If you are currently living and working in the UK on a Tier 2 ICT (Intra-Company Transfer) Visa and have spent a considerable amount of time in the UK then you may be wondering as to whether you are entitled to apply for Indefinite Leave to Remain (ILR) in the UK. In this article we will look at the Tier 2 ICT Visa in a little more detail and help you to figure out what your eligibility is for long-term stay in the UK.
The Tier 2 ICT Visa was designed so that companies could redeploy their staff to the UK in order for them to continue working in the business but in a different country. The idea has been very successful and up until 2010 the holders of a Tier 2 ICT Visa were allowed to use their time gained in the UK to put towards their 5-year ILR allowance. Since 2010 the situation has changed and you can no longer gain automatic rights to Indefinite Leave to Remain (ILR) from a Tier 2 ICT Visa.
It is unclear as to why the rules changed, but in general the last decade has seen a stiffening of Britain's rules on immigration and the Tier 2 ICT Visa was one of the unfortunate casualties of such changes. It has dramatically reduced the likelihood of people choosing to come to the UK on the route and potentially has damaged the UK's prospects by making other countries a more lucrative target for Inter-Country transfers.
You eligibility to apply for Indefinite Leave to Remain (ILR) from a Tier 2 ICT Visa will depend upon when you first received it. If it was issued before the 6th of April 2010 then you will be eligible to use the time that you have built up on your Tier 2 ICT Visa to apply for Indefinite Leave to Remain (ILR) in the UK. If you were issued your Visa after the 6th of April 2010 then you will not be entitled to use the time that you have built up in the UK to go toward an application for Indefinite Leave to Remain (ILR).
In this situation you have a few options. If you want to remain with your current employer, you will need to accept the fact that you are not going it be able to gain Indefinite Leave to Remain and will have to accept that you will just need to keep extending your visa. If you do choose this route then you need to be aware that you will always be at the mercy of your employer and if they make significant changes to your role then you could end up losing your right to be in the country.
Your other option would be to seek alternative employment with a Tier 2 Sponsor Licence Holder and switch to a Tier 2 General Visa. This is the usual route for those who are stuck in the awkward position of not being able to apply for Indefinite Leave to Remain (ILR) due to being on a Tier 2 ICT Visa. You could, if eligible, swap to a Tier 1 Entrepreneur or Tier 1 Investor Visa if you match the eligibility criteria for either of those routes.
Unfortunately this is one of the worst possibilities of the Tier 2 ICT Visa. If there are significant changes to your conditions then you may well lose the right to remain in the country and will need to return to your country of origin. If you are facing this possibility then please get in touch and we may be able to help with your situation by assessing your case and hopefully being able to offer some alternatives.
In general you may have the option of switching to another visa before having to leave the country, but you aren't likely to have long to do it. It is imperative that you sort this situation as soon as possible as to prevent being removed from the country and your future prospects of coming back to the UK will be affected.
If you are eligible for Indefinite Leave to Remain (ILR) from your pre-2010 visa then you will need to make an application to UKVI. You will need to provide the proof that is required in the application guidance and pay the appropriate fee. Once you have sent back your application it is likely that you will wait some time for an update and you would be best advised to give UKVI at least 12 weeks before contacting them about your application.
Once your Indefinite Leave to Remain (ILR) application has been accepted you will need to remain in the country for at least 12 months. Once you have built up this 12 month period you will be eligible to try and become a British citizen. For more information on becoming a British citizen get in touch and we will be able to help you.
If you need any more help with the Tier 2 ICT Visa or indeed any other immigration query then please get in touch. Our immigration solicitors are experts in their field and can offer practical advice and help in almost any situation. So to get started with our services please give us a call today.
Tier 1 Investor Visa - Business Immigration
Investing
over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1
investor immigration lawyers that we'd be picking
has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they
were able to get us not only the Tier 1 investor visa but
also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and
Naturalisation
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free
immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of
quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was
relatively convinced
he could win it. That made me quite secure. To be honest, things did not start as quick as I would
have wanted, but they kept on communicating the process and state of things
to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative.
Their fee was fair and reasonable, especially if you compare them to other law firms and immigration
law firms in London; some of whom even told me that i would not be able to get an indefinte leave to
remain in this country.
The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not
sure which law firm
i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss
Edwards and i must confess that
i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really
knew what they were doing. They were fully
aware of what documents I needed and it was easy for them to tell if my case was going to be easy or
not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is
looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
Fantastic Solicitors!!!
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days
to leave the country.
We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the
list of documents
for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We
followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We
can't recommend them enough and we have promised ourselves never to make any more UK visa applications
without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in
and around UK immigration law is quite extensive; be sure that you application is in safe and
competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1
on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application
was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone
who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife�s UK settlement visa. They acted with utmost
professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration
solicitor and he is one of the best solicitors out there. He ensured that there was little to no room
for error. At some point I thought he was over cautious. He remained calmed and continued to assure us
on our immigration matter. Most people in his position would have panicked but he was calmed and
continued to assure us. We received out positive outcome very quickly.
Cheap Immigration Lawyers in London
I have been using Reiss Edwards for three years now for my family's immigration application. Both for
my initial application and extension. They are really affordable. The team of solicitors at this firm
are probably one of the most efficient and economical in terms of cost. They offered free advice over
the phone and spent good time with us before inviting us for consultation.
Top Notch Immigration Service
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and
also the list of documents they sent was efficient and top quality. They helped us professionally
throughout the process. We are very happy with the immigration advice we received from the team. We
highly recommend them.
Best Immigration Solicitors
I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family.
It was an EX1 application. They dealt with the matter properly and even when complications were coming
up from the Home Office, they helped resolve the issue properly. They are very professional and are
very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
visa
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss
Edwards is nothing short
of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014
and did my husband's one
very recently including my daughter. Every time i have approached them, they have continued to treat
me with courtesy,
respect and patience. Amar was indeed a very thorough and professional gentleman. He is very
knowledgeable, corporative and
engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could
not have asked for a better
Immigration service. I would recommend them over and over again for anyone looking for an immigration
advice.
They gave me a free immigration advice when i called them, and the quality of the advice was something
other charge thousands for.
If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional
gentleman.
He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be
using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present
and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case
did not suffer one bit. Another lawyer stepped and took
over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an
Immigration law firm in London. Thank you to the team.