# Settlement question after Tier 2 visa



## lovestravel (Apr 9, 2012)

My husband is on a Tier 2 intra-company transfer long term staff. The company has asked about his interest in staying long term and possibly settlement after 5 years. I have looked up the information on the UKBA website but have a couple of questions.

The website says:
"Current requirements for settlement
At present, you cannot apply for settlement until you have been in the UK for a continuous period of 5 years in an eligible immigration category.
During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must do so for a serious or compelling reason."

The requirement to be outside the UK for more than 180 days in 12 months can be extended if the days can be confirmed as business travel from the sponsor? I know my husband keeps track of his travel outside the UK already for tax purposes but he travels outside the uk a lot. We haven't been here 12 months yet but I can see him pushing that limit for business travel plus our own personal travel.

I don't think I will have to worry about hitting that limit but just in case would it apply to myself as a dependent on his visa? 

Thanks in advance for your help!


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## nyclon (Apr 3, 2011)

lovestravel said:


> My husband is on a Tier 2 intra-company transfer long term staff. The company has asked about his interest in staying long term and possibly settlement after 5 years. I have looked up the information on the UKBA website but have a couple of questions.
> 
> The website says:
> "Current requirements for settlement
> ...


Yes. It applies to both of you.


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## Joppa (Sep 7, 2009)

I think settlement for Tier 2 intra-company transfer visa holder has been withdrawn, unless you were under ICT prior to 6th April 2010 or in a qualifying work permit category. So no matter how long you stay in UK, you cannot gain settlement (permanent residency). 

"The 5-year continuous period *must *include time spent as:
a Tier 2 (Intra company transfer) migrant under the Immigration Rules *in place before 6 April 2010*; or
a *qualifying work permit holder*, provided that the work permit was granted because you were the subject of an intra-company transfer."
UK Border Agency | Settlement


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## lovestravel (Apr 9, 2012)

Joppa said:


> I think settlement for Tier 2 intra-company transfer visa holder has been withdrawn, unless you were under ICT prior to 6th April 2010 or in a qualifying work permit category. So no matter how long you stay in UK, you cannot gain settlement (permanent residency).
> 
> "The 5-year continuous period *must *include time spent as:
> a Tier 2 (Intra company transfer) migrant under the Immigration Rules *in place before 6 April 2010*; or
> ...


I am tired but I clicked on the link with the expanded requirements. Am I reading this correctly in that he would still qualify under new rules?

"
245GD. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, 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) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either: 

(1) a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category, or 

(2) a Tier 2 (Intra-Company Transfer) Migrant in the established Staff sub-category under the Rules in place before 6 April 2011, or 

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

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

(5) as a representative of an overseas Business, and 

(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave."


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## lovestravel (Apr 9, 2012)

Ok- I know I am tired because I keep reading and re reading the information and now I am all confused. It might be time to consult the attorney. It would be disappointing if we had no options to stay after 5 years.


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## Joppa (Sep 7, 2009)

What you quote only relates to leave to remain (FLR), not settlement. 
Settlement for all categories of ICT was removed a couple of years ago (under some protest I seem to remember) and those who wish to settle will in future need to switch to a different category, such as those earning over £150k or in a specific occupation beneficial to UK (details are yet to be finalised, as those who will be affected won't come up for settlement for further few years), or for some people, family route (with British spouse etc).

"Does this category lead to settlement (indefinite leave to remain)?
Only if the period of continuous leave includes a period of leave as:
 a Tier 2 (ICT) migrant under the rules in place before 6 April 2010, or
 a qualifying work permit holder."

http://www.ukba.homeoffice.gov.uk/s...dlaw/modernised/working/pbs/tier2?view=Binary Page 16.

Announcement of changes two years ago: http://www.ukba.homeoffice.gov.uk/s...es/2011/june/12government-migration-proposals


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## lovestravel (Apr 9, 2012)

Thanks for the info. I knew I was reading it wrong. The information just goes on and on and is very confusing. I try not to run by the attorney fees with lots of questions and get the information myself. Thankfully the company has finally hired an expat consultant after the fiasco of our experience. One thing I have learned is that the company does not really care about our best interest necessarily so we need to be informed prior to making a decision based on what is best for us. Not only did they not understand what they were doing but they were not honest with us in the process.

It sounds like we might qualify for settlement based on the income guidelines. Does the 5 year continuous residence still apply and the number of days outside of the country? We are on 2 year visa right now. Will they need to apply for the 3 year extension before applying for settlement? It would be disappointing if they change the rules yet again and wouldn't qualify.


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