethu]

Thanks Manci for the reply.

Is there any salary limit for my category to apply for ILR in Feb 2016?

Do you have any documents or any website link to refer this or any home office document.

Once again Thank you very much

Regards
Ashok Kumar S

[khansameer]

Hi ,

Firstly apologies for posting on this thread as my queries were around these lines i thought of posting here rather than creating a separate thread.

Based on the query by Ashok, since he came on Tier 2 ICT Established Staff after the rules place on 6 April 2010 how can he apply for an ILR ?

My understanding was that only route applicable for ILR for Tier 2 ICT Established Staff after 2010 and before 2011 was to change sponsor. With the same sponser he wont be able to apply for an ILR. Is this understanding incorect ?

Kind Regards,
Khan

[manci]

The reply to ashok_sethu has been edited, please see above

[venkatasureshs]

Hi,
I have a question on my switching to Tier2 General and eligibility to Apply ILR based on my existing Tier2 ICT leave.

I got my Tier2 ICT visa granted in Mar 2010 , however i have landed UK in June 2010 and stayed here for last 3.5 years. Currently looking to convert to Tier2 General .
Can you please advise if my stay on Tier2 ICT counts towards my ILR? that means Can i apply for ILR in May 2015 if i apply on Tier2(General) with my 3.5 years spent on tier2 ICT.

Please advise

[manci]

Hi,
I have a question on my switching to Tier2 General and eligibility to Apply ILR based on my existing Tier2 ICT leave.

I got my Tier2 ICT visa granted in Mar 2010 , however i have landed UK in June 2010 and stayed here for last 3.5 years. Currently looking to convert to Tier2 General .
Can you please advise if my stay on Tier2 ICT counts towards my ILR? yes that means Can i apply for ILR in May 2015 if i apply on Tier2(General) with my 3.5 years spent on tier2 ICT. yes
Please advise

[venkatasureshs]

Thanks Manci for the prompt response.

[vijaytier2ICT2010-11]

Hi, I have been granted T2 ICT long term established staff category in Nov 2010 and want to switch to Tier 2 General to 'same sponsor'. My queries below:

1. Is it possible to switch to T2 ICT to T2 General with same sponsor? If yes, Would I be eligible for ILR being on same sponsor or not?
2. If yes, do i need to spend another 5 yrs or my tier 2 ICT spent 2.11 yrs be counted?
3.If not possible to switch with same sponsor and I get another sponsor for T2 General, Would my 2.11 years spent on ICT be counted for ILR or wait for 5 yrs on T2 General?
Any UKBA link for reference this would help.

Thanks for the help.

[manci]

Hi, I have been granted T2 ICT long term established staff category in Nov 2010 and want to switch to Tier 2 General to 'same sponsor'. My queries below:

1. Is it possible to switch from T2 ICT to T2 General with same sponsor? no If yes, Would I be eligible for ILR being on same sponsor or not?
2. If yes, do i need to spend another 5 yrs or my tier 2 ICT spent 2.11 yrs be counted?
3.If not possible to switch with same sponsor and I get another sponsor for T2 General, Would my 2.11 years spent on ICT be counted for ILR no or wait for 5 yrs on T2 General yes ?
Any UKBA link for reference this would help.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Thanks for the help.

[vijaytier2ICT2010-11]

Hi Manci, Thanks a lot for the response. Would you be able to help me to any specific point in the 'Tier 2 of the Points Based System – Policy Guidance' document link provided by you where I can refer that its not possible to switch from T2 ICT to T2 General with same sponsor. I have to make further decisions accordingly. Thanks again for the help.

[manci]

para 15

[avipul]

Hi, I have been granted T2 ICT long term established staff category in Nov 2010 and want to switch to Tier 2 General to 'same sponsor'. My queries below:

1. Is it possible to switch from T2 ICT to T2 General with same sponsor? no If yes, Would I be eligible for ILR being on same sponsor or not?
2. If yes, do i need to spend another 5 yrs or my tier 2 ICT spent 2.11 yrs be counted?
3.If not possible to switch with same sponsor and I get another sponsor for T2 General, Would my 2.11 years spent on ICT be counted for ILR no or wait for 5 yrs on T2 General yes ?
Any UKBA link for reference this would help.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Thanks for the help.

Hi

I am in UK since Jul 2013 on T2 ICT Short term visa. My wife is on dependant visa, preparing for PLAB. I have been following this forum for the various options for extending stay in UK post July-2014:

1. Can I apply for converting to ICT Long term visa from within UK? If no, can I do that from India? Does a cooling off period apply in this case?
2. In case my employer doesn't sponsor my ICT Long term, can I apply for T2 General from India (of course I will need a sponsor)? Does a cooling off period apply in this case?
3. Can my wife apply for T2 General visa from within UK in July 2014? If no, can she do that from India? Does a cooling off period apply to her? Can I accompany her on T2 General Dependant visa? Does a cooling off period apply to me in this case?

Thanks in advance
Vipul

[tier2uk]

Hi Manci,

Nice to see your response. I am currently on Tier 2 ICT from Dec 2012 and my visa is valid till Nov 2014.
1. Can I change to Tier 2 General with the Same Sponsor?
2. If not, there is a restriction of 5 Years in Tier 2 ICT Long term category. How can I avoid this rule impacting me? Should I change the sponsor and the category as well?
3. If I change to Tier 2 General would I be eligible for ILR in 2017?

Thanks

[manci]

Hi Manci,

Nice to see your response. I am currently on Tier 2 ICT from Dec 2012 and my visa is valid till Nov 2014.

1. Can I change to Tier 2 General with the Same Sponsor? no, you cannot switch to T2G in-country either with the same or a different sponsor

2. If not, there is a restriction of 5 Years in Tier 2 ICT Long term category. How can I avoid this rule impacting me? Should I change the sponsor and the category as well? the rule is the rule, you cannot avoid it impacting on you if you stay on T2 ICT. The alternative is to leave the UK, serve the 1 year cooling-off period and then apply for T2G provided you have a CoS from any licenced sponsor.

3. If I change to Tier 2 General would I be eligible for ILR in 2017? if you change to T2G after having served the 1 year cooling-off period you will be eligible for ILR 5 years after you arrived in the UK with T2G leave- at least that is the situation under present rulesThanks

[tier2uk]

Thanks Manci for the quick response.

I've another quick question. Incase if would want to extend my visa beyond 3 years (upto 5 years) is the salary requirement £152,100?
or would it be £40K ?

[manci]

Thanks Manci for the quick response.

I've another quick question. Incase if would want to extend my visa beyond 3 years (upto 5 years) is the salary requirement £152,100?
or would it be £40K ? for the extension you will need a new CoS and a minmum salary of £40,600, or the minimum corresponding to the job SOC code, whichever is higher. This is the current rule but of course it may change by the time your extension comes up

[/color][/b]

[avipul]

Hi Manci,

Nice to see your response. I am currently on Tier 2 ICT from Dec 2012 and my visa is valid till Nov 2014.

1. Can I change to Tier 2 General with the Same Sponsor? no, you cannot switch to T2G in-country either with the same or a different sponsor

2. If not, there is a restriction of 5 Years in Tier 2 ICT Long term category. How can I avoid this rule impacting me? Should I change the sponsor and the category as well? the rule is the rule, you cannot avoid it impacting on you if you stay on T2 ICT. The alternative is to leave the UK, serve the 1 year cooling-off period and then apply for T2G provided you have a CoS from any licenced sponsor.

3. If I change to Tier 2 General would I be eligible for ILR in 2017? if you change to T2G after having served the 1 year cooling-off period you will be eligible for ILR 5 years after you arrived in the UK with T2G leave- at least that is the situation under present rulesThanks

Hi Manci,

Your comment on #2 seems to indicate that a cooling off period applies if one applies for T2G after T2 ICT. Can you pls point out the link for arriving at this conclusion? As far as I have understood from UKBA site, the cooling off period only applies if one applies for another ICT visa. Here is an excerpt from T2 PBS Guidance (Page 12)-

Please note that for those who had successful applications for leave in one of the following categories:
• a Tier 2 (Intra-Company Transfer) applicant in the Skills Transfer sub-category will be granted leave for no longer than 6 months; at which point you must leave the UK and you will not be able to re-apply for further leave under an Intra-Company Transfer category (other than in the Long Term Staff sub-category or if you will be paid an annual gross salary of £152,100 or higher) until 12 months after your last leave as an Intra-Company Transfer expired or 12 months after you left the UK, whichever is sooner.
• a Tier 2 (Intra-Company Transfer) applicant in the Short Term Staff or Graduate Trainee sub-categories will be granted leave for no longer than 12 months; at which point you must leave the UK and you will not be able to re-apply for further leave under an Intra-Company Transfer category (other than in the Long Term Staff subcategory or if you will be paid an annual gross salary of £152,100 or higher) until 12 months after your last leave as an Intra-Company Transfer expired or 12 months after you left the UK, whichever is sooner.
• a Tier 2 (Intra-Company Transfer) applicant in the Long Term Staff sub-category will be granted leave up to 3 years with the possibility of extending for a further 2 years. You will not be able to extend your stay beyond 5 years (or 9 years for any staff earning £152,100 or more) and you will not be able to re-apply to return to the UK under an Intra-Company Transfer category until 12 months after your last leave as
an Intra-Company Transfer expired or 12 months after you left the UK, whichever is sooner, unless you will be paid an annual gross salary of £152,100 or higher.

[zoko37]

avipul,

Please see page 9 and page 10 of Tier 2 guide (switching into T2G)

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

'Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted entry clearance under the rules in place after
6 April 2011 cannot switch into Tier 2 (General).'

[manci]

[Your comment on #2 seems to indicate that a cooling off period applies if one applies for T2G after T2 ICT. Can you pls point out the link for arriving at this conclusion? As far as I have understood from UKBA site, the cooling off period only applies if one applies for another ICT visa. Here is an excerpt from T2 PBS Guidance (Page 12)-

see Immigration Rule 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[prati]

Hi,

Can you please clarify the below points .

1. am i eligible for ILR in 2015

As i have continuous visa from 03/2007 onwards as per below details.

Applied extension in UK on Nov/2013.

Visa Tier2 (ICT) Established Staff ( Applied in India ) 10/11/2010 - 19/12/2013,
Limited Leave to Remain(Extension in UK) 13/11/2008 - 31/12/2010,
Work Permit visa ( Applied in India ) 05/03/2007 - 31/12/2008,

I have stayed in UK as below period .

2. If i change to Tier 2 general does my ICT period 3 years will count for ILR ?

thanks,
prati

[manci]

1.
http://www.immigrationboards.com/viewto ... highlight=
2.
no