Apr 14 Change in Rules - Switching from T2 ICT to T2G

[manci]

@deepakpareek
Your employer is a licenced sponsor. They should know the rules and should not rely on you to tell them what to do. All the information they need is in the T2 sponsor guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[t2query]

Hi Manci,

Tier 2 (ICT) Established leave that was granted before 6 April 2011, as per the last year's (2013) rules did it have the cooling-off period?

Thank you.

[amrish.patel]

Hi,

I am on Tier 2 (ICT - Long term staff) visa. I was granted visa on 25/03/2013. I came to UK on 01-07-2013. I am working as a contractor in a company and the same company wants to offer me a permanent position. Which means switching to Tier2(General)...right?

Now, I understand that I cant switch from Tier2(ICT - LTS) -> Tier2(General) from within UK. I would have to go back to India and apply for Tier2(General) visa from there. I would also have to serve 12 months cooling off period from the day I go back to India till the day I apply for Tier2(General)....Is that correct?

Now, there are changes in the immigration rules in April 2014. Can you please tell me if there is any change in relation to switching from Tier2(ICT - Long term staff) -> Tier2(General)?

Thanks a lot for this wonderful forums. Its of great great help.

Amrish.

[Vinkish]

hi Manci
Could you please help me in understanding better?
My husband is on Tier 2 ict established long term staff from April 13 2011 and we extended this month and got visa till 2015 December.I got my tier 2 ict established staff dependent visa in Oct 2011.
Now I have a company to sponsor me tier 2 general.

In this case my understanding are listed below please clarify and confirm me

1.I need to go back to my home country and get back to Uk on tier 2 general.
2.In this time my tier 2 ict partner visa will be revoked back.
3.For ex if i get sponsorship in may and leave to my country , i can enter uk with tier 2 general in June without any cool off period.
4.My husband can continue on Tier 2 ict and can join me as tier 2 general dependent directly from UK once his tier 2 ICT is expired.
5.If i get Visa now , will that be for only 3 years as I have completed 2.5 yrs in Uk already in Tier 2 ICT
In this case will I be ever eligible for PR with my new tier 2 general visa.
6.If my husband finds a sponsor he should also go back to home country and enter as tier 2 general.Is that right?
Can he change within Uk to tier 2 General?
His visa date starts from 13 April 2011 whereas his COS started from April 01 2011 and application was lodged in March 2011.Will that make him eligible to change to tier 2 general within UK?

From all above points if I get a new tier2 general Visa in June 2014 will we be eligible to get 3yrs + 3 yrs extn and leading to PR or we will get only 3 yrs which will not lead us to PR anytime in future?

Thanks a ton in advance for your reply as it has always been useful in reading your posts and replies.

[manci]

You are at present a PBS dependant (not a T2 migrant) and, as such, if you apply for T2G entry clearance from your home country there will be no cooling-off.

Once you become a T2G migrant your husband can switch to PBS dependant status from the UK.

As you haven't been a T2 migrant before, your max 6 years stay under T2G will start when you become a T2 migrant and you will be eligible for ILR after 5 years.

Under T2G you can get initially up to 5 years leave if the period of engagement in the CoS is also given as 5 years. If it is shorter you can extend up to 6 years.

[amrish.patel]

Hi Manci,

I'd really really appreciate if you could please reply to my question? Its very urgent situation as my company is running after me for a permanent position. I have also signed offer letter and back ground checks are done. I need to clarify them what my position is? Whether its possible or not?

Thanks a lot,

------------------------------------------------------------------------------------------------------------------------------------------------------------

Hi,

I am on Tier 2 (ICT - Long term staff) visa. I was granted visa on 25/03/2013. I came to UK on 01-07-2013. I am working as a contractor in a company and the same company wants to offer me a permanent position. Which means switching to Tier2(General)...right?

Now, I understand that I cant switch from Tier2(ICT - LTS) -> Tier2(General) from within UK. I would have to go back to India and apply for Tier2(General) visa from there. I would also have to serve 12 months cooling off period from the day I go back to India till the day I apply for Tier2(General)....Is that correct?

Now, there are changes in the immigration rules in April 2014. Can you please tell me if there is any change in relation to switching from Tier2(ICT - Long term staff) -> Tier2(General)?

Thanks a lot for this wonderful forums. Its of great great help.

Amrish.

------------------------------------------------------------------------------------------------------------------------------------------------------------

[manci]

@ amrish.patel
your understanding of the rules is correct and there haven't been any changes in April 14 in this regard

[amrish.patel]

Thanks Manci for you prompt reply. Appreciate a lot.

[Vinkish]

@Manci: Thanks a lot for your clarification

[MubaIT]

Hi Machi,

I have switched to T2G from T2(ICT) (intially approved on Oct 2010) applied on 4th April 2014 and got approval on 17th April 2014 and waitig for BRP.
Is this change in 6 year rule will applies to me?? or will be eligble for ILR after 5 year(considereing 17th April 2014 as start date) ?

[manci]

@MubaIT
was your initial T2 ICT leave as Established Staff?

[MubaIT]

Hi Machi,

Yes, my initial T2 ICT leave as Established Staff...

[manci]

the 6 year limit on stay will unfortunately apply to you. It is counted from the time of your initial T2 ICT leave.

[MubaIT]

Okay, Let me wait for my BRP ..because my COS valid for 3 years and T2G visa got approved with T2 visa form dated 02/2014 which i posted on 4 April 2014.

Will wait and hope for me to get 3 years ???

[Vinkish]

hi Manci,

Could you please clarify me on the below queries as they are missed out from your first post?

My husband is on Tier 2 ict established long term staff from April 13 2011 and we extended this month and got visa till 2015 december. If he gets a company to sponsor him tier 2 general.

1.Should he go back to home country and enter as tier 2 general or can he switch within UK?
2.His visa date starts from 13 April 2011 whereas his COS started from April 01 2011 and application was lodged in March 2011.Will that make him eligible to change to tier 2 general within UK?
3.Does cooling off apply to him or can he apply in May 2014?
4.Will the 6 yr limit be applicable for him ? if so will he be eligible for only 1 yr in t2g as he has been granted 4.5 yrs already in tier 2 ict and out of which 3 yrs is already completed? What could happen to the remaining 1.5 yrs extension we received recently?Will that be cancelled and he gets t2g for 3 yrs remaining from the total 6 years?

Awaiting your clarifications.


Regards
Vinu.

[manci]

hi Manci,

Could you please clarify me on the below queries as they are missed out from your first post?

My husband is on Tier 2 ict established long term staff from April 13 2011 and we extended this month and got visa till 2015 december. If he gets a company to sponsor him tier 2 general.

1.Should he go back to home country and enter as tier 2 general or can he switch within UK?
2.His visa date starts from 13 April 2011 whereas his COS started from April 01 2011 and application was lodged in March 2011.Will that make him eligible to change to tier 2 general within UK?
3.Does cooling off apply to him or can he apply in May 2014?
his initial T2 ICT leave was under the rules before 6 April 2011 (it is the date of application that determines this) therefore he can switch to T2G in-country any time, no need to return home and there is no cooling-off.


4.Will the 6 yr limit be applicable for him ? if so will he be eligible for only 1 yr in t2g as he has been granted 4.5 yrs already in tier 2 ict and out of which 3 yrs is already completed? What could happen to the remaining 1.5 yrs extension we received recently ?Will that be cancelled and he gets t2g for 3 yrs remaining from the total 6 years?
If he stays on T2 ICT he can have an unlimited number of extensions. If he switches to T2G he will only get T2G leave until April 2017. If he decides to switch he shouldn't resign until his T2G application is granted

Awaiting your clarifications.


Regards
Vinu.

[MubaIT]

Okay, Let me wait for my BRP ..because my COS valid for 3 years and T2G visa got approved with T2 visa form dated 02/2014 which i posted on 4 April 2014.

Will wait and hope for me to get 3 years ???

" I got my BRP with 3 years validity

[raizwan]

Hi Manchi,

You are so helpful with all the immediate responses for the queries that we have.

Though I have gone through the total chain, I want to put my query with my case on what can be done.

I was granted Tier 2 ICT (Established staff) in October 2010 and came to UK and got extended twice which is on October 2012 and again on October 2013. Hence my visa is still valid till this October 2014 and as part of my extension it was made as Tier 2 ICT - Long term Staff.

Now am being offered a permanent job under Tier 2 General - shortlist occupation type. It is a switching process within UK. Now the confusion started with the latest update that you posted.

There are two options infront of me now to see whether switch needs to be done within UK when am here or do I need to apply from India.

If I switch within UK, according to the new rule, only two more years is what I will get, i.e., till 2016. Is that right?

If I apply fresh from India (not Switching), still the 6 year rule apply to me? Is there any cooling off period to me as I got initial clearance under Established staff and wanted to apply for Tier2?

Your earliest response would make to decide upon the aspects.

Thanks & Regards,
Raizwan

[manci]

Hi Manchi,

You are so helpful with all the immediate responses for the queries that we have.

Though I have gone through the total chain, I want to put my query with my case on what can be done.

I was granted Tier 2 ICT (Established staff) in October 2010 and came to UK and got extended twice which is on October 2012 and again on October 2013. Hence my visa is still valid till this October 2014 and as part of my extension it was made as Tier 2 ICT - Long term Staff.

Now am being offered a permanent job under Tier 2 General - shortlist occupation type. It is a switching process within UK. Now the confusion started with the latest update that you posted.

There are two options infront of me now to see whether switch needs to be done within UK when am here or do I need to apply from India.

If I switch within UK, according to the new rule, only two more years is what I will get, i.e., till 2016. Is that right?
yes, if you switch in-country your total leave incl. T2 ICT cannot be more than 6 years, i.e. to October 2016


If I apply fresh from India (not Switching), still the 6 year rule apply to me? Is there any cooling off period to me as I got initial clearance under Established staff and wanted to apply for Tier2?
From India you will only be able to apply for T2G entry clearance after 12 months cooling-off but you can then get max. 5 years initial leave extendable to 6 years once you are in the UK


Your earliest response would make to decide upon the aspects.

Thanks & Regards,
Raizwan

[raizwan]

Hi Manci,

Really appreciate your prompt response on my query. The only query I got is, after I saw the post in your forum, I have verified the UKBA site also, but no where it is mentioned like this and latest update is 6th April only.

Don't know when this will be amended and how will it impact the applications that are submitted before this modification is made in the policy guidance.

Thanks & Regards,
Raizwan

[Venkat07]

Hi Manci,

As I fall into this catagory I went through the whole thread and posting my case further clarifications.

First visa stamped as Tier 2 ICT from 08-2009 to 08-2011 entered UK on 25/08/2009
Extended with the same sponsor (Tier 2 ICT Long Term leave to remain)
valid from 08-2011 to 07-2013
Extended with the same sponsor (Tier 2 ICT Long Term leave to remain)
valid from 09-2013 to 07-2015

Now i have got a different employer who would like to sponsor me for Tier 2 General.So if i move to Tier 2 General with the new sponsor in May /June 2014 I have the following queries

- Am I eligible for ILR?

- Would i be given only little more than 1 year to stay as i have already spent 4.9 years?

- As someone in the thread already mentioned that they got 3 years in BRP eventhough it should have been less, so even if I get 3 years visa with my Tier 2 General do i need to apply for ILR before the end of 6 years including ICT entry clearance date (July 2015)?

Thanks in advance for you time

[MubaIT]

Hi Machi,

I think there is still confusion on the statment of work and T2 guidence .

245HE (a)(iv)- Statement of work

" except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted
(notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant, and 6 years."

Policy guidence - page 43 :

"for the difference between the time you have already been granted leave under Tier 2 (General) and six year (this is counted from the date you were
first granted entry clearance or leave to remain). Please note that the six years is not broken by any gaps between your periods of leave up to 28 days.
For example, if you have had six years continuous leave in Tier 2 (General) but you overstay for 27 days at the end of the six years before applying again, the 27 days in which you had no Tier
2 (General) leave does not mean you can apply again. Similarly, if you have overstayed up to 27 days in the middle of a period of continuous leave, this does
not mean you can apply for another period of leave to take your total stay in] Tier 2 beyond six years."

It is clearly mention Tier 2(general) even not Tier 2 (general) Migrant which may seems bit confused and also you have mention HO accepted the discripancy between statments??...

There is big difference between this statements ??? Can you please let us know the source where HO agreed this discripancy ???
becasue immigration lawsuits can appeal against it where there is no clear statment on policy guidence??

Expert/ Gurus please clarify this issue??

[manci]

Hi Manci,

As I fall into this catagory I went through the whole thread and posting my case further clarifications.

First visa stamped as Tier 2 ICT from 08-2009 to 08-2011 entered UK on 25/08/2009
Extended with the same sponsor (Tier 2 ICT Long Term leave to remain)
valid from 08-2011 to 07-2013
Extended with the same sponsor (Tier 2 ICT Long Term leave to remain)
valid from 09-2013 to 07-2015

Now i have got a different employer who would like to sponsor me for Tier 2 General.So if i move to Tier 2 General with the new sponsor in May /June 2014 I have the following queries

- Am I eligible for ILR?
yes, you can apply end of July 2014 but before you accept the new job make sure that the new sponsor will be prepared to certify that they require you for the employment in question when the time comes for the ILR application. Without such a certification you will not be able to apply. Also, before you leave your current job get a letter from HR certifying your absences in the last (almost) 5 years.

- Would i be given only little more than 1 year to stay as i have already spent 4.9 years?
yes.

- As someone in the thread already mentioned that they got 3 years in BRP even though it should have been less
check back but I think they applied for T2G leave to remain before 6 April

, so even if I get 3 years visa with my Tier 2 General do i need to apply for ILR before the end of 6 years including ICT entry clearance date (July 2015)?

Thanks in advance for you time

[Venkat07]

Hi Manci,

Thanks for your response, Sure i would get hte letter for my absense for five years from my last employer but in case if i delay my ILR till next year say March 2015. Can i still use the same letter for absense from my previous sponsor which would be dated some time this year?

Yes i would definitely let my new sponsor know about the letter requirement for my ILR.

Thanks

[manci]

Hi Manci,

Thanks for your response, Sure i would get hte letter for my absense for five years from my last employer but in case if i delay my ILR till next year say March 2015. Can i still use the same letter for absense from my previous sponsor which would be dated some time this year?
it would be best to get the letter detailing your absences at the time when you leave because then it will cover the whole of your employment with this sponsor

Yes i would definitely let my new sponsor know about the letter requirement for my ILR.

Thanks