Tier 2 ICT post Apr 2010 - Route to ILR & job switch conditions



  • Dear moderator

    I have been in the UK since 2010 Sep with my current employer on a Tier 2 ICT Long Term category visa. I have renewed my visa continuously over the last 7 years and my current visa (which i renewed in Sep 2017 expires in Sep 2019 - a total of 9 years. I have stayed continuously san the occasional 2 to 3 weeks summer vacation to my home country,

    My questions are as follows

    1. I understand recourse to ILR for Tier 2 ICT is only valid for applications prior to Apr 2010. I fall in between Apr 2010 and Apr 2011. What option do i have for ILR
      a. Apply after 10 years as long term residence
      b. My child has also completed 7 years. Will that be enough grounds for me to apply for an ILR now (i.e, completion of 7 years)

    Also in 1.a above my visa is currently valid till Sep 2019. So i presume i have to extend for another 2 years , await until Sep 2010 and then apply for ILR via long term residence

    1. In terms of job switch to another organisation is it allowed in Tier 2 ICT Long term category

    Thanks
    Rakrish


  • Immigration Adviser

    Hi @Rakrish,

    I will answer your questions in turn:

    a. Provided that you initial Tier 2 (ICT) Entry Clearance visa was granted before 06 April 2011 and you have always extended your visa from within the UK you would be able to apply for settlement on the basis of Long Residency. You would need to extend your visa in September 2019 in order to meet 10 years long residency in 2020. Please note you can make the Long residence application up to 28 days before you meet the 10 year requirement.

    b. You would not be able to apply for ILR on the basis of your child living in the UK for the last 7 years. You would need to make a discretionary application for leave to remain in the UK as the parent of a child until you met 10 years residency.

    1. You would not be able to switch employers on your current visa. If you were to leave the UK and change employers you would need to wait 12 months before reapplying to enter the UK. This would then restrict you to a maximum time permitted on a Tier 2 (ICT) visa and result in you unable to apply for settlement.

    Kind Regards,


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