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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11505
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi, I came to UK in Feb 2008 in Work permit visa (Intra Company)

Resolved Question:

Hi, I came to UK in Feb 2008 in Work permit visa (Intra Company) and its got extended till Jan 2013 (3 times).But in between there was a gap so accrording to new ILR rule I can't apply it.What i can do to qualify for ILR?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, you can extend your visa for a further period until such timr as you meet the requirements for ILR.

INC :
INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

Customer:

What is the maximum period I can extend? I had initially workpermit (2years),then extension (ICT),ICT-Estalished and ICT Long-term.

Customer:

Where I can find the relavent rule for this category in UKBA website,link please

INC :

Hi, you need to look at Rule 245HD of the Immigration Rules. You can find it at the following link: http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part6a/

INC :






If you wish to discuss, please feel free to ask further questions.





12:26 PM


Kind regards

Customer:

I cant findout which says, can be extended beyond 5 years in immigration rule shared

INC :

Hi, look at 245 HE (b) & (e) on the same link

INC :






If I can assist further, please feel free to ask further questions.






Kind regards,




Customer:

If paragraph (a) does not apply, leave to remain will be granted for:



(i) the length of the period of engagement plus 14 days,


(ii) a period of 3 years plus 14 days, or


(iii) a period equal to 6 years less X,



whichever is the shorter. If the calculation of the period of leave comes to zero or a negative number, leave to remain will be refused ?

In this "a period equal to 6 years less X," what means?

Customer:

And its for Tier 2 general?

INC :

this means 6 years less x = the number of days you have spent outside of the UK

Customer:

not for ICT

INC :

This applies to all other categories "(b) In all other cases, leave to remain will be granted as set out in paragraph (e) below."

INC :

(a) applies to tier 2 general

Customer:

That means I can extend till 6 years ?

INC :

yes, up to 6 years

INC :

Not a 6 year visa in one go

INC :







If I can assist further, please feel free to ask further questions.






Kind regards,





Customer:

and new rule yet to place from 13th dec , were it says we can have 180 days outside per year

Customer:

any clarification on this?

INC :

hat would you like to know?

Customer:

is it 180 x5 =900 days outside UK ?

Customer:

Tier 2 (Intra Company Transfer) Migrants 245G-Z45GF

INC :

The changes apply to the work-related categories that lead to settlement, so including the PBS categories but also work permit holders, UK ancestry, business person, domestic worker/private servant etc…, the Rules now specifically set out the number of days under which an applicant can be abroad without their application being refused.

INC :

The total number of days is 180 days in any of the 12 calendar month periods preceding the date of the application for ILR. So for every period of 12 months in a person’s lawful stay in the UK, up to 180 days is allowed. However there is a proviso: that the absences from the UK must have been for a purpose that is consistent with the continuous permitted employment, including paid annual leave or for serious or compelling reasons.

INC :

Therefore, yes it is 180 x 5

Customer:

but you have mentioned to check in 245 HE ?

INC :








If I can assist further, please feel free to ask further questions.






Kind regards,






Customer:

which is not for ICT

INC :

No

Customer:

So it means maximum 6 years can be extended under Tier 2 ICT (under rule before apr 2010) ?

INC :

Yes, that is my understanding.

INC :









If I can assist further, please feel free to ask further questions.






Kind regards,







INC, Solicitor-Advocate
Satisfied Customers: 11505
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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