Regarding UK Tier 2 General Visa

[dhana2k]

Hi,

This is Dhana. Right now, I am working in U.K on Tier 2 Intra Company Transfer visa from June 2011. Now, I got a permanent offer, wherein employer is ready to sponsor me Tier 2 General. However, from the policies I understand that I can't able to switch from my current (Tier 2 ICT) to Tier 2 General with in the country. In this regard, I have below queries. Could any one take a look and suggest me on this please.

If I go back to my home country and came back U.K again on Tier2 general visa, then how many years of visa that I will be getting ?
Is it for initially 3 years with possible extension of another 2 years ? If yes, does it leads to ILR after successful completion of 5 years of my continues stay in U.K ?

OR

As, I have already completed 3 years on Tier 2 ICT, I will be getting Tier 2 general visa only for only 2 years ? If not, after completion of another 2 years on Tier2 general, is I am eligible for ILR. (3 years Tier 2 ICT + 2 years Tier 2 General) ?

Appreciate any one's help on this.


Best Regards,
Dhana

[moonlight55]

1) Yes, you need to apply for Tier 2 from your home country.

2) Your visa is ICT Long-term or Short-term. Looks like its long-term staff. If it's long-term staff, a cool off period of 12 months will apply.

3) The duration of the visa will depend on what is mentioned in the CoS. It can be anywhere between 1 month to 5 years (as per the rules from Apr-14). It will lead to ILR in 5 years (as per the rules existent today)

4) Your ILR cycle will reset once u leave UK and apply for T2 from your home country.

[dhana2k]

Hi Ya,

Thank you very much for your prompt reply. However, I have still one more below query. Could you take a look and suggest me on this please.

My current visa category is Tier 2 ICT long term. Even though, I haven't completed my 5 years stay in U.K on this visa category, do I need to serve 1 year cooling period before switching to Tier 2 General from my home country ?

Please advice.

Best Regards,
Dhana

[moonlight55]

Yes, since your's a LT ICT visa granted after 06-Apr-2011, the cooling off period will apply for you. If it was granted before 06-Apr, cooling off would not have applied. Also note that the cooling-off will start from the day you return to your home country (and not necessarily from your current visa end date). You can read the "Tier 2 Cooling off Period" section (Pg 129) from the T2 Sponsor guidance for more details.

https://www.gov.uk/government/uploads/s ... _04-14.pdf

Let me know in case you have any questions after reading the guidance.

[dhana2k]

Thanks. So, in my case as my current ICT long term visa is issued after 6th April 2011, even though I have Tier 2 General Visa sponsors, I need to wait 12 months to come back again to U.K as per the current rules. Now, I understand correctly.

Once again, thank you very much for your detailed reply and help on this.

Best Regards,
Dhana

[jigiboy]

Dhana,
Going by the previous posts you will have to return to your home country and serve a cooling period.
I would still suggest you to consult a solicitor before you take a step.
I guess they would suggest you a way out considering that you are in UK.
I am assuming you are on Long Term ICT visa.