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

[Arrowtowardsme]

Could you please help with the following questions?

1. A person was granted entry clearance under Tier 2 ICT (Established staff) Visa on June 2010.
2. His Tier 2 ICT (Established staff) visa expired on June 2012.
3. He was given extension to stay under Tier 2 ICT (long term) from July 2012 and extended under the same category and valid until Dec 2014.

Can he switch to Tier 2 general? If yes, will he fall under restricted Cos or unrestricted Cos?
(ie) a. Can the sponsor issue COS without the need for approval of UKBA?
b. Is RLMT required in this case?
c. Will the 20,700 limit apply in this case?
d. Does the 6 year restriction apply in this case?
e. If yes, how will the six year period be calculated? Will that include the tenure under Tier 2 ICT visa too or will the six year period start from the issue of tier 2 General visa?

Thanks

[manci]

you are allowed to switch to T2G with an unrestricted CoS but if you do the 6 year cap will apply, i.e. your T2G leave can only be up to June 16.

You can extend your T2 ICT leave without any cap.

[Arrowtowardsme]

Thank you Manci.

Is RLMT required?

Are there any open routes for me to switch visa other than tier 2 ICT and get ILR?

[manci]

Thank you Manci.

Is RLMT required?
yes if you switch to T2G unless the job is a shortage occupation or your pay is £153.5k or more

Are there any open routes for me to switch visa other than tier 2 ICT and get ILR?
unfortunately you will not be eligible for ILR on the 5 year route and on the 10 year (long residence) route only if you remain on T2 ICT

[Arrowtowardsme]

Thank you Manci.

Can I switch to Tier 2 General now and work until June 2016 and then do I have the eligibility to switch to Tier 1 (entrepreneur) visa?

[manci]

https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa

[Arrowtowardsme]

Thank you Manci.

Just to confirm. Irrespective of the tier 2 category your are in, you are eligible to apply for tier 1 (entrepreneur)?

[sdesaraju]

Hi Manci,

After reading the entire thread, I have found myself in the same situation and need a little bit clarification

I got my initial visa under Tier 2 ICT (Established Staff) From April-11 to April-14, However, I have first entered UK in April-12.
I have moved from ICT to Tier 2 General in July-13 and I have got BRP from Sep-13 to Sep-16.

As per what ever I have understood, this change applies to any one switching to Tier2 Gen after April-14 and not for those who are already switched. Am I correct in this assumption?

Also, Will I be eligible to extend my visa in Sep-16?

Regards,
Saikrishna

[manci]

Hi Manci,

After reading the entire thread, I have found myself in the same situation and need a little bit clarification

I got my initial visa under Tier 2 ICT (Established Staff) From April-11 to April-14, However, I have first entered UK in April-12.
I have moved from ICT to Tier 2 General in July-13 and I have got BRP from Sep-13 to Sep-16.

As per what ever I have understood, this change applies to any one switching to Tier2 Gen after April-14 and not for those who are already switched. Am I correct in this assumption?
it applies not only to switchers but also to anyone seeking further T2G leave to remain

Also, Will I be eligible to extend my visa in Sep-16?
yes but under current rules only to April 2017

Regards,
Saikrishna

[sachin40200]

hi Manchi,

this is Sachin working in UK under Tier 2 (ICT). My visa has been processed in Jan 2010 & I am continuing in UK with the same sponsoror till now & has my expiry of current visa till Jan 2016.

Now, I got a sponsror who can sponsor me Tier 2 General. Can you please answer below queries:

1. What should be CoS conditon on my new Visa(restricted/unrestircted)
2. do my sponsoror require to complete labor marketing test before issuing the CoS
3. I have 2 months notice period with my current employer. so, if my new sponsror ready to issue a Cos with start date as 2 months from now & I have been to UKB today to process the Visa as premium service. If my Visa got approved form tomorrow and recieved a BRP card & CoS start date for new emplyeer is 1st of OCtober, in such case can I still can continure with my previous employer till 30th of September as I have to serve my notice period either in UK/India.


Regards,
Sachin

[manci]

hi Manchi,

this is Sachin working in UK under Tier 2 (ICT). My visa has been processed in Jan 2010 & I am continuing in UK with the same sponsoror till now & has my expiry of current visa till Jan 2016.

Now, I got a sponsror who can sponsor me Tier 2 General. Can you please answer below queries:

1. What should be CoS conditon on my new Visa(restricted/unrestircted)
unrestricted
2. do my sponsoror require to complete labor marketing test before issuing the CoS
yes, unless the job is a shortage occupation or your salary is £153.5k or more
3. I have 2 months notice period with my current employer. so, if my new sponsror ready to issue a Cos with start date as 2 months from now & I have been to UKB today to process the Visa as premium service. If my Visa got approved form tomorrow and recieved a BRP card & CoS start date for new emplyeer is 1st of OCtober, in such case can I still can continure with my previous employer till 30th of September as I have to serve my notice period either in UK/India.
you can continue working for your present sponsor until the work start date in the new CoS.

Note that if you switch to T2G you can only get leave up to Jan 16 but you will be eligible to apply for ILR in Dec 14. Make sure that your new sponsor will be prepared to give you the certificate you need from them for the ILR application and get your present employer to confirm in writing all your absences.
Regards,
Sachin

[manci]

hi Manchi,

this is Sachin working in UK under Tier 2 (ICT). My visa has been processed in Jan 2010 & I am continuing in UK with the same sponsoror till now & has my expiry of current visa till Jan 2016.

Now, I got a sponsror who can sponsor me Tier 2 General. Can you please answer below queries:

1. What should be CoS conditon on my new Visa(restricted/unrestircted)
unrestricted
2. do my sponsoror require to complete labor marketing test before issuing the CoS
yes, unless the job is a shortage occupation or your salary is £153.5k or more
3. I have 2 months notice period with my current employer. so, if my new sponsror ready to issue a Cos with start date as 2 months from now & I have been to UKB today to process the Visa as premium service. If my Visa got approved form tomorrow and recieved a BRP card & CoS start date for new emplyeer is 1st of OCtober, in such case can I still can continure with my previous employer till 30th of September as I have to serve my notice period either in UK/India.
you can continue working for your present sponsor until the work start date in the new CoS.

Note that if you switch to T2G you can only get leave up to Jan 16 but you will be eligible to apply for ILR in Dec 14. Make sure that your new sponsor will be prepared to give you the certificate you need from them for the ILR application and get your present employer to confirm in writing all your absences.
Regards,
Sachin

[sachin40200]

hi Manchi,

this is Sachin working in UK under Tier 2 (ICT). My visa has been processed in Jan 2010 & I am continuing in UK with the same sponsoror till now & has my expiry of current visa till Jan 2016.

Now, I got a sponsror who can sponsor me Tier 2 General. Can you please answer below queries:

1. What should be CoS conditon on my new Visa(restricted/unrestircted)
unrestricted
2. do my sponsoror require to complete labor marketing test before issuing the CoS
yes, unless the job is a shortage occupation or your salary is £153.5k or more
3. I have 2 months notice period with my current employer. so, if my new sponsror ready to issue a Cos with start date as 2 months from now & I have been to UKB today to process the Visa as premium service. If my Visa got approved form tomorrow and recieved a BRP card & CoS start date for new emplyeer is 1st of OCtober, in such case can I still can continure with my previous employer till 30th of September as I have to serve my notice period either in UK/India.
you can continue working for your present sponsor until the work start date in the new CoS.

Note that if you switch to T2G you can only get leave up to Jan 16 but you will be eligible to apply for ILR in Dec 14. Make sure that your new sponsor will be prepared to give you the certificate you need from them for the ILR application and get your present employer to confirm in writing all your absences.
Regards,
Sachin

Thanks for your response. What you meant by "get your present employer to confirm in writing all your absences". If i would gone to India on leave for less than 2 months (where my salary still recieved in UK) do my employer need to justify that!!! or only this is required if absense from India is more than 3 months!

[manci]

@sachin40200
see 245HF-SD, B
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[sachin40200]

@sachin40200
see 245HF-SD, B
https://www.gov.uk/government/uploads/s ... MASTER.pdf

When Iapproached UKBA to ask the query about notice period to current employer once the visa is granted for new employer with start date as 2 months from now, I have got distinct answers. First time they said you can work till COS start date of new employer. Second time they said that if you got the Visa approved for new employer irrespect of your CoS start date you should not work. Now I am in confusion which one is correct. Do you have any guidelines which talk about this. they are talking about tier 2 gudelines rule 194/197 which says that it is not possible when i called for second time. But, I am not too sure. can you please clarify this.

below is the rule I read from one of the document. What does mean by "previous leave has not expired" Is it validity of CoS of previous employer or Validity of Visa if it is already been granted for new employer!

"It is recommended that you do not commence employment until you have received your
biometric residence permit (BRP). However, on the basis of your approval letter, if you
and your sponsor agree to commence the employment before you have your BRP, both
you and your sponsor carry the risk of having no statutory excuse against a civil penalty if
the BRP card is incorrect or withdrawn by us. You can continue working for your previous
sponsor until the start date on your new Certificate of Sponsorship, provided your previous
leave has not expired."

please resoponse in conjuction of 2 month notice period where I am already getting the Visa graned with new employer before putting the resignation
Regards,
Sachin

[manci]

@sachin40200
your notice period is of no interest to UKVI, it is to do with the contract with your employer.
all your questions have already been answered (see above)

[ravi_ei]

Hi All and Guru Manci,

I have come to UK under Tier 2 ICT Established staff in Nov 2010 for one year. I have extended it for another 2 years under Tier 2 ICT long term staff in Nov 2011 for another 2 years. In Aug 2013 I switched to Tier 2 General till august 2016 in hope that I will get another 3 years in 2016.
But due to changes in April 2014 now my stay is capped to 2016. This endangers my job after 2016 as I will have to go out of UK for an year. I have informed this to my employer. They are not believing me and conforming the situation with home office. I am not sure what options my employer can give me in this situation.

Now I was thinking how can I save my job? Is it possible that if my partner switches to Tier 4 visa(Masters degree) and I switch to Tier 4 dependent( and cancel my Tier 2 General ) then I can work for an year and then after an year I can switch back with my employer on Tier 2 General.

if it is possible then what are the conditions to switch. Does me and my partner need to apply Tier 4 from home country or we can switch here? And what about me switching back to Tier 2 after that?

Thanks
-Ravi

[manci]

Hi All and Guru Manci,

I have come to UK under Tier 2 ICT Established staff in Nov 2010 for one year. I have extended it for another 2 years under Tier 2 ICT long term staff in Nov 2011 for another 2 years. In Aug 2013 I switched to Tier 2 General till august 2016 in hope that I will get another 3 years in 2016.
But due to changes in April 2014 now my stay is capped to 2016. This endangers my job after 2016 as I will have to go out of UK for an year. I have informed this to my employer. They are not believing me and conforming the situation with home office. I am not sure what options my employer can give me in this situation.

Now I was thinking how can I save my job? Is it possible that if my partner switches to Tier 4 visa(Masters degree) and I switch to Tier 4 dependent( and cancel my Tier 2 General ) then I can work for an year and then after an year I can switch back with my employer on Tier 2 General.
this is possible provided you can show that you are a family member of your partner.

if it is possible then what are the conditions to switch.
re. your partner switching to T4 read the guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

Does me and my partner need to apply Tier 4 from home country or we can switch here?
if your partner can switch to T4 you can switch in-country

And what about me switching back to Tier 2 after that?
you can switch in-country with a restricted CoS

Thanks
-Ravi

[sachin40200]

@sachin40200
see 245HF-SD, B
https://www.gov.uk/government/uploads/s ... MASTER.pdf

When Iapproached UKBA to ask the query about notice period to current employer once the visa is granted for new employer with start date as 2 months from now, I have got distinct answers. First time they said you can work till COS start date of new employer. Second time they said that if you got the Visa approved for new employer irrespect of your CoS start date you should not work. Now I am in confusion which one is correct. Do you have any guidelines which talk about this. they are talking about tier 2 gudelines rule 194/197 which says that it is not possible when i called for second time. But, I am not too sure. can you please clarify this.

below is the rule I read from one of the document. What does mean by "previous leave has not expired" Is it validity of CoS of previous employer or Validity of Visa if it is already been granted for new employer!

"It is recommended that you do not commence employment until you have received your
biometric residence permit (BRP). However, on the basis of your approval letter, if you
and your sponsor agree to commence the employment before you have your BRP, both
you and your sponsor carry the risk of having no statutory excuse against a civil penalty if
the BRP card is incorrect or withdrawn by us. You can continue working for your previous
sponsor until the start date on your new Certificate of Sponsorship, provided your previous
leave has not expired."

please resoponse in conjuction of 2 month notice period where I am already getting the Visa graned with new employer before putting the resignation
Regards,
Sachin

Manchi can you please resond to this query i have been told by ukba in call yesterday that, if the visa for new employer is granted today with work start date in CoS from 1st oct 2014, I am not eligible to work for current employer as this current CoS is over rided!! please clarify

[ravi_ei]

Hi All and Guru Manci,

I have come to UK under Tier 2 ICT Established staff in Nov 2010 for one year. I have extended it for another 2 years under Tier 2 ICT long term staff in Nov 2011 for another 2 years. In Aug 2013 I switched to Tier 2 General till august 2016 in hope that I will get another 3 years in 2016.
But due to changes in April 2014 now my stay is capped to 2016. This endangers my job after 2016 as I will have to go out of UK for an year. I have informed this to my employer. They are not believing me and conforming the situation with home office. I am not sure what options my employer can give me in this situation.

Now I was thinking how can I save my job? Is it possible that if my partner switches to Tier 4 visa(Masters degree) and I switch to Tier 4 dependent( and cancel my Tier 2 General ) then I can work for an year and then after an year I can switch back with my employer on Tier 2 General.
this is possible provided you can show that you are a family member of your partner.

if it is possible then what are the conditions to switch.
re. your partner switching to T4 read the guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

Does me and my partner need to apply Tier 4 from home country or we can switch here?
if your partner can switch to T4 you can switch in-country
Are you saying my partner(currently on tier 2 Dependant) can switch to T4 inside UK?
And what about me switching back to Tier 2 after that?
you can switch in-country with a restricted CoS

Thanks
-Ravi

[ankjain]

On the same lines, if my wife switches to T2G (instead of T4 as below) and I move from T2ICT (Sep-2012) to T2G Dependent then :
1) will I be able to transfer from T2G Dep to T2G without any cooling off?
2) how & when will 6y cap be applicable on mine?
3) if required, by when latest should my salary > 153,500 to avoid cap & cooling off?
4) does 153,500 only salary or salary+variable component (bonus or other allowances etc.) ?

Thanks v much

Hi All and Guru Manci,

I have come to UK under Tier 2 ICT Established staff in Nov 2010 for one year. I have extended it for another 2 years under Tier 2 ICT long term staff in Nov 2011 for another 2 years. In Aug 2013 I switched to Tier 2 General till august 2016 in hope that I will get another 3 years in 2016.
But due to changes in April 2014 now my stay is capped to 2016. This endangers my job after 2016 as I will have to go out of UK for an year. I have informed this to my employer. They are not believing me and conforming the situation with home office. I am not sure what options my employer can give me in this situation.

Now I was thinking how can I save my job? Is it possible that if my partner switches to Tier 4 visa(Masters degree) and I switch to Tier 4 dependent( and cancel my Tier 2 General ) then I can work for an year and then after an year I can switch back with my employer on Tier 2 General.
this is possible provided you can show that you are a family member of your partner.

if it is possible then what are the conditions to switch.
re. your partner switching to T4 read the guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

Does me and my partner need to apply Tier 4 from home country or we can switch here?
if your partner can switch to T4 you can switch in-country

And what about me switching back to Tier 2 after that?
you can switch in-country with a restricted CoS

Thanks
-Ravi

[ankjain]

Can anyone advice? Gurus/Super Gurus/Manci?

On the same lines, if my wife switches to T2G (instead of T4 as below) and I move from T2ICT (Sep-2012) to T2G Dependent then :
1) will I be able to transfer from T2G Dep to T2G without any cooling off?
2) how & when will 6y cap be applicable on mine?
3) if required, by when latest should my salary > 153,500 to avoid cap & cooling off?
4) does 153,500 only salary or salary+variable component (bonus or other allowances etc.) ?

Thanks v much

Hi All and Guru Manci,

I have come to UK under Tier 2 ICT Established staff in Nov 2010 for one year. I have extended it for another 2 years under Tier 2 ICT long term staff in Nov 2011 for another 2 years. In Aug 2013 I switched to Tier 2 General till august 2016 in hope that I will get another 3 years in 2016.
But due to changes in April 2014 now my stay is capped to 2016. This endangers my job after 2016 as I will have to go out of UK for an year. I have informed this to my employer. They are not believing me and conforming the situation with home office. I am not sure what options my employer can give me in this situation.

Now I was thinking how can I save my job? Is it possible that if my partner switches to Tier 4 visa(Masters degree) and I switch to Tier 4 dependent( and cancel my Tier 2 General ) then I can work for an year and then after an year I can switch back with my employer on Tier 2 General.
this is possible provided you can show that you are a family member of your partner.

if it is possible then what are the conditions to switch.
re. your partner switching to T4 read the guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

Does me and my partner need to apply Tier 4 from home country or we can switch here?
if your partner can switch to T4 you can switch in-country

And what about me switching back to Tier 2 after that?
you can switch in-country with a restricted CoS

Thanks
-Ravi

[guruc2007]

Hello Manci,

You are doing wonderful job really need to appreciate..

I have great confusion regarding switching to Tier 2 General visa.

I have got T2 ICT in Sept 2010 and then later I got 2yrs extension in Sept 2012, so my T2 ICT CoS will end on Sept 2014.. I am planning to switch to T2 General, now considering the new Apr 2014 rules which you have answered in your many blogs, could you kindly answer me for the below queries.

1) How many years of T2 General Visa I will get?
2) Am I eligible for ILR ?.. Is this 4 years will count for me?
3) If I get T2 General visa, then that means will I just get till Sept 2016, if yes then is it possible to extend T2 General visa after 2016 and become eligible for ILR
4) If not possible to extend T2 General visa, then do I need to go back to India and then wait for cooling period and come back with restricted T2 general and server for 5 years and then eligible for ILR?.

Your answers to these queries will be much appreciated.

Regards
Guru

[ravi2326]

Hello Manci,

You are doing wonderful job really need to appreciate..

I have great confusion regarding switching to Tier 2 General visa.

I have got T2 ICT in Sept 2010 and then later I got 2yrs extension in Sept 2012, so my T2 ICT CoS will end on Sept 2014.. I am planning to switch to T2 General, now considering the new Apr 2014 rules which you have answered in your many blogs, could you kindly answer me for the below queries.

1) How many years of T2 General Visa I will get?
2) Am I eligible for ILR ?.. Is this 4 years will count for me?
3) If I get T2 General visa, then that means will I just get till Sept 2016, if yes then is it possible to extend T2 General visa after 2016 and become eligible for ILR
4) If not possible to extend T2 General visa, then do I need to go back to India and then wait for cooling period and come back with restricted T2 general and server for 5 years and then eligible for ILR?.

Your answers to these queries will be much appreciated.

Regards
Guru

Hello Guru,

Your timelines are matching with my situation exactly.

1) How many years of T2 General Visa I will get?
only 2 years (til Sep'16) as you can stay only for a total of 6 years under Tier2
2) Am I eligible for ILR ?.. Is this 4 years will count for me?
None of these years count for ILR, So you're not eligible
3) If I get T2 General visa, then that means will I just get till Sept 2016, if yes then is it possible to extend T2 General visa after 2016 and become eligible for ILR
Yes, you will get until Sept 2016 only with no further extension. A cooling period of 1 year applies after that.
4) If not possible to extend T2 General visa, then do I need to go back to India and then wait for cooling period and come back with restricted T2 general and server for 5 years and then eligible for ILR?.
Yes, after the cooling period you have start all over again to get eligibility for ILR by applying for a Tier2 General visa

[guruc2007]

Hello Manci,

You are doing wonderful job really need to appreciate..

I have great confusion regarding switching to Tier 2 General visa.

I have got T2 ICT in Sept 2010 and then later I got 2yrs extension in Sept 2012, so my T2 ICT CoS will end on Sept 2014.. I am planning to switch to T2 General, now considering the new Apr 2014 rules which you have answered in your many blogs, could you kindly answer me for the below queries.

1) How many years of T2 General Visa I will get?
2) Am I eligible for ILR ?.. Is this 4 years will count for me?
3) If I get T2 General visa, then that means will I just get till Sept 2016, if yes then is it possible to extend T2 General visa after 2016 and become eligible for ILR
4) If not possible to extend T2 General visa, then do I need to go back to India and then wait for cooling period and come back with restricted T2 general and server for 5 years and then eligible for ILR?.

Your answers to these queries will be much appreciated.

Regards
Guru

Hello Guru,

Your timelines are matching with my situation exactly.

1) How many years of T2 General Visa I will get?
only 2 years (til Sep'16) as you can stay only for a total of 6 years under Tier2
2) Am I eligible for ILR ?.. Is this 4 years will count for me?
None of these years count for ILR, So you're not eligible
3) If I get T2 General visa, then that means will I just get till Sept 2016, if yes then is it possible to extend T2 General visa after 2016 and become eligible for ILR
Yes, you will get until Sept 2016 only with no further extension. A cooling period of 1 year applies after that.
4) If not possible to extend T2 General visa, then do I need to go back to India and then wait for cooling period and come back with restricted T2 general and server for 5 years and then eligible for ILR?.
Yes, after the cooling period you have start all over again to get eligibility for ILR by applying for a Tier2 General visa

Hi Ravi,

Thank you very much your reply.. Is this change is due to changes in Apr 2014?.. or this rule was there before Apr 2014?.. As my employer says, I can get T2 general visa for 5 years and then I am eligible for ILR...

Thanks
Guru