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

[Venkat07]

Ok, I will make sure i get the detailed letter for my absense.. Thanks for your timely response and help!!

[mandy1285]

Hi Manci/Gurus,

Would you pls comment on MUBAIT Queries as most of the people will get Impacted by this small change.

Thanks,

[manci]

@ mandy1285 and @MubaIT
confirmation that the April 14 T2 policy guidance is incorrect, and will be revised, can be sought from BusinessHelpdesk@homeoffice.gsi.gov.uk

[MubaIT]

Hi Machi,

Thanks for quick response.

I had recently switched from ICT to Tier 2 where application submitted on 4-April-2014 and got approvad on 17-April-2014 with 3 years until 2017.

Can you please let me know , do i eligiblie for extenstion after 3 years for another 3 years and for ILR?

Thanks

[natalisain]

Hi Mansi

I am not quite clear with this rule. Can you please help me clear my doubt?

I got Tier2 ICT in March 2010 and I am switching to Tier2G this month. According to new rules, am I not eligible for ILR in March 2015?

What are the consequences if I switch to Tier2 General?

Thanks
Natalie

[ravi2326]

Hi Manci/Anyone,

Could you please help me here. Below are my details

I was granted Tier2 ICT Established staff visa in Sep 2010 and this was extended for another 2 years in Sep 2012. But during extension, I have been moved to Tier2 ICT Long Term Leave to Remain. I am still working in UK under same visa expiring in Sep 2014.
Now Can I switch to Tier2 General within UK? If yes, how many years visa I would be getting?
If switching is not possible, If I go back to india, cooling off period is applicable to me to apply for Tier2 General from india?

Please help!!

Thanks in advance

[Vinkish]

hi Mansi,
I need a clarification in below situation:

My husband changed from Tier 2 ICT lts to Tier 2 G this may.
As 6 years cap apply for him his visa is valid only till 2017 and no more extn as 6 yrs will be completed
I am here on Tier G dependent obtained in May 2014 after my husband's visa changed.

Now my employer is fine to sponsor me tier2 General after september.

1.Will cooling off apply to me?
2.I believe I need to go back to home country and get entry clearance.
How many years opf T2G will I be eligible then?
3.Will my husband be able to shift from t2g from t2g dependant after 2017?
4.Will his 3yrs t2g and 2 years t2g dependant give him PR eligibility in 2019.


Looking fwd for your response.

[manci]

Hi Manci/Anyone,

Could you please help me here. Below are my details

I was granted Tier2 ICT Established staff visa in Sep 2010 and this was extended for another 2 years in Sep 2012. But during extension, I have been moved to Tier2 ICT Long Term Leave to Remain. I am still working in UK under same visa expiring in Sep 2014.
Now Can I switch to Tier2 General within UK? If yes, how many years visa I would be getting?
you can switch and your T2G leave will be to Sept 16 (unless the work end date in the CoS is earlier)
If switching is not possible, If I go back to india, cooling off period is applicable to me to apply for Tier2 General from india?

Please help!!

Thanks in advance

[manci]

hi Mansi,
I need a clarification in below situation:

My husband changed from Tier 2 ICT lts to Tier 2 G this may.
As 6 years cap apply for him his visa is valid only till 2017 and no more extn as 6 yrs will be completed
I am here on Tier G dependent obtained in May 2014 after my husband's visa changed.

Now my employer is fine to sponsor me tier2 General after september.

1.Will cooling off apply to me?
not unless you were in the UK under T2 in the previous year
2.I believe I need to go back to home country and get entry clearance.
yes, and you will need a restricted CoS and RLMT (unless an exemption applies)
How many years of T2G will I be eligible then?
max 6 years total and initially max 5 years or the work end date in the CoS if that is earlier
3.Will my husband be able to shift from t2g from t2g dependant after 2017?
he can switch any time once you have your T2G visa

4.Will his 3yrs t2g and 2 years t2g dependant give him PR eligibility in 2019.
no


Looking fwd for your response.

[Vinkish]

Thanks manci.
I have been here in tier 2 ict long term staff partner visa from 2011 and just changed to tier 2 general partner visa. In this case my employer is fine to sponsor me visa this year.

Will cooling off apply for me.


Regards

[manci]

no

[urfrnd]

Hi Manci,

I had applied Tier 2 General in Feb'2014. Till date visa is under process for internal inquiries. This is 12th Week and its still in process. With your best experience can I request you to advise me on following

1. What are they digging for? they are so suspicious
2. Do they need more than 3 months to make decision? If yes any idea how many days.
3. What are the chances of refusal in case if delay in application.

Its almost 3 months and situation is dreadful. Worry worry and only worry.

Pls advise.

[manini]

Thanks for sharing.
So it no longer makes sense for people with Tier 2 ICT before Apr 2011 to switch jobs. Their stay would be capped with no provision of ILR (which was possible prior to these rules by spending 5 years in Tier 2 General).

Also, in such a case, the option for people with Tier 2 ICT before Apr 2011 to switch into Tier 2 General (available as per the rules) will become meaningless by Apr 2017 as they would have spent 6 years in UK.

Hi Why do you say that no provision of ILR? As you are allowed 6 years stay which makes you eligible for ILR after 5 years stay. Did you see any rules saying as you said or it was mistaken from any post.

[Nachi]

Dear Manci,

I am living in UK on Tier 1 Visa. Came here in 2011. My wife came at the same time on Tier 2 ICT Visa. She opted for dependent visa in Oct'13. Now when we file our ILR, will UKBA consider her 2 Years spent in UK on ICT Tier 2 Visa as part of 5 years completion in UK?
I know that I will have no problems getting ILR however I just want to know that can my wife get ILR after completing 2 years on ICT Tier 2 visa and 3 years as a dependent of Tier 1 Visa.

Thanks,
Nachi

[t2query]

Hi Manci,

We are in the process of filling a Tier 2 General visa application from outside the UK.

In the application form, in the "Tier 2 Skilled Worker" section, there is this question "Have you taken more than one months leave in the last year?".

Just wondering what is the significance of this question. Does this mean if the applicant took more than 1 month leave in the last year, then the chances of obtaining a Tier 2 General leave grant are less. What happens if a person was on leave for more than a year? Can he/she still apply for this Tier 2 General leave grant?

Thank you for your help.

[manci]

@t2query
the tier 2 visa application form is VAF9 + Appendix 5 (or online). Where do you see such a question?

[manci]

Dear Manci,

I am living in UK on Tier 1 Visa. Came here in 2011. My wife came at the same time on Tier 2 ICT Visa. She opted for dependent visa in Oct'13. Now when we file our ILR, will UKBA consider her 2 Years spent in UK on ICT Tier 2 Visa as part of 5 years completion in UK?
I know that I will have no problems getting ILR however I just want to know that can my wife get ILR after completing 2 years on ICT Tier 2 visa and 3 years as a dependent of Tier 1 Visa.
unfortunately not
Thanks,
Nachi

[t2query]

Hi Manci,

I am applying outside the UK at the following weblink.

https://www.visa4uk.fco.gov.uk/

And in the Section "Tier 2 Skilled Worker", this question is there.

Thank you.

[manci]

deleted

[manci]

Hi Manci,

I am applying outside the UK at the following weblink.

https://www.visa4uk.fco.gov.uk/

And in the Section "Tier 2 Skilled Worker", this question is there.
On the paper form there doesn't seem to be such a question, are you using the correct online process?
Do you have a CoS with RLMT and have you served the 1 year cooling period?

Thank you.

[t2query]

Hi Manci,

Yes we do have a CoS with RLMT. And I think I am applying correctly online.

As per the new rules of April 2014, is there any rule which specifies that a person who had the Tier 2 ICT can't apply for Tier 2 General even after the 12 months cooling-off period?

Many thanks.

[manci]

Hi Manci,

Yes we do have a CoS with RLMT. And I think I am applying correctly online.

As per the new rules of April 2014, is there any rule which specifies that a person who had the Tier 2 ICT can't apply for Tier 2 General even after the 12 months cooling-off period?
there is no such rule, you are eligible to apply 1 year after you left the UK as a T2 migrant

Many thanks.

[t2query]

Hi Manci,

Thank you so much for your confirmation on the cooling-off period.

But coming back to my earlier question, I don't know how it can be reconfirmed to you that I am using the correct online process. Under the assumption that I am using the correct online process to apply for the Tier 2 General migrant grant, can you please tell me the significance of the question that I mentioned earlier which I am reproducing here again.

"Have you taken more than one months leave in the last year?"

Thanks a lot.

[imab]

Hi Why do you say that no provision of ILR? As you are allowed 6 years stay which makes you eligible for ILR after 5 years stay. Did you see any rules saying as you said or it was mistaken from any post.

@Manini,
My post was in relation to people who came on Tier 2 ICT visa between 6 Apr 2010 and between 5 Apr 2011. These persons can stay as long as they want in their visa category but will not be eligible for ILR after 5 years.

[sliver80]

Hi Manci

Please can you help me with my below query regarding ILR eligibility?

July 2008: Entry Clearance visa issued. It was a Work Permit sponsored by my employer with 24 months validity.
10th May 2010: Latest relevant (for ILR calculation) entry from abroad into the UK using the above Work Permit
June 2010: Applied for leave to remain. This time issued Tier 2 ICT (18 months validity) with same employer
Jan 2012: Applied for leave to remain. This time issued Tier 2 ICT Long Term (18 months validity) with same employer
July 2013: Applied for leave to remain. This time issued Tier 2 ICT Long Term (12 months validity) with same employer

Now in 2014, another employer may be willing to sponsor me on Tier 2 General category.

If they offer me a position and assuming I switch to the new employer, will I be eligible for ILR in May 2015? My understanding is I will be as my 5 year continuous stay by May 2015 includes a period where I held a Work Permit, albeit a brief 1 month only.

The Tier 2 General visa will be issued till June 2016 only I suppose, as it will be 6 years by June 2016 since my initial Tier 2 visa (issued in June 2010)

Thanks
Sliver80