NHS T2G for ICT PBS dependent already employed FTE doctor

[NG1208]

Friends,

need your help in understanding a very specific scenario. I'm a ICT PBS dependent working for NHS in a non-training Doctors job. I arrived in the UK in June 2011 and working from last 1 year with NHS. The job was advertised last year in Oct 13 for 30 days and was in line with RLMT. I have asked for T2G now but apparently the CoS should have been issued within 6 months from date of advert which has lapsed.
I have following questions:
1. Will NHS has to re-advertise the job as RLMT due to 6 months lapse?
2. Can NHS or any employer advertise the job for the existing full time employee/doctor? Will I need to re-sign or it can be advertised to comply with RLMT requirements? My employer is not sure if I would have to leave the country and re-apply for the advertised job.
3. I understand that the entry clearance will need to be out-country application without any cooling off period. Will I need to be out of country only for the period of entry clearance (sounds logical) or the entire process starting from Job advertisement. If only for period of entry clearance application and granting of same, are there any rules that I can go through on the official website?
4. Has anyone faced similar situations and how did you go about it? Anything that I should be careful/aware about?
5. Will the new april 14 rule apply to me and new CoS can only be for period of 2 years? Since I'm not the main applicant visa holder but a PBS dependent?
6. Can my dependents apply In-country?
Cheers
R

[aja]

Hi,

1. RLMT is valid for 6 months, therefore a new RLMT needs to be conducted.

2. You need not resign from your current job. You neither need to leave the country till RLMT is completed and a COS Issued.

3. Just for entry clearance.

4. I am in the same situation. I still haven't got the COS, as the company is still in the sponsorship attaining process.
Plan is to obtain COS after 11th of any following month and travel to home country to obtain entry clearance.

5. Can you please post the reference to this new April 14 rule regarding COS for 2 years please ?
However, from April 2014, 5 year visa scheme has been included, which makes life much easier of not having to extend after the 3 year leave.

Hope the above info helps.

[NG1208]

Hi Aja,

Many thanks for the response, it's clears a lot of confusion that is around this kind of switch.
Do you know how do they do RMLT again as this would be readvertising the job but there is no real job - you know what I mean?
Also, let's say for arguments sake if there's a local resource applying for it, not sure how does that moves ahead.
do you know how long does the entry clearance takes in home country? Expedited one shouldn't take more than 5-10 days??

re Point 5, I misread the post - apparently that is only for people on ICT prior to April 2011. Apparently until now, after the switch, the T2G will be given for 3 years and extended for another 3 years but from now on it will consider the time spend on ICT (before April 11).
Here's the post:
Report this postReply with quoteApr 14 Change in Rules - Switching from T2 ICT to T2G
by manci » Wed Apr 16, 2014 12:32 pm

There has been a change in the revised April 2014 Immigration Rules that went largely unnoticed and will affect those who had T2 ICT leave before 6 April 2011 and wish to switch to T2 General. This change has not been highlighted in the Explanatory Memorandum to the 13 March Statement of Changed (HC1138).

The new April 2014 Immigration Rule 245HE(a)(iv) has the term "Tier 2 Migrant" in it whereas the corresponding term under the previous rules would have been "Tier 2 (General) Migrant"

The effect of this change is that for those switching after 5 April 2014 the 6 year limit on total stay will be calculated from the date they obtained their initial T2 ICT leave rather than from the time of the switch which was the case under the pre-April 2014 Immigration Rules.

For example, a migrant whose initial leave was Tier 2 ICT granted in April 2010 and who wishes to switch to Tier 2 (General) after 5 April 2014 can only be granted max. 2 years leave in Tier 2 (General) as per Immigration 245HE(a)(iv). Under the previous version of the Immigration Rules the 6 years would have been calculated from the time of the switch and this migrant could have been granted max. 3 years leave initially extendable by a further max. 3 years to max. 6 years.

At present there is a discrepancy between the Immigration Rules and the T2 Policy Guidance in this respect. The HO confirmed that page 43 of the T2 Policy Guidance version 04/2014 is incorrect and will be revised.

[aja]

Details of the changes to RLMT are posted in
https://www.gov.uk/government/uploads/s ... orkers.pdf

NHS Jos site itself is one of them.

Yes i know what you mean, as i went through the same thoughts.
However, it all depends on the employer and how they take it. You assume there is no real Job, as because you are in that job.
Imagine of a scenario where you resign from that job or so and that position opens up sort of a thing.
You will need to convince your employer stating them that, its not a new position created, its just for the very same position you are working in currently and the ukba rules just mandate that. I know it s bit hard to explain, but then that's how it is.

When the RLMT is conducted, obviously few other people may apply as well, in which case if the candidates exactly matches the job profile / experience / qualifications; then interview will have to be conducted as per the employer norms and keep the interview notes handy to explain the reason for rejecting those candidates (just in case ukba asks for proof).

The entry clearance time varies from place to place, you can check the approximate time it would take at your home country from
http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

[NG1208]

hi,

By any chance, you have been through the process now? how was your experience?
We are in the process of preparing the application on visa4uk for tier2 G to be submitted from home country.

Any feedback on entire experience and the documents you hd to submit would be great