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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 There My Current visa T2 Intra company Transfer Long

Customer Question

Hi There My Current visa T2 Intra company Transfer Long Term expires on 29-Jun-2014. I entered UK on 20-Jan-2011 under Tier 2- Intra company Transfer Established Staff Visa with Start date 30-Dec-2010 end date 27-June-2012. I have undergone extension twice since then 1. 28-07-2012 to 11-01-2013 under T2 ICT Long Term Leave to remain 2. 14-2-2013 to 29-06-2014 from with in UK as T2 ICT Long term leave to remain. thereby maintaining a period of continuous stay from 20 Jan 2011 to till date. My company is ready to file for my extension further , and exploring ways to allow me ILR . Is there any route through which I can apply for ILR or switch to T2 General from within UK with / without changing my sponsor.


Some more details .. I am an Indian National aged 37 years with B tech degree in electronics and currently working as SAP prj mgr.Please advise.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How much do you earn per annum?
Customer: replied 2 years ago.

I earn more than 40k throughout.

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am afraid you are not permitted to switch into Tier 2 General as your current Tier 2 ICT Long Term Staff leave was granted after 6th April 2011.

See page 13 of this Home Office guidance:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/301815/Tier_2_v15.0EXT.pdf

Sorry, but I can only advise you truthfully.
Customer: replied 2 years ago.

Many thanks for the answer but my question is there any route through which I can qualify for the ilr ? If My company is ready to support anyways like salary increase or visa type change.

Expert:  UKSolicitorJA replied 2 years ago.
You may apply for ILR once you have been here for 10 years lawfully with leave to remain in any category.

The total limit under your current visa is 5 years (or 9 years if you will be earning more than 153,500 pounds), so if you get 9 years leave, you will be eligible for ILR after being here for 10 years.

Hope this helps
Customer: replied 2 years ago.

Hello, Many thanks for the response. My query is around getting an ILR and I think I should give you more information to enable you to help me.

I understand on my current visa, I can no way qualify for ILR. However, can you confirm if we work on below plan then can I qualify for ILR or not ?
My wife is also working in UK and likely to get her ICT Tier 2 visa long term till end of next year 2015.
Step 1 : If close my current T2 assignment and go back to India.
Step 2 : Apply for a dependent visa and come to UK and work for next 12 month as dependent while I am serving cooling off period
Step 3 : After 12 month of cooling off period in UK as dependent of my wife, I go back to India to get my Tier 2 General category visa for 6 years
Step 6 : Come back to UK and start working on Tier 2 General category for 6 years

Would above working on ICT general category visa qualify me for applying ILR ?

Expert:  UKSolicitorJA replied 2 years ago.
Yes, that sounds like a feasible plan for ILR as Tier 2 General qualifies for ILR after 5 years in the UK in that category.

However, please be aware that immigration rules may change in the future and there is no guarantee that ILR will be available when you apply in a few years time.

Hope this helps

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