switching from tier2 ICT long term to Tier 2 general

[punithadevi]

Hi

I came to london on OCT 2010 with ICT (established staff)and while renewing the visa there is no same subcategory . so applied for longterm and approved on OCT 2012 as ICT (LONG TERM).Now I'm planning to change sponsor with tier 2 general.

My questions are below.

Question 1: I'm I eligible to apply Tier2 General Visa with different sponsor?
Question 2: If yes, on application _Application For A Grant Of Leave And Biometric Residence Permit Under Tier 2 , page number 31 Question L4 which option to select?
https://www.gov.uk/government/uploads/s ... nform1.pdf

Question 3 : i dont find right option to select so i selected (a Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category Go to question L9 . if i select this my application form is ending on L10 and instruction on page 56 is saying that my application will be refused.

Please help me. i have homeoffice appointment on 24/03/2014. its urgent.

[manci]

don't worry.

Immigration Rule 245HD, which is the law, provides that applications for leave to remain in the T2G category will be granted if you currently have leave as a T2 migrant (which you do) and if your current leave is T2 ICT then you previously had leave in the Established Staff sub-category (which you did have).

[punithadevi]

thanks for giving hope Manci.
i need two more help from you.
Question 1 : Is T2 ICT Longterm(Which i have ) and Tier 2 (ICT) migrant in the Long Term Staff are same?
Question 2: shall i go a head and select Option "(a Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category " Go to question L9 and complete the other sections as well (Section M)?

Thank you
Punitha

[punithadevi]

Hi Manci

I got my visa approved, Thanks a lot for your help:)

[ayesha.aykhan]

Hi punithadevi ,

Can you please let me know what were your answers for question L9 and L10. I am in a same situation got PEO appointment day after tomorrow so a but worried where to get information on this.

Thanks,

[punithadevi]

Hi

sorry for the late reply. i filled my application as Established staff on L4 (Tier 2 (Intra Company Transfer; Established Staff) if you are changing sponsor Go to Section M) so i dont need to answer L9 and L10.


Thanks
Punitha

[manini]

Hi Punitha, Ayesha,
Can you share some tips on how you got the job offer before you switched to tier2 general. I am trying for facing issues as agencies turn their back when they know visa status. Any specific tips tricks or consultancy which can help, please share. Look forward to your suggestions. Mani

[manini]

Hi

sorry for the late reply. i filled my application as Established staff on L4 (Tier 2 (Intra Company Transfer; Established Staff) if you are changing sponsor Go to Section M) so i dont need to answer L9 and L10.


Thanks
Punitha

Hi Punitha, Can you share some tips on how you got the job offer before you switched to tier2 general. I am trying for facing issues as agencies turn their back when they know visa status. Any specific tips tricks or consultancy which can help, please share. Look forward to your suggestions. Mani

[manini]

Hi Manci and all,

Has the rule changed anything this Apr? Is established staff arriving before Apr 2011 is still allowed to switch to tier2 general. I have got a sponsor who is ready to sponsor but I need to look for a job myself.

[manci]

T2 ICT Established Staff is still allowed to switch to T2G

[manini]

T2 ICT Established Staff is still allowed to switch to T2G

I arrived in Tier 2 ICT before Apr 2011. Thanks for confirming that I can switch. Will I be allowed to get 5 or 6 years in Tier 2 general and be eligible for ILR after 5 years of switch. I saw few posts which made me confused that new rules affect the ILR chances. Thanks in advance for the reply.

[manci]

T2 ICT Established Staff is still allowed to switch to T2G

I arrived in Tier 2 ICT before Apr 2011. Thanks for confirming that I can switch. Will I be allowed to get 5 or 6 years in Tier 2 general and be eligible for ILR after 5 years of switch. I saw few posts which made me confused that new rules affect the ILR chances.
when you switch you can only get leave up to 6 years total including the period under T2 ICT. You will not be eligible for ILR after 5 years in the UK as a T2 migrant because your T2 ICT leave didn't include a period under the rules before 6 April 2010.

Thanks in advance for the reply.

[manini]

hi, Can you help in getting the document that says if I switch to tier 2 general then I will be allowed only limited years and will not be allowed ILR. I read that rule only applies to anyone who had leave before Apr 2011. As mine was entry clearance in Mar 2011 and not leave, I assume the rule does not apply to me. But would request you to share with me any rule/document which stops me in staying 5 years after switching. My agency says I can get 3 years initially and then another 2 years. May be they are mistaken but I need to show them some real document/link to rule which says otherwise. I entered UK in tier 2 ICT in Mar 2011.
Thanks for your input in advance.

[manci]

Immigration Rule 245HE a) and b)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[manini]

Got it now. Thanks but does this mean there is no route to stay longer here or get ILR for me as I came after in Mar 2011. Can my spouse with dependent visa switch and be eligible for ILR? I have stayed 4 years now means even if I switch I can stay maximum 2 years which does not justify to switch. So any route out to stay longer I can explore?

[manci]

The Apr 14 rule change is particularly harsh on those, like you, who came to the UK as T2 ICT Established Staff in the period Apr 10 - Apr 11.

Your spouse can be sponsored to become a T2G migrant but she would have to apply from her home country and have a CoS. Under current rules she would then be eligible for ILR after 5 years and so would you if you switched into the PBS dependant category and served the 5 year probationary period.

Another option would be the 10 year route to settlement if you remained on T2 ICT. In your case (entry clearance under the rules before 5 Apr 11) there is no limit to the number of extensions you can have but of course your employer would need to continue sponsoring you.

[manini]

10 year route no chance we know. Any option for me here or after going back home country without dependent option? Sad that things are getting complex in rules.

[manci]

if you return to home country you could apply for T2G after 1 year cooling off (with CoS) and ILR after 5 years once you are back

[India_123]

if you return to home country you could apply for T2G after 1 year cooling off (with CoS) and ILR after 5 years once you are back

Hi Manci,

Not sure if the Apr 14 change actually says Tier 2 ICT leave spent as well get considered when we switch to Tier 2 G. few people in this forum posted that they have got 5 years tier 2 G visa recently when they switch from Tier 2 ICT even though they spent few years already in Tier 2 ICT, example is one in link below. Given this case, there seems to be no change in Tier 2 G as far as the 6 year limit is concerned??

http://www.immigrationboards.com/uk-tie ... l#p1047557

[manci]

read immigration rule 245HE a) and b):
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[manini]

The Apr 14 rule change is particularly harsh on those, like you, who came to the UK as T2 ICT Established Staff in the period Apr 10 - Apr 11.
Your spouse can be sponsored to become a T2G migrant but she would have to apply from her home country and have a CoS. Under current rules she would then be eligible for ILR after 5 years and so would you if you switched into the PBS dependant category and served the 5 year probationary period.

Will 1 year cooling off period apply to spouse as spouse has to fly back and apply from home country. If spouse switch from dependent to tier2 general in country does that lead to ILR still even if spouse has arrived as dependent between apr 10 to apr 11? Rules and clauses are getting so complex year after year.

[manci]

The Apr 14 rule change is particularly harsh on those, like you, who came to the UK as T2 ICT Established Staff in the period Apr 10 - Apr 11.
Your spouse can be sponsored to become a T2G migrant but she would have to apply from her home country and have a CoS. Under current rules she would then be eligible for ILR after 5 years and so would you if you switched into the PBS dependant category and served the 5 year probationary period.

Will 1 year cooling off period apply to spouse as spouse has to fly back and apply from home country.
no cooling-off for spouse if she is changing from PBS dependant leave to T2G from home country

If spouse switch from dependent to tier2 general in country
not allowed

does that lead to ILR still even if spouse has arrived as dependent between apr 10 to apr 11? Rules and clauses are getting so complex year after year.

[reachkk]

Hi Mancy,

I came to UK on a Tier 2 Long term ICT VISA in Nov 2011. The Visa expires in Oct 2014 which I can extend for another 2 years.

However I am looking for changing to Tier 2 General and looking for sponsor.

I understand that I cannot change my VISA according to new rules. However if I do have a sponsor, will I be able to change my VISA to Tier 2 General from my home country?
What are the chances of VISA rejections under such conditions?
Do you know of any such successful cases? (migrating from Tier 2 long term ICT (after April 2011) to Tier 2 General)

Appreciate your response.

Thanks..

[manci]

Hi Mancy,

I came to UK on a Tier 2 Long term ICT VISA in Nov 2011. The Visa expires in Oct 2014 which I can extend for another 2 years.

However I am looking for changing to Tier 2 General and looking for sponsor.

I understand that I cannot change my VISA according to new rules. However if I do have a sponsor, will I be able to change my VISA to Tier 2 General from my home country?
yes, but only after 1 year cooling off

What are the chances of VISA rejections under such conditions?
Do you know of any such successful cases? (migrating from Tier 2 long term ICT (after April 2011) to Tier 2 General)

Appreciate your response.

Thanks..

[manini]

1) Someone told me Tier2 ICT established staff arriving betw Apr 201 - Apr 2011 can change as the rule change was a typo only and they are still allowed to change to tier 2 general. Is it true?
2) Now that Tier2 ICT established staff arriving betw Apr 201 - Apr 2011 can stay unlimited, so does that mean by default after 10 years they get PR as anyone staying for 10 years becomes citizen/PR by law. Is it right?
3) Is there any rule change forecast next year which can allow people with Tier2 ICT established staff arriving betw Apr 201 - Apr 2011 to stay 5 years in tier 2 general or any other option will become open to stay as PR?
Thanks