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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello There I came to UK on Tier 2 Visa ICT Long term staff

Customer Question

Hello There

I came to UK on Tier 2 Visa ICT Long term staff Partner..
I and my husband came to UK on 1 Dec 2012

after 5 years.. will we be eligible for ILT?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The only Tier 2 Intra company transfer visa holders that can be eligible for Indefinite Leave to Remain are those who applied before 6 April 2010. They removed Tier 2 ICT eligibility for ILR for new applicants after this date.

If you applied/entered in December 2012 then this is obviously after this date and therefore you would not be able to apply for ILR. If you were to attempt to apply then they would simply retain the application fee and reject the application.

I really am very sorry but it’s better that you know the legal position on this.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

hi again,


 


so there is no way or exemption for that, even for special nationalities like syrian considering the situation in our country?


if I changed my Visa to Tier 1 Visa or Asylum, will the 1.5 years be counted or will start from 0 again?


 


i there any other type of Tier 2 Visa we can be on?


 

Expert:  Thomas replied 3 years ago.
Hi

I will be able to answer at 9am.

Kind regards

Tom
Customer: replied 3 years ago.

ok I will be waiting for the reply

Expert:  Thomas replied 3 years ago.
Hi,

I'm afraid there is no exemption which allows you to apply for ILR after your current visa.

You are also not permitted to switch in to tier 2 general.

If you make an asylum application then this is different and you would not be able to count the time spent on your current visa.

Tom
Customer: replied 3 years ago.

and not permitted to switch to Tier1?

Expert:  Thomas replied 3 years ago.
Hi,

Sorry, yes, I believe you can switch in to tier 1 entreprenuer from ICT.

Tom
Customer: replied 3 years ago.

Thanks for your reply and the count will be reset and start again because we changed the Visa type? or the last years will be counted

 

do I need to go through a lawyer to do the change?

 

I know the minimum investment is 50,000 GBP, can two person share this amount or this should be per person?

Expert:  Thomas replied 3 years ago.
Hi,

The count will be reset. Your years would not be counted.

It's not a legal requirement to instruct a solicitor but it is advisable.

It's £50, 000.00 only in some circumstances:-https://www.gov.uk/tier-1-entrepreneur/access-to-50000-investment-funds

IN all other circumstances, it#s £200, 000.00:-
https://www.gov.uk/tier-1-entrepreneur/access-to-200000-investment-funds

It can either be held by the applicant or made avialable to them by third parties (eg husband / wife).

Kind regards


Tom
Customer: replied 3 years ago.
Hi again
So if I'm on tire 1 entrepreneur 200,000 can I still work in my current company or only in my own company?
Expert:  Thomas replied 3 years ago.
Hi,

I'm afraid that this is a separate question. I have already answered your original question and if you wish for me to answer this then please submit a further question to the board requesting me via my profile.

Kind regards,

Tom

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