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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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I am staying in the UK from 2010. My VISA Application was made

Resolved Question:

I am staying in the UK from 2010. My VISA Application was made on 6th April 2010. i want to know if i am eligible for ILR?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
What is your nationality and what type of visa have you been on and when does it expire?
Customer: replied 3 years ago.

Hi,

My Nationality is INDIAN. I am on a Tier 2 ICT Visa. Further details are as below:


CoS Date: 29 March 2010


CoS Date assigned: 29 March 2010

CoS Expiry date: 30 June 2010


VISA Staming Date - 20/05/2010

VISA Type - VISA Tier 2 (INT COM TRAN) MIGRANT C2I3W53375E

Visa application Date submitted in VFS Office - 6th April 2010.

Initially my application was rejected, but my company challenged the decision and i was granted the entry on same application.

Further i have has 2 extensions of 2 years each. My Current VISA is valid till 2016.
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.
Unfortunately, you do not qualify for ILR as Tier 2 ICT migrants qualify only if they came here under the rules in force before 6th April 2010. As your application was lodged on this date, it would not have been processed under the rules in force before that date.
However, if you continue being here for 10 years lawfully, then you would qualify for ILR under the long residence rules.
May I help further?
Customer: replied 3 years ago.

Hi, I was of the same view, but i also came to know that since my VISA Type on the initial VISA says 'Tier 2 ICT Migrant <COS Number>' , it would have been granted under rules before 6th April 2010.

Is that incorrect? if so, what is the difference between my VISA Type and others who just got the VISA after me and they were granted VISA as 'Tier 2 ICT Established Staff'

Expert:  UKSolicitorJA replied 3 years ago.
It seems to have been issued in error as the main issue is that you applied on 6 April 2010.
However, I think you may get lucky if you simply proceed to apply for ILR after 5 years as if your visa was issued before the rule changes of 6 April 2010. The worse case scenario is you lose the ILR application fee, the best case scenario is you get ILR.
May I help further?
Customer: replied 3 years ago.

Thanks. So it means if VISA Type says 'Tier 2 ICT Migrant', it implies Visa granted under rules before 6th April 2010?

Will SAR be able to give more clarification on this,if its an error or in accordance to rules?

Also, please confirm if it is the Date of submission of application in VFS which is taken into account or CoS Date can also be considered?

My 5 years will be completing in May 2015, when i can file ILR?

The rule which states a Tier 2 ICT visa holder can stay for only max of 5 years. Does that apply to me?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, that would be the implication but if the caseworker makes a check and sees that you applied on 6 April 2010, then that assumption will not work for you.
it is the VFS application date which is relevant for you, not cos date.
You may lodge the application 28 days before your 5th anniversary in the UK
No, those rules do not apply to you as they came into force on 6 April 2011 and you were here before that date.
Please leave feedback
Customer: replied 3 years ago.

Thanks.

Lastly, can you please guide, if my date of entry in UK be of any issue for this 5 yr rule. I entered UK on 30-05-2010.

So will the 5 yr count will start from VISA Stamping Date(21-05-2010), VISA Application Submission or Entry in UK.

Expert:  UKSolicitorJA replied 3 years ago.
In that case entry into the UK would be the relevant date not visa start date.
Customer: replied 3 years ago.

Sorry for the confusion, but will the VISA start date be relevant for 5 year count or for eligibility?

Expert:  UKSolicitorJA replied 3 years ago.
The visa start date is not relevant for either 5 year start of count or for eligibility.
Hope this clarifies
Customer: replied 3 years ago.

Ok. Just to clarify, date of entry is relevant for counting 5 yrs in country and visa application date is relevant to check under which rules visa was granted and hence eligibility.

Expert:  UKSolicitorJA replied 3 years ago.
That is correct.
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