Q&As

If a Tier 2 (ICT) migrant is granted leave on the basis of delivering a time-bound service, can they apply to extend their leave in the UK at the end of that service if they acquire a new project?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 29/07/2019

The following Immigration Q&A produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • If a Tier 2 (ICT) migrant is granted leave on the basis of delivering a time-bound service, can they apply to extend their leave in the UK at the end of that service if they acquire a new project?

As with many queries relating to Points-Based System issues, there are different variables to consider when assessing whether an individual could extend status under Tier 2 (Intra-Company Transfer (ICT)).

A primary consideration in this Q&A is that the individual is Tier 2 (ICT) as opposed to Tier 2 (General). The ICT route is a temporary route only, offering no settlement opportunities for migrants who entered the UK under the Immigration Rules post-dating changes made in 2010. Options for extension are also limited in further reflection of the restricted nature of the route.

The Immigration Rules, Part 6A, para 245GD stipulates that to be eligible for an extension of any kind, the migrant must be present in the UK under either the Long-term Staff or the Graduate Trainee Tier 2 (ICT) sub-categories. They must also have last held leave in the UK under that same sub-category. Tier 2 (ICT) mig

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