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

[manci]

There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.

For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.

The actual change in the Immigration Rules:

In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.

and the explanation:

It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer) counted towards the maximum period of 6 years that applicants may spend in other Tier 2 categories. This is being corrected.

[ravi_ei]

Hello Manci,

This is a good news. If I understood it correct then it says that if someone came to UK in between April 2010 to March 2011 under Tier 2 ICT Established staff visa and switches( or already switched) to Tier 2 General then he will get 6 years on this Tier 2 general from the date he switches to Tier 2 General given that this rules comes to effect in Nov 14? Also they will be able to apply for ILR once they complete 5 years on Tier 2 General visa?

Can you clarify the part about ILR where you say:

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.[\b]

Why this will enable only some applicants as you mentioned above?

Thanks
-Ravi

[manci]

Hello Manci,

This is a good news. If I understood it correct then it says that if someone came to UK in between April 2010 to March 2011 under Tier 2 ICT Established staff visa and switches( or already switched) to Tier 2 General then he will get 6 years on this Tier 2 general from the date he switches to Tier 2 General given that this rules comes to effect in Nov 14? Also they will be able to apply for ILR once they complete 5 years on Tier 2 General visa?
yes
Can you clarify the part about ILR where you say:

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.[\b]

Why this will enable only some applicants as you mentioned above?

example: if someone with initial T2 ICT Est. Staff leave granted in Oct 10 switches in Oct 14 to T2G they will only get leave util Oct 16 and cannot therefore complete the 5 years under T2G required for ILR. However, if they wait with their application until after 6 Nov 14 they can get up to 5 years leave (extendable to 6 years) and will therefore be able to apply for ILR after 5 years residence
Thanks
-Ravi

[ravi_ei]

Sorry for asking again:
Can you confirm for my specific case:

My visa details:

Tier 2 ICT - Came to UK in Nov 2010
Switched to Tier 2 Gen in Aug 2013(inside uk) valid till Aug 2016

Now if I extend my visa after Nov 2014 with new COS can I get Tier 2 General till Aug 2019 given that new COS has duration mention till Aug 2019?

Thanks
-Ravi

[manci]

Sorry for asking again:
Can you confirm for my specific case:

My visa details:

Tier 2 ICT - Came to UK in Nov 2010
Switched to Tier 2 Gen in Aug 2013(inside uk) valid till Aug 2016

Now if I extend my visa after Nov 2014 with new COS can I get Tier 2 General till Aug 2019 given that new COS has duration mention till Aug 2019?
yes (you'll have to pay the higher fee which applies for extensions over 3 years)

Thanks
-Ravi

[ravi_ei]

Thanks Manci. Your expertise has been very helpful.

Thanks
-Ravi

[nishantjindal123]

Hi Manci/all

Appreciate your effort for answering the different kind of queries proactively. Can you please help me out here also.

I have asked this before but it looks liker we have some change in rule now.

I came to UK in March 2011 on Tier 2 ICT Established Visa for 2 years and then it got extended for next 2 years until March 2015.

As per my latest understaing that I can get Tier 2 Gen for next 6 years and then will be eligible for ILR. Can you please confirm the same?

Thanks for the help.

Regards

[ravi_ei]

Hi Manci/all

Appreciate your effort for answering the different kind of queries proactively. Can you please help me out here also.

I have asked this before but it looks liker we have some change in rule now.

I came to UK in March 2011 on Tier 2 ICT Established Visa for 2 years and then it got extended for next 2 years until March 2015.

As per my latest understaing that I can get Tier 2 Gen for next 6 years and then will be eligible for ILR. Can you please confirm the same?
Yes you can switch to Tier 2 General ( given you get a COS from a different employer ) for 6 years from the date of application for Tier 2 General. But please note that this rule will take effect from 6th Nov 2014. So if make your Tier 2 application before that then you will only get it till March 2017 and if you make it after 6th Nov 2014 ten you will get 6 years from the date you give your application. Hope this clarifies your query.
Thanks for the help.

Regards

[nishantjindal123]

Thanks Ravi for the information.Just to confirm one more thing, what is the best way to switch from Tier 2 ICT to Tier G. I mean to ask that what is appropriate time to resign to avoid any problem with job security.

Thanks

[ravi_ei]

Thanks Ravi for the information.Just to confirm one more thing, what is the best way to switch from Tier 2 ICT to Tier G. I mean to ask that what is appropriate time to resign to avoid any problem with job security.

Thanks

Refer to link below:
http://www.immigrationboards.com/uk-tie ... 69661.html

[manci]

Thanks Ravi for the information.Just to confirm one more thing, what is the best way to switch from Tier 2 ICT to Tier G. I mean to ask that what is appropriate time to resign to avoid any problem with job security.

Thanks

Refer to link below:
http://www.immigrationboards.com/uk-tie ... 69661.html

note that the work start date must be given in the new CoS and should be determined so as to allow for the notice period in the current job

[ravi_ei]

Hello Manci,

I am in process of getting a new COS from my employer to apply extension in NOV 2014. I want to understand few things:

My visa details:

Tier 2 ICT - Nov 2010
Tier 2 ICT extension - Nov 2011
Tier 2 General - Aug 2013 ( switched inside UK ) - Valid till Aug 2016

1. What kind of COS I need to extend my Tier 2 General? Restricted or Unrestricted.
2. What dates need to be put on COS will it be from Aug 2016 to Aug 2019? or it will be Nov 2014 to Aug 2019?


Thanks
-Ravi

[Tangie]

There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.

For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.

The actual change in the Immigration Rules:

In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.

and the explanation:

It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer) counted towards the maximum period of 6 years that applicants may spend in other Tier 2 categories. This is being corrected.

Hi Manci,
I have a question for you. Would you be so kind and respond to this for me please.
I need a suggestion regarding our visa.We reached UK on feb 2011 in Tier2 ict visa and later on dec 2013 we changed to tier2 General visa.We have a doubt whether we will be eligible for ILR on feb 2016.There is some confusion going on for the ppl who came in between from April 2010 to April 2011

[manci]

Hello Manci,

I am in process of getting a new COS from my employer to apply extension in NOV 2014. I want to understand few things:

My visa details:

Tier 2 ICT - Nov 2010
Tier 2 ICT extension - Nov 2011
Tier 2 General - Aug 2013 ( switched inside UK ) - Valid till Aug 2016

1. What kind of COS I need to extend my Tier 2 General? Restricted or Unrestricted.
unrestricted and your sponsor should know that
2. What dates need to be put on COS will it be from Aug 2016 to Aug 2019? or it will be Nov 2014 to Aug 2019?
it is up to your sponsor how long they want to employ you for but the max leave you can get is to August 19 (if you apply after 6 Nov)


Thanks
-Ravi

[manci]

There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.

For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.

The actual change in the Immigration Rules:

In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.

and the explanation:

It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer) counted towards the maximum period of 6 years that applicants may spend in other Tier 2 categories. This is being corrected.

Hi Manci,
I have a question for you. Would you be so kind and respond to this for me please.
I need a suggestion regarding our visa.We reached UK on feb 2011 in Tier2 ict visa and later on dec 2013 we changed to tier2 General visa.We have a doubt whether we will be eligible for ILR on feb 2016.There is some confusion going on for the ppl who came in between from April 2010 to April 2011
if you stay on T2G you will be eligible for ILR in Dec 18

[advna]

There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.

For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.

The actual change in the Immigration Rules:

In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.

and the explanation:

It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer) counted towards the maximum period of 6 years that applicants may spend in other Tier 2 categories. This is being corrected.

Manci,
I was granted a tier 2 ict in January, 2011. I first came to the UK in February, 2011. I changed sponsors, and switched to a tier 2 general visa in June 2012 (in country). I was given a three-year visa, that is up for renewal next year. Could you please tell me how long this extension will be for? Will it be three years, or will be until January 2017, i.e., six years from my first grant of leave under tier 2. Many thanks!!

[Vinkish]

hi Manci

I got Tier 2 ICT visa granted in April 2011 and came to UK in April 2011.
Do I have any chances with the change in rules?

[Vinkish]

hi Mancy
I would like to know if there are any other rules or changes in Tier 2 General application?
My wife is currently on tier2 ict dependant and planning to apply tier 2 general in Jan (sponsored by her employer). Is there any changes to that?

[apachesom]

Hi Mancy--Trust you are doing well. Request your guidance with my little long query:
My wife is ICT Long term from Feb 2014 to Feb 2017 and I am ICT Partner, same dates. We are in UK since Feb. I am currently unemployed. Is it possible for my wife to change to T2G in UK with a different willing sponsor and be eligible for ILR without going back to India?

Can I change to T2G Primary with a willing sponsor in UK and be eligible for ILR?

Thanks in advance!

Som

[manci]

Hi Mancy--Trust you are doing well. Request your guidance with my little long query:
My wife is ICT Long term from Feb 2014 to Feb 2017 and I am ICT Partner, same dates. We are in UK since Feb. I am currently unemployed. Is it possible for my wife to change to T2G in UK with a different willing sponsor and be eligible for ILR without going back to India?
no, she can only change from home country and after 1 year cooling off.

Can I change to T2G Primary with a willing sponsor in UK and be eligible for ILR?
no, only from home country but cooling off will not apply to you

Thanks in advance!

Som

[manci]

hi Mancy
I would like to know if there are any other rules or changes in Tier 2 General application?
My wife is currently on tier2 ict dependant and planning to apply tier 2 general in Jan (sponsored by her employer). Is there any changes to that?

no

[mandy1285]

Hi Manci,

Can you pls confirm of my case pls?

April 2011-->Sept 2013-- Tier 2 ICT Established Staff

Sept 13--> sep 2016-- Tier 2 General

Can you pls confirm that in Sept 2016, i can apply for which tier 2 general Visa 3 Years or 5 Years?

I believe i should be 3 years till Sep 2019 and That will give me opportunity to file my ILR in sep 2018.

But you are the expert in this field. Pls help.

Thanks in advance

[ay]

Hi Manci,

I hope you are doing good.
I am confused with the generic statement of "before 6 April 2011" and would like to clarify my situation for ILR eligibility.

I have entered UK as Tier 2 ICT in Oct 2009 and had subsequent ICT extension until Jan 2014. Then I had a change of Employment in UK and got Tier 2 General VISa from Jan 2014.

I believe I am eligible for ILR this month as I have entered UK under Tier 2 ICT with rules placed before April 2010 ?

Please do provide your valuable inputs.

Thanks for your help in advance
Regards

[mandy1285]

Hi Manci,

Can you pls confirm of my case pls?

April 2011-->Sept 2013-- Tier 2 ICT Established Staff

Sept 13--> sep 2016-- Tier 2 General

Can you pls confirm that in Sept 2016, i can apply for which tier 2 general Visa 3 Years or 5 Years?

I believe i should be 3 years till Sep 2019 and That will give me opportunity to file my ILR in sep 2018.

But you are the expert in this field. Pls help.

Thanks in advance

Hi manci any suggestion on this is much appreciated... Pls do suggest when u get some time.

[manci]

Hi Manci,

Can you pls confirm of my case pls?

April 2011-->Sept 2013-- Tier 2 ICT Established Staff

Sept 13--> sep 2016-- Tier 2 General

Can you pls confirm that in Sept 2016, i can apply for which tier 2 general Visa 3 Years or 5 Years?

I believe i should be 3 years till Sep 2019 and That will give me opportunity to file my ILR in sep 2018.
that is correct because there is a 6 year cap on your stay under T2G (to Sept 19)

But you are the expert in this field. Pls help.

Thanks in advance