Tier 2 (Intra-Company Transfer): applying for indefinite leave to remain [Archived]
Tier 2 (Intra-Company Transfer): applying for indefinite leave to remain [Archived]

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Tier 2 (Intra-Company Transfer): applying for indefinite leave to remain [Archived]
  • Eligibility
  • Dependants
  • Form and procedure
  • Indefinite leave to remain fees
  • Advice on grant of leave

IMPORTANT NOTICE: THIS PRACTICE NOTE HAS BEEN ARCHIVED AND IS FOR HISTORICAL PURPOSES ONLY. THE SETTLEMENT ROUTE IS NO LONGER AVAILABLE TO APPLICANTS UNDER THE TIER 2 (INTRA-COMPANY TRANSFER) CATEGORY.

Eligibility

According to the Immigration Rules, indefinite leave to remain (ILR) is now only open to persons with current or last granted leave under Tier 2 (Intra-Company Transfer) (ICT) if they have previously held leave at some point in the last five years in either or both of the following two categories:

  1. Tier 2 (ICT) migrant granted under the Immigration Rules in place before 6 April 2010, or

  2. work permit employment under the Business and Commercial or Sports and Entertainment arrangements as an ICT

Due to the passage of time, this formula will now only apply to a small number of people; however, what appears to be the intention is to allow persons who were initially granted leave in those capacities, and have extended their stay in Tier 2 (ICT) since then, to be able to apply for ILR.

The sponsor that issued the applicant's last Certificate of Sponsorship (CoS) must still hold, or have applied for a renewal of a Tier 2 (ICT) sponsor licence at the time of application (and decision). See Tiers 2 and 5 licence suspensions, surrender and CoS reductions—What is the impact on sponsored migrants if a licence is suspended? for the situation

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