ILR Tier 2 ICT

To qualify for indefinite leave to remain as a Tier 2 (Intra-Company Transfer) or ILR Tier 2 ICT Migrant , an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (Intra-Company Transfer) Migrant, in any combination of the following categories:

(i) as a Tier 2 (Intra-Company Transfer) Migrant,

(ii) as a Qualifying Work Permit Holder, or

(iii) as a representative of an overseas Business.

(c) The continuous period of 5 years referred to in paragraph (b) must include a period of leave as:

(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

(d) The sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must certify in writing that:

(i) he still requires the applicant for the employment in question, and

(ii) he is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J.

(e) The applicant provides the specified documents in paragraph 245GF-SD to evidence the sponsor’s certification in subsection (e) (ii) and to evidence the reason for the absences set out in paragraph 245AAA.

(f) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the date the application is made.

(g) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

Same Day Visa Service For ILR Tier 2 ICT

We are registered with the Home Office, UKBA, Public Enquiry Office (PEO), Croydon to provide Same Day Visa Service for Indefinite Leave to Remain (ILR) as a Tier 2 ICT: Long Term Staff. We can prepare and submit your Indefinite Leave to Remain (ILR) application to the Home Office, UKBA, Public Enquiry Office (PEO), Croydon and get quick decision on your ILR application as a Tier 2 ICT Migrant. As the ILR – Tier 2 ICT application requires the biometrics of the applicant to be enrolled, therefore you will have to attend the Home Office, PEO, Croydon along with our legal representative in order to enroll your biometrics. Our legal representative will accompnay you to the Home Office, PEO, Croydon and assist you with the enrollment of your biometrics and the submission of your application. The application submitted through our Same Day Visa Service is usually decided either same day or within 24 hours unless application is retained for further enquiries.

It is very important to us before you submit your Tier 2 ICT visa application knowing we have confirmed your level of skills, qualifications etc.

Dependants Of Tier 2 ICT Migrant

A dependant is:

  • your husband, wife or civil partner; or
  • your unmarried or same-sex partner; or
  • your child aged under 18 years old.
  • Your dependant children can be over 18 years old if they are in the UK now as dependants.

If you are the partner or dependent child under 18 of a migrant who is in or coming to the UK under Tier 2 ICT category, you can apply for a visa to join them in the UK. The Home Office, UKBA will grant leave in line with the expiry date of the Tier 2 ICT Migrant’s visa.

Entry Clearance As PBS Dependent Of Tier 2 ICT Migrant

In order to be granted entry clearance as a spouse, civil partner, unmarried or same sex partner, the family member and the main applicant must be aged 18 or over on the date he/she is due to arrive in the United Kingdom.

In order to be granted entry clearance as a child of Tier 2 ICT Migrant, the child must be under the age of 18 on the date of entry clearance application.

Switching Into PBS Dependant Visa As A Dependant Of Tier 2 ICT Migrant

Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into PBS Dependant of Tier 2 ICT Migrant from inside the UK unless:

  • you were last granted leave to enter or remain as a visitor; or
  • you are on temporary admission or temporary release.

From the above, it is clear that anyone who is not in the UK on a visitor visa or an overstayer with Temporary Admission in the UK can switch into PBS Dependant of Tier 2 ICT Migrant from inside the UK.

In order to apply for leave to remain as the child of a PBS migrant, the child must be under the age of 18 on the date of application. Where the child is aged 18 or over he/she must have, or have last been granted, leave as the family member of a PBS migrant or someone applying at the same time for leave as a PBS migrant.

We can provide same day visa service for the PBS Dependant visa application whereby the PBS Dependant visa application will be decided in one day.

Extension Of Stay As PBS Dependant Of Tier 2 ICT Migrant

If you are already in the UK on visa as a PBS dependant of a Tier 2 ICT Migrant, you can seek extension of stay when the Tier 2 ICT Migrant is either seeking extension of stay or applying for Indefinite Leave to Remain (ILR). Certain PBS dependants of Tier 2 ICT Migrants cannot apply for ILR at the same time as the main applicant due to not meeting the residential requirements and therefore they have to apply for extension of stay when the Tier 2 ICT Migrant is applying for ILR as a Tier 2 ICT Migrant.

ILR As PBS Dependant Of Tier 2 ICT Migrant

A person who was granted PBS dependant visa as a dependant of a Tier 2 ICT Migrant under the rules in place before 9 July 2012 can apply for ILR as a PBS dependant of Tier 2 ICT Migrant if he has lived in the UK for two years on PBS dependant visa and the main applicant is either applying for ILR at the same time or has already been granted ILR as a Tier 2 ICT Migrant. A person who was granted PBS dependant visa as a dependant of a Tier 2 ICT Migrant under the rules in place from 9 July 2012 can apply for ILR as a PBS dependant of Tier 2 ICT Migrant if he has lived in the UK for five years on PBS dependant visa and the main applicant is either applying for ILR at the same time or has already been granted ILR as a Tier 2 ICT Migrant.

Funds For Maintenance

One of the requirements for family members of Points Based System Migrants is that he/she must be able to support themselves without recourse to public funds. This requirement is satisfied by showing funds for maintenance for last 90 days before the date of the application.

If the Tier 2 ICT Migrant is outside the United Kingdom or has been present in the United Kingdom for less than 12 months, each family member of the Tier 2 ICT Migrant must show that he/she, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1800 to support him/her; this is in addition to any funds the Tier 2 ICT Migrant needs to prove he/she has enough money to support himself/herself.

If the Tier 2 ICT Migrant has been in the United Kingdom for 12 months or more, each family member of the Tier 2 ICT Migrant must have £600 to support himself/herself.

It is very important to us before you submit your Tier 2 ICT visa application knowing we have confirmed your level of skills, qualifications etc.

Call us today on 0207 237 3388 or book in a consultation to get your ICT visa assessment done.