Switch from T2 (ICT) Established Staff to T2 General

[rockysingh]

Hi All,

I need an advice on switching from my current visa (T2 Long Term Leave to Remain) to Tier 2 General.

I was deputed to UK in Dec-2010 by employer Org-A working for my client company Org-B.
I have been transferred (TUPE) and now a permanent employee to my earlier client, company Org-B.

Please advice and confirm if i can switch my current Tier 2 ICT visa to Tier 2 General.

Below are my VISA details and history of the same:

*15/11/2010 - TIER 2 (ICT) ESTABLISHED STAFF, Validity until 28/12/2013 (Org-A)
*17/12/2010 - First Entry to UK. (Org A)
*25/12/2011 - Back to home country. (Org A)
*04/06/2012 - Second entry to UK. (Org A)
*15/11/2012 - Back to home country. (Org A)
*10/11/2013 - Third entry to UK. (Org A)
*14/02/2014 - Visa Extension. T2 ICT Long Term Leave to Remain. Validity until 29/12/2015 (Org A)
*01/04/2014 - Due to TUPE transfer to Org B as permanent emp. (Org B)
*Present - Looking to switch from T2 ICT to T2 General. (Org B)

Thanks a lot.

[Jeeves]

Theoretically possible but the Home Office may pay particular attention to the job advertisement as the employer can only sponsor you if they can't find a settled worker. If the sponsor declares that you were the only suitable candidate it might look a bit suspicious given that it's your job they were advertising.

[Jeeves]

Curse the lack of an edit function.

I just remembered - you can't switch if you're staying with same sponsor, so I don't think this will be possible.

[rockysingh]

Jeeves, Thanks for the reply!

The current situation is I am now a permanent employee of Org-B (Client of my earlier company Org-A) since 1st April, 2014. As the project was in-sourced and due to TUPE law i had to move from Org-A to Org B.
Neither i have submitted my Original PP & Visa to Org-B nor i have heard from them about changing anything to my Visa from backend.

Looks like i need to find who is my sponsor now as of now, is it still Org-A or Org-B? Also do you know how do i check that?

In any case, Can i switch to Tier 2 General?

[rockysingh]

Can anyone pls help me with details? I will have to push to my new employer (Org-B in above example) accordingly!

-Thanks

[Frontier Mole]

Org B should have a PBS licence so will / should be listed on the register

https://www.gov.uk/government/publicati ... rs-workers

If they are not listed then the other option could be that they are part of a group on companies listed under a different name or they have only recently applied for a licence and are still awaiting the outcome.

If none of the above apply then there is a serious issue as you are in effect working illegally - in fairness it would not because of your actions but their inactive approach to obtaining a licence.

Given there were a number of ICT's transfered over (?) then you would expect the new org to be fully up to speed.