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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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Re Tier 2 Visa Extension

Resolved Question:

Hello there- I am currently in the UK with a Tier-2 visa (Intra company Transfer) valid from 22nd March 2011 to 18th April 2012. I have landed in the Uk on 20th May 2011. As my visa is expiring on 18th April 2012, I would like to know whether or not I can renew it. I have heard there was a rule change effective from 6th Apil 2011 that I should go back to my country (India) and should not re-enter for the next 12 months. I am not sure whether this rule applicable to me as my visa was stamped before 6th April 2011 but landed in the Uk after 6th April. Please note, my current salary is below £40K.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
What was the basis of your inter company transfer? was this short term or long term?
Customer: replied 3 years ago.
Sorry- Mine is not inter company transfer, it is Intra company Transfer. I am not sure where should I check whether it is short term or long term. My visa was stamped for one year which is valid from 22nd March 2011 to 18 April 2012.
Expert:  Senior Partner replied 3 years ago.
Sorry that was just a typo . there are different categories of Tier 2 intra- company transfer. If you are under the current rules i.e. post april 2010 then you should either be here on a short term or long term basis. given your salary level it is unlikely you re long teem, The problem is that you cannot score enough points to apply for an extension unless you have a salary of £40k or more. You only get 20 points on a renewal for a salary of £40k or above. If you were admitted on a short term basis you are not eligible anyway and as you say need to return home for at least 12 months. this requirement does not apply if you were admitted under the pre april 2010 rules.

I think it should say on your visa/entry clearance what is is .

You can find the full guidance here:http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf
Customer: replied 3 years ago.
Hi-thanks for your response. However as my visa was stamped before April 2011 but landed in the UK after april 2011. Does this mean I am under pre april 2011 rules? Can I see this info anywhere in my Visa/PBS certificate?
Expert:  Senior Partner replied 3 years ago.
the main rule change was 2010 not 2011. What was the basis of your intra company transfer?
Customer: replied 3 years ago.
sorry can you please advise what you mean by basis of ICT? I dont know what it is.

Also, was this rule(that I should go back to India and should not re-enter for next 12 months) in place now? I have heard this is just a proposal and not implemented yet?
Expert:  Senior Partner replied 3 years ago.
there are 4 current sub categories of tier 2 intra company transfer - long term , short term , skills transfer and new graduate . the latter two are for graduate trainees and the like. there was also prior to April 2011 a category for Intra-company transfer - Established staff.

You can only apply to stay if you are in the long term category or were in the Established staff category or came under the rules prior to April 2010. If you were admitted in the short term category then you have to leave.

The rules have been changed twice once in 2010 and once effective 2011.

You must know the basis on which you applied and the basis on which your entry clearance was granted. Were you employed by the company before you came here? why was the visa only for a year? was this because it was a short term visa? On what basis and for how long were you sent to the UK?
Customer: replied 3 years ago.
Hi- I just checked my PBS certificate and ICT sub-category is given as Tier 2(ICT Established Staff).

For your questions:-

1.Were you employed by the company before you came here?- Yes. I was and still employed with the same company.
2.why was the visa only for a year? was this because it was a short term visa?- I was eligible to apply for 2 years visa however the requirement was only for an year. Now my requirement may get extended.
3.On what basis and for how long were you sent to the UK?- As said, it is Tier 2 (ICT Established Staff). I was sent to UK for 1 year however my requirement is likely to be extended beyond one year.
Expert:  Senior Partner replied 3 years ago.
Good thanks. If you are here as ICT established staff then you can apply for an extension and you do not need to meet the £40k salary. Your employers simply has to issue a sponsorship certificate that the role is NVQ 3 or equivalent. you will find the detail in the guidance I sent you link to. You can apply using the tier 2 form which is found on the UKBA website
Senior Partner, Solicitor
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