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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I am on a tier 2 ICT from May 2013 in this country. I am due

Resolved Question:

I am on a tier 2 ICT from May 2013 in this country. I am due for my visa renewal in the next 2-3 months and my employer is saying that in 2018, they will transfer me to general visa which would allow me to stay here on ILR from 2022 onwards. However, I am looking for some faster way of getting on the ILR path. My 2015-2016 taxable income will be more than 155K, which someone told me makes a difference. My question is: what are the options I have right now to shorten my cycle time to get an ILR under the current law structure? Thank you!
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The first thing to realise is that after five years on a Tier 2 Inter Company Transfer visa, you can apply for settlement, or permanent residency in the UK. So, in may, 2018, you can apply to live permanently in the UK AND no longer have to make any further application for a visa. Should you stay in the UK for one additional year, then you can apply for UK citizenship. So too can the dependent members of your family, such as your wife, so long as they have lived in the Uk for five years.
Expert:  Buachaill replied 1 year ago.
2. So, you need to realise that whatever was told to you about 2022 ILR is not the law in the uk. Additionally, the fact your income is over £152,500 is only relevant if you were applying for Tier 2 General category, in that the number of visas issued for this income level is not restricted.
Expert:  Buachaill replied 1 year ago.
3. The other thing you need to realise is that five years living in the UK BEFORE settlement is standard for all non-Uk nationals. There is no way of shortening this period. The one exception would be if you had married an English woman. Then after 3 years of marriage, you would gain the right to settlement. But everyone else must spend five years on a visa in the UK before they gain settlement and permanent residency.
Expert:  Buachaill replied 1 year ago.
4. So, my advice to you is to sit tight and continue to work for your current employer. You will soon become permanently resident in the UK in 18 months time. So keep your employer happy. Once you have permanent residency, then you can decide who you want to work for, as you will no longer be tied to one employer.
Expert:  Buachaill replied 1 year ago.
5. Please Rate the Answer as otherwise your Expert does not receive any part of the money you have paid the website, so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
So, just confirming, even if I have work permit ICT issued to me in 2013, I can apply for an ILR in 2018, even though the immigration rules have changed in 2012?
Expert:  Buachaill replied 1 year ago.
6. What immigration rules changed in 2012? I am afraid you have got some mistaken view of the law.
Expert:  Buachaill replied 1 year ago.
7. I am telling you what the law is in 2015. That is what is important.
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