Tier 2 ICT Short Term Visa change of employment

[hcd]

Hi Manci/Admin,

I am in a difficult situation with the ICT Short Term visa and change of employment.I am giving you the details as below:

Visa Status : ICT short term Tier 2 valid till Nov,2014
Location : I am currently in UK since Dec,2013

My current employer CompanyA has transferred me in to companyB on 1st of april due to Tupe law in UK .Now companyB has offered me the employment contract but they may terminate me within the 4 weeks as per they contract if I am not fit in their organisation. In case of termination am I eligible for applying new job in UK with the same visa ?
Will the new companyC process my COS in such case ?
Am I still eligible to stay here in UK as I am having a valid visa till Nov 2014 though the COS that companyA has been cancelled due to Tupe Transfer?

Appreciate for you kind help and reply.
Thank you very much looking my case.

[Apam]

hi,
I am not Manci/Administrator but could help answer some of your questions if you don't mind!
1. If company B wants to retain you, they need to apply for sponsorship licence within 28days of tupe( if they don't have one already). In that case, you don't need to do anything but your ict visa is automatically transferred to them via online sms.
2. If company B terminates your contract, unfortunately you can't transfer to company C as you are ict( and short term only 1 year allowed with current/tupe employer).
3. ukba allows you to continue staying in the uk if you have 6 months or less remaining on your visa. They will write to you if they choose to limit or curtail your leave to 60days.
4. You can leave the uk if you like and apply for tier 2 general from your home country after 1 year cooling off period
OR tier 2 ict established staff with company B no need for cooling off period provided your salary is 40K
Hope this helps

[hcd]

hi,
I am not Manci/Administrator but could help answer some of your questions if you don't mind!
1. If company B wants to retain you, they need to apply for sponsorship licence within 28days of tupe( if they don't have one already). In that case, you don't need to do anything but your ict visa is automatically transferred to them via online sms.
2. If company B terminates your contract, unfortunately you can't transfer to company C as you are ict( and short term only 1 year allowed with current/tupe employer).
3. ukba allows you to continue staying in the uk if you have 6 months or less remaining on your visa. They will write to you if they choose to limit or curtail your leave to 60days.
4. You can leave the uk if you like and apply for tier 2 general from your home country after 1 year cooling off period
OR tier 2 ict established staff with company B no need for cooling off period provided your salary is 40K
Hope this helps

Thank you Apam
for clarifying my doubts.

Regarding point 3 could you please calculate how long I am eligible to stay here as I am having visa till Nov,2014. And are there any exceptions apply on it?

[Apam]

Unfortunately I can't calculate. Ukba will write to you if they widh to curtail your leave. You can only wait for that letter at this point.
Sometimes ukba may choose not to curtail your leave to 60 days if you have dependants including children on your visa.
Then again it's upto them, sadly you still need to wait for them to write to you.