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

[shettyb]

Hello Manci,

Thank you for the quick reply.

[Vinkish]

hi Manci,

My husband is on Tier 2 ICT long term staff applied after 2011 April valid till 2015 July.
If I change from Tier2 ICT long term staff partner to Tier 2 G from home country in 2015 Jan .
If he changes to Tier 2 G dependant in 2015 May.
When will he become eligible for Tier2 General main applicant from then?
Also what rules apply for him to become Tier2 G main applicant after becoming a dependant?

Also when will we become eligible for ILR then?

[jayesh]

Hi Manci,

currently I am in UK on tier2 ICT short term transfer visa in place from april 2014. I am getting here a good opportunity from a different employer. But its possible to work for them only if I convert my visa into Tier2 general or change my sponsor. Can you please help me with the detail procedure of changing visa from T2 ICT to T2 General. Your help is much appreciated.

Thanks in Advance.

[ravi_ei]

Hi All,

I came to UK on Tier 2 ICT established staff visa in NOV 2010 which was for an year. Then in Nov 2011 I extended it for another two years in Tier 2 ICT long term staff. Then in August 2013 I got a new job in UK. The new employer sponsored me and I got a Tier 2 General Visa in August 2013.

Now government has changed the rules from April 2014 which puts a cap of 6 years on my stay in UK. This meas that I have to go back to my home country in Aug 2016 ( when I complete 6 years ) and stay out of UK for an year as cooling off period and then I can comeback with new Tier 2 Visa. Is my understanding correct?

Now I discussed this option with my employer. They are keen to keep me continuously even after I complete 6 years cap. The question they asked me was "If my employer gives me a new COS is it possible that I go back to my home country and apply for new Tier 2 General visa for 5 years ( new rule from April 2014 allows 5 years T2G with higher fees) with new COS from same employer". Is this possible?

[manci]

Hi Manci,

currently I am in UK on tier2 ICT short term transfer visa in place from april 2014. I am getting here a good opportunity from a different employer. But its possible to work for them only if I convert my visa into Tier2 general or change my sponsor. Can you please help me with the detail procedure of changing visa from T2 ICT to T2 General. Your help is much appreciated.
unfortunately you are not eligible to move to T2G without spending 1 year outside the UK first (cooling off)
Thanks in Advance.

[manci]

[quote="Vinkish"]hi Manci,

My husband is on Tier 2 ICT long term staff applied after 2011 April valid till 2015 July.
If I change from Tier2 ICT long term staff partner to Tier 2 G from home country in 2015 Jan .
If he changes to Tier 2 G dependant in 2015 May.
When will he become eligible for Tier2 General main applicant from then?
Also what rules apply for him to become Tier2 G main applicant after becoming a dependant?
as he was previously on T2 your husband would only be eligible to change from PBS dependant status to T2G after the end of the cooling-off period.

Also when will we become eligible for ILR then?
under current rules 5 years after entering the UK as a T2G migrant or if he stays in the UK 10 years after his initial entry (long residence)[/quote]

[manci]

Hi All,

I came to UK on Tier 2 ICT established staff visa in NOV 2010 which was for an year. Then in Nov 2011 I extended it for another two years in Tier 2 ICT long term staff. Then in August 2013 I got a new job in UK. The new employer sponsored me and I got a Tier 2 General Visa in August 2013.

Now government has changed the rules from April 2014 which puts a cap of 6 years on my stay in UK. This meas that I have to go back to my home country in Aug 2016 ( when I complete 6 years ) and stay out of UK for an year as cooling off period and then I can comeback with new Tier 2 Visa. Is my understanding correct?
yes

Now I discussed this option with my employer. They are keen to keep me continuously even after I complete 6 years cap. The question they asked me was "If my employer gives me a new COS is it possible that I go back to my home country and apply for new Tier 2 General visa for 5 years ( new rule from April 2014 allows 5 years T2G with higher fees) with new COS from same employer". Is this possible?
not before the end of the cooling off period (and your sponsor shouldn't ask you, they should know the rules)

[ravi_ei]

Hi All,

I came to UK on Tier 2 ICT established staff visa in NOV 2010 which was for an year. Then in Nov 2011 I extended it for another two years in Tier 2 ICT long term staff. Then in August 2013 I got a new job in UK. The new employer sponsored me and I got a Tier 2 General Visa in August 2013.

Now government has changed the rules from April 2014 which puts a cap of 6 years on my stay in UK. This meas that I have to go back to my home country in Aug 2016 ( when I complete 6 years ) and stay out of UK for an year as cooling off period and then I can comeback with new Tier 2 Visa. Is my understanding correct?
yes

Now I discussed this option with my employer. They are keen to keep me continuously even after I complete 6 years cap. The question they asked me was "If my employer gives me a new COS is it possible that I go back to my home country and apply for new Tier 2 General visa for 5 years ( new rule from April 2014 allows 5 years T2G with higher fees) with new COS from same employer". Is this possible?
not before the end of the cooling off period (and your sponsor shouldn't ask you, they should know the rules)

Manci,

With the second question what I was trying to ask is this:

If my employer cancels my current COS right now ( which will in turn cancel my current visa automatically ) and I go back to my home country now and apply for new entry clearance with new COS from my employer, will this allow me to get a new tier 2 General with rules of 2014 which will allow me to get visa for 5 years?

[jayesh]

Hi Manci,

currently I am in UK on tier2 ICT short term transfer visa in place from april 2014. I am getting here a good opportunity from a different employer. But its possible to work for them only if I convert my visa into Tier2 general or change my sponsor. Can you please help me with the detail procedure of changing visa from T2 ICT to T2 General. Your help is much appreciated.
unfortunately you are not eligible to move to T2G without spending 1 year outside the UK first (cooling off)
Thanks in Advance.

So is it possible to change the sponsor continuing on same visa? If yes then pls provide details or atleast hyperlink to such information.

[Vaas]

Hi All,

This decision is taken on April 2014 after i have switched to Tier 2 General which was in Sep 2013. But when I made the decision to switch the rules were different and I was eligible to switch and the cap of 6 years was from the point i switched. I would have stayed with my Tier 2 ICT if had know about this.

I am curious if policy changes like this are done anytime before that could effect people who had already made a decision based on the rules at that point of time.

Ex:
1) When they added 1 year cooling off peroid in 2011 april, doesnt effect people who came in before 2011
2) when they introduced 6 year cap in Tier 2 in 2012,It effected people who came before 2012 and after 2011 but still they have the chance to be eligible for ILR

Is there a chance to appeal against this change , so it wont effect people who switched before April 2014?

Can anyone through some light.

[mandy1285]

Hi vaas,

Actually its is a Good Thought and I am also In the same situation.
There seems some policy misguidance on this as if you have switched from Tier 4 to Tier 2 This is OK from ILR Perspective as he will be ok To spend 6 Yr in Tier2.

From Tier 2 Long Term Staff to Tier 2 General is not possible.. So No Use of 6 Yr Rule as far as ILR is considered.

The Only category which is impacted is Tier 2 Established Staff.

[jayesh]

Hi All,

Please can anyone put some light on switching job under tier2 Ict category is possible or not with visa in place from april 2014 onwards.

[ankjain]

Hello Everyone, Salute Manci!!
After reading ALL posts here let me clarify my understanding and then (obviously) post question
My first Visa for UK was T2 ICT Established Staff Aug-10 to Sep-12
My Second Visa for UK is T2 ICT LT Staff Migrant Aug-12 to Sep-15

Q1: Does New Rule (6Y) mean I cannot live here later than Aug-16 ?

My wife currently has T2ICT Dependent visa from Apr-14. If she (can) change to T2G.
Q2: Max stay she can stay in UK i.e. 6Y starts from Apr-14 (when she got T2ICT Dependent Visa) or 6Y from date she gets T2G?

If then I move to her dependent i.e. T2G Dependent.
Q3: Max stay I can stay is 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G Dependent OR 3) I can stay as long as my wife can stay which can give me more than 6Y of total stay on all visas.

If then I move to T2G from T2G Dependent.
Q4: My Max stay would be: 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G

Thanks a lot lot and lot for answering this..
Regards

[manci]

Hello Everyone, Salute Manci!!
After reading ALL posts here let me clarify my understanding and then (obviously) post question
My first Visa for UK was T2 ICT Established Staff Aug-10 to Sep-12
My Second Visa for UK is T2 ICT LT Staff Migrant Aug-12 to Sep-15

Q1: Does New Rule (6Y) mean I cannot live here later than Aug-16 ?
only if you switch to T2G. If you stay on T2 ICT you can extend your visa indefinitely with a new CoS for each extension

My wife currently has T2ICT Dependent visa from Apr-14. If she (can) change to T2G.
she can if she has a restricted CoS and applies from home country

Q2: Max stay she can stay in UK i.e. 6Y starts from Apr-14 (when she got T2ICT Dependent Visa) or 6Y from date she gets T2G?
the latter

If then I move to her dependent i.e. T2G Dependent.
Q3: Max stay I can stay is 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G Dependent OR 3) I can stay as long as my wife can stay which can give me more than 6Y of total stay on all visas.
3)

If then I move to T2G from T2G Dependent.
Q4: My Max stay would be: 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G
2)
Thanks a lot lot and lot for answering this..
Regards

[ankjain]

On 1. What do you mean indefinitely on T2 ICT?
As far as I know T2ICT has 5Y max stay post which they suffer cooling off period. Does that not exist anymore?

[manci]

If you remain on T2 ICT there is no time limit on your stay because your initial T2 ICT visa was under the rules before 6 April 2011. The 5 year limit only applies to those whose initial T2 ICT visa was under the rules after 5 April 2011.

[ankjain]

Ya but during my first visa (established staff) i was living in my home country & was visiting UK for work
after / near expiry Visa was changed from my home country & not from UK. It is just in 2014 that I moved permsnently to UK.
So do I suffer cooling off or not?

[manci]

Ya but during my first visa (established staff) i was living in my home country & was visiting UK for work
after / near expiry Visa was changed from my home country & not from UK. It is just in 2014 that I moved permsnently to UK.
So do I suffer cooling off or not?.

if your second visa in Aug 12 was entry clearance rather than an extension of the T2 ICT Established Staff visa (which you omitted to say in your original post) then unless your salary is more than £153.5k the 5 year limit to your stay will apply and you will have to leave the UK in 2017. After your return to home country under current rules you will be subject to 1 year cooling-off.

[ankjain]

Yes , I realise I should mention that my second visa was for entry clearance. With that does any of the below answer changes ?

Thanks again !!!

Hello Everyone, Salute Manci!!
After reading ALL posts here let me clarify my understanding and then (obviously) post question
My first Visa for UK was T2 ICT Established Staff Aug-10 to Sep-12
My Second Visa for UK is T2 ICT LT Staff Migrant Aug-12 to Sep-15

Q1: Does New Rule (6Y) mean I cannot live here later than Aug-16 ?
only if you switch to T2G. If you stay on T2 ICT you can extend your visa indefinitely with a new CoS for each extension

My wife currently has T2ICT Dependent visa from Apr-14. If she (can) change to T2G.
she can if she has a restricted CoS and applies from home country

Q2: Max stay she can stay in UK i.e. 6Y starts from Apr-14 (when she got T2ICT Dependent Visa) or 6Y from date she gets T2G?
the latter

If then I move to her dependent i.e. T2G Dependent.
Q3: Max stay I can stay is 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G Dependent OR 3) I can stay as long as my wife can stay which can give me more than 6Y of total stay on all visas.
3)

If then I move to T2G from T2G Dependent.
Q4: My Max stay would be: 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G
2)
Thanks a lot lot and lot for answering this..
Regards

[ankjain]

Waiting for your reply Guru !!!

Yes , I realise I should mention that my second visa was for entry clearance. With that does any of the below answer changes ?

Thanks again !!!

Hello Everyone, Salute Manci!!
After reading ALL posts here let me clarify my understanding and then (obviously) post question
My first Visa for UK was T2 ICT Established Staff Aug-10 to Sep-12
My Second Visa for UK is T2 ICT LT Staff Migrant Aug-12 to Sep-15

Q1: Does New Rule (6Y) mean I cannot live here later than Aug-16 ?
only if you switch to T2G. If you stay on T2 ICT you can extend your visa indefinitely with a new CoS for each extension

My wife currently has T2ICT Dependent visa from Apr-14. If she (can) change to T2G.
she can if she has a restricted CoS and applies from home country

Q2: Max stay she can stay in UK i.e. 6Y starts from Apr-14 (when she got T2ICT Dependent Visa) or 6Y from date she gets T2G?
the latter

If then I move to her dependent i.e. T2G Dependent.
Q3: Max stay I can stay is 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G Dependent OR 3) I can stay as long as my wife can stay which can give me more than 6Y of total stay on all visas.
3)

If then I move to T2G from T2G Dependent.
Q4: My Max stay would be: 1) 6Y from Aug-10 (first I got T2ICT Established Staff) OR 2) 6Y from when I get T2G
2)
Thanks a lot lot and lot for answering this..
Regards

[manci]

@ankjain
since your second visa was not an extension but entry clearance you cannot switch to T2G in-country and your stay as a T2 ICT migrant is limited to 5 years, i.e. to Aug 17.

[ankjain]

What if I move to T2G dependent? Still till Aug-2017?

[manci]

@ankjain
you can move in-country to PBS dependant any time once your wife obtained her T2G visa and while you have valid leave.

[ravi1122]

Hi Manci,

I came with my wife in Jun 2013 as Tier-2 ICT Long term dependent (valid till Jul-2015).
After that i got job in Dec 2013 and now I am planning to switch to Tier-2 General. I had a discussion with my company and they are fine with giving me sponsorship and my HR wants to know the process. After reading various post, I checked at UKBA site and my company name is not in the list.

Would like to know following from you:
1. Is it mandatory that my company should be enlisted in UKBA list to grant me sponsorship or there is some other alternative to it?
2. Alternatively, can i get my COS from umbrella company and then through that company i get work for my present company
3. In my case, is RMLT still required as I am already in that job since Dec-2013?

I am asking this as I am happy with my role and reluctant to move to a new company.

Could you please let us the know the best available option?

Thanks in advance,

Cheers,
Ravi

[manci]

Hi Manci,

I came with my wife in Jun 2013 as Tier-2 ICT Long term dependent (valid till Jul-2015).
After that i got job in Dec 2013 and now I am planning to switch to Tier-2 General. I had a discussion with my company and they are fine with giving me sponsorship and my HR wants to know the process. After reading various post, I checked at UKBA site and my company name is not in the list.

Would like to know following from you:
1. Is it mandatory that my company should be enlisted in UKBA list to grant me sponsorship or there is some other alternative to it?
yes, the company must apply for and get a sponsor licence before they can sponsor you.

2. Alternatively, can i get my COS from umbrella company and then through that company i get work for my present company
it would cost you money and may be illegal - not advisable

3. In my case, is RMLT still required as I am already in that job since Dec-2013?
yes, if the company get a sponsor licence they must carry out a RLMT before they can assign a restricted CoS and you would have to apply from home country

I am asking this as I am happy with my role and reluctant to move to a new company.
you are free to continue working for the company as a PBS dependant while you have valid leave

Could you please let us the know the best available option?

Thanks in advance,

Cheers,
Ravi