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: 29 July 2019
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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

Gary McIndoe
Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).


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Jurisdiction(s):
United Kingdom
Key definition:
Immigration Rules definition
What does Immigration Rules mean?

Statements contained in House of Commons or Command Papers setting out the practice to be followed in the administration of the Immigration Act 1971 for regulating the entry into and stay in the United Kingdom of those who do not have the right of abode (including the period for which leave is given and the conditions attached in different circumstances).

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