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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi My name isXXXXX am based in Leeds. I am on Tier

Resolved Question:

Hi

My name isXXXXX am based in Leeds. I am on Tier 2 ICT Visa. I came to UK on 13th December 2009. I wanted to know whether I am eligible for PR / ILR.

Initially I got a visa for 3 years that is from December 2009 to January 2013. I got my visa extended in September 2012 and got an extension till 26th November 2014.

I will be completing my 5 years in the UK on 13th December 2014. Also till date I have never been out of UK for more than 6 months.

I wanted to know when I can apply for my ILR as my current visa expires on 26th November 2014.

Also if suppose I change my current employer within next month and shift onto Tier 2 General visa, will this have any effect on my PR?

If I have to shift to tier 2 general visa do I have to go back to my host country and apply from there or can i apply from within the UK?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Likin,

There is good news.

As your ICT visa was first granted under rules in place before April 2010, you are eligible for settlement (indefinite leave to remain) 28 days before 13 December 2014.

I would suggest that you apply for indefinite leave to remain in the UK using form SET(O) anytime after 16th November 2014 but your current visa expires on 26/11/2014.

You may switch to Tier 2 general but as there is not long to go before you will make your ILR application in a few months time, I would suggest that you remain with your current employer until you get your ILR and then you will be free to change employment as you wish without worrying about any visas.

Hope this helps

Customer: replied 3 years ago.

Hi UKSolicitorJA,


 


Thanks for the reply!!.Thats indeed a good news.


 


I have few more queries:-


 


1- If I have to shift to tier 2 general visa do I have to go back to my home country ( India ) and apply from there or can I apply from within the UK?


 


2- Also as you said that I would be eligible for applying for an ILR after 16/11/2014 but my curent visa expires on 26/11/2014.So would there be any problems/concerns around this? I want to know the details.


 


3- My wife is currently dependent on me and is on tier 2 ICT Long term staff partner visa.She came to UK on 18/11/2012.If i have to switch to tier 2 general visa can she also apply for a dependent visa along with me within the UK itself.


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
Welcome.

1) you can switch from within the UK

2)no problems here. You should apply for ILR before your current visa expires, by law, you are entitled to apply for ILR 28 days before the 5 years are up;

3) yes.

Hope this answers your queries. Please take a second to rate my answers and if you have any further queries, you may open a new question asking for me to answer only.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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