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

[senthilt]

Thanks for sharing.
So it no longer makes sense for people with Tier 2 ICT before Apr 2011 to switch jobs. Their stay would be capped with no provision of ILR (which was possible prior to these rules by spending 5 years in Tier 2 General).

Also, in such a case, the option for people with Tier 2 ICT before Apr 2011 to switch into Tier 2 General (available as per the rules) will become meaningless by Apr 2017 as they would have spent 6 years in UK.

Hi Why do you say that no provision of ILR? As you are allowed 6 years stay which makes you eligible for ILR after 5 years stay. Did you see any rules saying as you said or it was mistaken from any post.

Hi Manci,

I'm bit confused.
You've mentioned elsewhere, tier 2 ict 4 years + tier 2 general 2 years (since tier 2 is caped 6 years), is not eligible for ILR through 5 year route..
Can you kindly clarify this pls.

Regards,
Senthil.

[senthilt]

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

Hi Manci,
If sachin switch to tier 2 general now, will he still be eligible for ILR, his stay in tier 2 ict will not count when switched to tier 2 general. Or am I wrong.

Regards,
Senthil.

[coventry2011]

Hi All,

Apologies... this forum is very helpful but after this rule i am very confused. It would be great if someone can help me and understand if i can go for ILR.

Here is our visa status

a) Came into the country with Tier 2 ICT Feb 2009 till Dec 2010 (Visa was valid till Jan 2011)
b) Due to end of my project went back to India in Dec 2010
c) Applied for fresh visa (from India) in March 2011 Tier 2 ICT Established Staff and came back to UK April 04 2011(Visa was valid till May 2013)
d) In May 2013 extended my visa till April 2014

But in oct "13 we switched to Tier 2 General (in-country) with a different Sponsor and have visa till Nov 2016.

So what happens after Nov 2016????

Hope to hear from you soon.
Thanks and Regards.

[ankjain]

Hi,
Can someone please answer my doubts.

Thanks in advance

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

[reachkk]

Hi Manci

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.
Before this I did my MBA here on study visa Sep 2009 to June 2010 but did not apply for Post study work visa (Which i repent till date)

My wife joined me in Jan 2012 on dependent VISA, however she joined back her company in August 2012 on same Tier 2 Long Term ICT VISA

After being here for almost 3 years now, I am now looking for Tier 2 General VISA and options to get an ILR in future.

1. 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 India without the cooling period?
2. What are the chances of VISA rejections under such conditions?
3. Do you know of any such successful cases? (migrating from Tier 2 long term ICT (after April 2011) to Tier 2 General)
4. If I cannot get the T2G VISA i plan to come back on dependent VISA. If i get a sponsor here while here on dependent VISA will I then be able to apply for T2G?

Appreciate your response.

Thanks..

[mandy1285]

Hi manci,

On the reply which u have given to Ravi can you pls confirm once again.

Can you pls once again confirm that 1 Year cooling off period can be server by being Tier 4 Dependent Here in UK.
Pls confirm this as this is very useful for me.

[reachkk]

@Manci

hi Manci,

I have a peculiar situation and really will value your feedback and inputs...

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. My company is willing.
Before this I did my MBA here on study visa Sep 2009 to June 2010 but did not apply for Post study work visa (Which i repent till date)

My wife joined me in Jan 2012 on dependent VISA, however she joined back her company (The same company as mine) in August 2012 on same Tier 2 Long Term ICT VISA

After being here for almost 3 years now, I am now looking for Tier 2 General VISA and options to get an ILR in future.

1. 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 India without the cooling period?
2. Do you know of any such successful cases? (migrating from Tier 2 long term ICT (after April 2011) to Tier 2 General)
3. If I cannot get the T2G VISA i plan to come back on dependent VISA. If i get a sponsor here while here on dependent VISA will I then be able to apply for T2G?

Appreciate your response.

Thanks..

[manci]

@reachkk
if you returned to home country you would only be eligible to apply for another T2 visa after 1 year cooling off. If you did that and obtained T2G entry clearance you would be eligible for ILR after 5 years in the UK.

From a T2 visa one can switch to a PBS dependant visa in-country.

You can also extend your T2 ICT visa in-country up to 5 years max. stay.

[mandy1285]

Hi manci,

On the reply which u have given to Ravi can you pls confirm once again.

Can you pls once again confirm that 1 Year cooling off period can be server by being Tier 4 Dependent Here in UK.
Pls confirm this as this is very useful for me.

Hi Manci,

Would you pls answer my query as well?

Thanks,

[reachkk]

@reachkk
if you returned to home country you would only be eligible to apply for another T2 visa after 1 year cooling off. If you did that and obtained T2G entry clearance you would be eligible for ILR after 5 years in the UK.

From a T2 visa one can switch to a PBS dependant visa in-country.

You can also extend your T2 ICT visa in-country up to 5 years max. stay.

@Manci, thanks for your response, really appreciate it.

If I switch to PBS dependent on my wife's Tier 2 ICT visa, will I be able to look for the similar job that I was doing here when I had T2 Long term ICT (of course with a different company)?

Once again appreciate your timely response.

K

[manci]

@reachkk
PBS dependants don't have any restrictions for taking employment except as doctors or dentists in training

[mandy1285]

@reachkk
PBS dependants don't have any restrictions for taking employment except as doctors or dentists in training

Hi Manci,

Would you pls give response to my query as well.

On the reply which u have given to Ravi can you pls confirm once again.
Can you pls once again confirm that 1 Year cooling off period can be served by being Tier 4 Dependent Here in UK. after serving 1 year as tier4 dependent I can apply for tier2 General?

Pls confirm this as this is very useful for me.

[manci]

[quote="mandy1285Hi Manci,

Would you pls give response to my query as well.

On the reply which u have given to Ravi can you pls confirm once again.
Can you pls once again confirm that 1 Year cooling off period can be served by being Tier 4 Dependent Here in UK. after serving 1 year as tier4 dependent I can apply for tier2 General?

Pls confirm this as this is very useful for me.

the only requirement for entry clearance applications is that the applicant should not have been in the UK as a T2 migrant for at least 1 year preceding the application. [/quote]

[ankjain]

Hi, Can anyone answer these please:
if my wife switches to T2G (from T2 ICT Dependent) and I move from T2ICT (stamped 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

[mandy1285]

[quote="mandy1285Hi Manci,

Would you pls give response to my query as well.

On the reply which u have given to Ravi can you pls confirm once again.
Can you pls once again confirm that 1 Year cooling off period can be served by being Tier 4 Dependent Here in UK. after serving 1 year as tier4 dependent I can apply for tier2 General?

Pls confirm this as this is very useful for me.

the only requirement for entry clearance applications is that the applicant should not have been in the UK as a T2 migrant for at least 1 year preceding the application.

[/quote]

Hi manci,

Thanks for the response. Would you pls confirm that I can switch with in Country from Tier4 PBS Dependent to Tier2 General. Alos it would be great if you can also give me the link for above rules.

Thanks,

[manci]

[quote="mandy1285Hi Manci,

Would you pls give response to my query as well.

On the reply which u have given to Ravi can you pls confirm once again.
Can you pls once again confirm that 1 Year cooling off period can be served by being Tier 4 Dependent Here in UK. after serving 1 year as tier4 dependent I can apply for tier2 General?

Pls confirm this as this is very useful for me.

the only requirement for entry clearance applications is that the applicant should not have been in the UK as a T2 migrant for at least 1 year preceding the application.

Hi manci,

Thanks for the response. Would you pls confirm that I can switch with in Country from Tier4 PBS Dependent to Tier2 General. Alos it would be great if you can also give me the link for above rules.

Thanks,
page 4, bullet point 9:
https://www.gov.uk/government/uploads/s ... _08-14.pdf[/quote]

[senthilt]

Hi natalisain,

I'm in same case as yours, did you get any firm reply.
Have you switched to Tier 2 general, Are you eligible for ILR.
I'm wondering why there is no direct reply for case where Tier2 ICT was obtained pre april 2010 rules.

Other Experts, pls pls provide clarity for me.

Regards,
Senthil.

Hi Mansi

I am not quite clear with this rule. Can you please help me clear my doubt?

I got Tier2 ICT in March 2010 and I am switching to Tier2G this month. According to new rules, am I not eligible for ILR in March 2015?

What are the consequences if I switch to Tier2 General?

Thanks
Natalie

[mandy1285]

Okay, Let me wait for my BRP ..because my COS valid for 3 years and T2G visa got approved with T2 visa form dated 02/2014 which i posted on 4 April 2014.

Will wait and hope for me to get 3 years ???

" I got my BRP with 3 years validity

Hi mate,

Thats means that they have considered the 6 year tier 2 General rule and not 6 Year Tier 2 Rule..

an you pls give me your email id.. i just need to discuss with you regarding my case.

[breezzer]

Hi manci,

I am falling under the same braket as steated by you.

I have my UK entry clearence under T2 ICT Established staff on June 2010 and staying in UK currently 4+ years

I am going to apply for T2 General by changing sponsor next week.

a) Am I allowed to stay in this country till June 2016 max. And no way I can't extend it thereafter as per current rule?

b) My current employer has ran RLMT since last 3 weeks but the job description not entirely matches with my resume (though it matches with previous cos job title ). for example I have experinece in Microsoft technologies and job description states java technologies, though I have got the offer. Will this cause any problem while getting the visa?

c) My new salary would be much lower (around 28K) than current salary (around 40K) (the guranteed part). Though the company offers other benefits and bonus which are not guranteed. Will this cause any problem?

Can you please let me know the above queries atleast before my visa interview?


Thanks in advance

[manci]

Hi manci,

I am falling under the same braket as steated by you.

I have my UK entry clearence under T2 ICT Established staff on June 2010 and staying in UK currently 4+ years

I am going to apply for T2 General by changing sponsor next week.

a) Am I allowed to stay in this country till June 2016 max. And no way I can't extend it thereafter as per current rule?
correct.

b) My current employer has ran RLMT since last 3 weeks but the job description not entirely matches with my resume (though it matches with previous cos job title ). for example I have experinece in Microsoft technologies and job description states java technologies, though I have got the offer. Will this cause any problem while getting the visa?
your previous CoS and your resume are not relevant, this will be a new job. The new job description should match the ad for the RLMT and the job description in the new CoS. The new sponsor cannot assign the new CoS before the RLMT has been satisfactorily completed and you cannot apply before the new CoS has been assigned.

c) My new salary would be much lower (around 28K) than current salary (around 40K) (the guranteed part). Though the company offers other benefits and bonus which are not guranteed. Will this cause any problem?
the guaranteed salary must be at the appropriate level for the job SOC code which the new sponsor will determine and which must match the new job description. See:
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

Can you please let me know the above queries atleast before my visa interview?


Thanks in advance

[Sana232]

Hi Manci,

Thanks for your post.

Though queries would be similar to the ones asked previously, would be helpful if you good clarify on my case.

1) My work permit was raised on August 2010, and I have been serving in UK since then. If I convert to Tier 2 general, could you please let me know the duration for which I will be granted the Tier 2 general, and also will I be eligible to apply for ILR after that.

2) If i dont convert to Tier 2general and stay with same visa till 2015 - Aug which means valid 5 years ,am I eligible to apply ILR

[manci]

Hi Manci,

Thanks for your post.

Though queries would be similar to the ones asked previously, would be helpful if you good clarify on my case.

1) My work permit was raised on August 2010, and I have been serving in UK since then. If I convert to Tier 2 general, could you please let me know the duration for which I will be granted the Tier 2 general, and also will I be eligible to apply for ILR after that.
August 2016. Unfortunately you will not be eligible for ILR on the 5 year route because you didn't have T2 ICT leave under the rules before 6 April 2010.


2) If i dont convert to Tier 2general and stay with same visa till 2015 - Aug which means valid 5 years ,am I eligible to apply ILR
no, for the same reason as above

[sachin40200]

Hi Manchi,

I have been to UK on March 2010 with Tier 2 ICT Long term staff. Now I would like to change to Tier 2 Generalfrom current category.

Am I eligible for Settlement by combining Tier 2 ICT & Tier General when I reach my 5yrs due date.

My Sponsoror want to issue a Tier 2 Genral Unrestricted Cos. Please let me know what subcategory he need to choose(Switching Immigration Category or Change of employment) while issuing tier 2 Geneeral. Can they grant Visa for 3 yrs duration from now.,


Regards,
Sachin

[kenanuk]

Hi Manchi,

I have been to UK on March 2010 with Tier 2 ICT Long term staff. Now I would like to change to Tier 2 Generalfrom current category.

Am I eligible for Settlement by combining Tier 2 ICT & Tier General when I reach my 5yrs due date.
Yes
My Sponsoror want to issue a Tier 2 Genral Unrestricted Cos. Please let me know what subcategory he need to choose(Switching Immigration Category or Change of employment) while issuing tier 2 Geneeral. Can they grant Visa for 3 yrs duration from now.,
Switching Immigration Category, Yes no issues for 3 year Visa

Regards,
Sachin

[AliAla]

Hi All

I am not quite aware what's current rule, but one of my friend who has come to UK in Sep-2010 on Tier2-ICT (from India) has found one sponsor. I guess he is not eligible for ILR, so if he can switch to Tier-2-Gen with new sponsor in UK , he can be eligible for ILR after 5 years.

Another query, Can he switch from Tier-2-ICT to Tier-2-Gen with in UK OR he has to go back India to apply for Tier-2-Gen ?

Thanks for any help.

Ali.