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

[ash1301]

Hi manci,

I have got my Tier 2 ICT Established Entry Clearance on May 2010 for 3 years. Stayed with the same company and extended my visa under ICT Long Term Staff (Leave to Remain) on June 2013 for 2 years. Still staying with the same company.

I am thinking about ILR now. Till now, I never really worried about it.
After carefully going through the changes and these forums, I am wondering whether I would ever be able to apply for ILR within UK. What are my options here?

Would I be able to apply if I stay with the same company for next 5 years (i.e. 10 year long residence)?
If I switch to Tier 2 General under different company, would I be able to apply for ILR in next June?
If I switch to Tier 2 General now under different company, would I be able to apply for ILR only after 5 years within that visa category?
Would I be able to stay in UK for 5 years to apply for ILR if I switch to Tier 2 General?

Can you please guide me through here? I am due to extension in 6 months time. I am sure I can extend under the same category as much as I want to. But without ILR, I do not see the point in staying in UK for that much period even under the same company.

Thanks,
Raj

Hi Raj,

I am almost in the boat as yours -

Came in May10 as ICT Established Staff
Now in ICT LT till May 15

Queries -

1. Can I apply ILR after May 15
2. Can I apply for extension under ICT L2 after May 15
3. Can I apply for Tier 2 General i.e. switching with the SAME employer..

I am awaiting the verdict from the knowledgeable folks in this forum on the above..

When you say - 'I am sure I can extend under the same category as much as I want to..' do you mean we can do unlimited extension under ICT L2 as we are under the rules prior to Aril 2011... so you have any references here from the UK BA sites which says so..?

Thanks in advance

Cheers
Ashish

[deepakpareek]

Hi Immigrationboard team,

Thanks for all your support. I want to sincerely thank the immigrationboards team here that helped answer many of my questions throughout the process.
I have now successfully switched from T2 ICT Migrant Partner Visa to Tier 2 General Visa , with the below stamped dates for my Tier 2 General Visa :
Valid From: 04/12/14
Valid Until: 30/11/19

Next, I would like to take your advice on the best chances to be able to apply for ILR for myself and my wife after 5 years stay in th e U.K.
Based on the info gathered so far I believe below will be the best option :

I know I will fall short by 4 days to complete 5 years on the above visa, but planning to apply for extension of 1 more year at the end Visa end date i.e. from 30/11/19 , so that I can complete full 5 years in U.K. on Tier 2 General in the U.K. Hope that will make me eligible to apply for ILR at the end of 5 years.

Option 1) Switching of my Wife - Garima's visa from Tier 2 ICT to Tier 2 General Migrant Partner (Spouse) visa.
Her current Visa details are as below :
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015
Employment status: Working for the same company and assignment in the UK that processed her Tier 2 ICT visa

Hence please help answer the below questions:
Q1) Can she immediately apply for Tier 2 General Migrant Partner (Spouse) visa ? If yes, how long does the process take and what all is required to be done?

Q2) Because of different job locations , we both are living at different addresses closer to our offices respectively. I work near Manchester and she works near London. We have our respective different addresses in all our UK bills/driving license etc.. But we meet over weekends and during leaves/holidays and are not separated but truly married. Will this be an issue when we apply to switch her Visa type from Tier 2 ICT to Tier 2 General Staff Partner (Spouse) visa ? Or will this be an issue when we finally apply for ILR at the end of both of ours Tier 2 General and Tier 2 General Partner visa complete 5 years in the U.K. ?
I ask this, because somewhere I read about is that your partner should be living with you etc..
Can you please suggest?

Q3) If she continues on her Tier 2 ICT visa and gets it extended for another 3 years. Now after 5 years of her stay in U.K. (most of it on Tier 2 ICT, 4.5 yrs on tier 2 ICT and then remaining on Tier 2 General dependent, will she be eligible to apply for ILR ?

Hoping for your quick and swift reply as always.

Thanks Again!!

Regards
Deepak

[frequency]

Hi immigrationboard team,

Please help advise regarding my plan to switch from from TIER 2 ICT to TIER 2 General Dependant visa
Below are my current visa details:
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015

and below are my husband's current visa details:
Visa Type: Tier 2 General (Restricted Cos)
Valid From: 04/12/14
Valid Until: 30/11/19

Q1) Can I apply for Tier 2 General Migrant Partner (Spouse) visa ?
Q2) What is the processing time for this?
Q3) Are their any major constraints in applying for this?
Q4) Will I be eligible to continue to work with my current employer after switching to Tier 2 General visa?

Hoping for a quick response.
Thanks in advance

Regards

[Swaani]

Manci,

Thanks a lot for all yours posts. My question was answered even before questioning.

So My Question was T2 ICT ST to T2 Genral ( now ) with different COS and diff company - Ans was NO as cooling off will apply.

But if I apply within UK..? as I still have 3 months in hand to go back to India..

Regards,
Swaani.

[manci]

Manci,

Thanks a lot for all yours posts. My question was answered even before questioning.

So My Question was T2 ICT ST to T2 Genral ( now ) with different COS and diff company - Ans was NO as cooling off will apply.

But if I apply within UK..? as I still have 3 months in hand to go back to India..
you can only apply from within the UK, i.e. switch, if your initial T2 ICT leave was under the rules before 6 April 2011
Regards,
Swaani.

[manci]

Hi immigrationboard team,

Please help advise regarding my plan to switch from from TIER 2 ICT to TIER 2 General Dependant visa
Below are my current visa details:
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015

and below are my husband's current visa details:
Visa Type: Tier 2 General (Restricted Cos)
Valid From: 04/12/14
Valid Until: 30/11/19

Q1) Can I apply for Tier 2 General Migrant Partner (Spouse) visa ?
yes
Q2) What is the processing time for this?
check on the UKVI website
Q3) Are their any major constraints in applying for this?
read the policy guidance:
https://www.gov.uk/government/uploads/s ... _07-14.pdf
Q4) Will I be eligible to continue to work with my current employer after switching to Tier 2 General visa?
once you get your visa you will be free to work anywhere (except as a doctor/dentist in training)

Hoping for a quick response.
Thanks in advance

Regards

[manci]

Came in May10 as ICT Established Staff
Now in ICT LT till May 15

Queries -

1. Can I apply ILR after May 15
no, because your initial leave was not under the rules before 6 April 2010
2. Can I apply for extension under ICT L2 after May 15
yes, there is no limit to the number of extensions you can have but will need a new CoS each time
3. Can I apply for Tier 2 General i.e. switching with the SAME employer..
you can only switch to T2G with a different sponsor

I am awaiting the verdict from the knowledgeable folks in this forum on the above..

When you say - 'I am sure I can extend under the same category as much as I want to..' do you mean we can do unlimited extension under ICT L2 as we are under the rules prior to Aril 2011... so you have any references here from the UK BA sites which says so..?

Thanks in advance

Cheers
Ashish

[manci]

Hi Immigrationboard team,

Thanks for all your support. I want to sincerely thank the immigrationboards team here that helped answer many of my questions throughout the process.
I have now successfully switched from T2 ICT Migrant Partner Visa to Tier 2 General Visa , with the below stamped dates for my Tier 2 General Visa :
Valid From: 04/12/14
Valid Until: 30/11/19

Next, I would like to take your advice on the best chances to be able to apply for ILR for myself and my wife after 5 years stay in th e U.K.
Based on the info gathered so far I believe below will be the best option :

I know I will fall short by 4 days to complete 5 years on the above visa, but planning to apply for extension of 1 more year at the end Visa end date i.e. from 30/11/19 , so that I can complete full 5 years in U.K. on Tier 2 General in the U.K. Hope that will make me eligible to apply for ILR at the end of 5 years.

Option 1) Switching of my Wife - Garima's visa from Tier 2 ICT to Tier 2 General Migrant Partner (Spouse) visa.
Her current Visa details are as below :
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015
Employment status: Working for the same company and assignment in the UK that processed her Tier 2 ICT visa

Hence please help answer the below questions:
Q1) Can she immediately apply for Tier 2 General Migrant Partner (Spouse) visa
yes
If yes, how long does the process take
check on the UKVI website
and what all is required to be done?
read the guidance
https://www.gov.uk/government/uploads/s ... _07-14.pdf
and complete the application form

Q2) Because of different job locations , we both are living at different addresses closer to our offices respectively. I work near Manchester and she works near London. We have our respective different addresses in all our UK bills/driving license etc.. But we meet over weekends and during leaves/holidays and are not separated but truly married. Will this be an issue when we apply to switch her Visa type from Tier 2 ICT to Tier 2 General Staff Partner (Spouse) visa ? Or will this be an issue when we finally apply for ILR at the end of both of ours Tier 2 General and Tier 2 General Partner visa complete 5 years in the U.K. ?
I ask this, because somewhere I read about is that your partner should be living with you etc..
Can you please suggest?
you will have to provide evidence that you live in a married relationship

Q3) If she continues on her Tier 2 ICT visa and gets it extended for another 3 years. Now after 5 years of her stay in U.K. (most of it on Tier 2 ICT, 4.5 yrs on tier 2 ICT and then remaining on Tier 2 General dependent, will she be eligible to apply for ILR ?
no

Hoping for your quick and swift reply as always.

Thanks Again!!

Regards
Deepak

[Hemanta1129]

Hi Manci,

I have been following immigrationboards for a while as Im in the same situation as most of the folks in here.

I really appreciate your effort you taking for all VISA related queries.

My situation:

I came to UK in Aug 2010 with TIER2 ICT LONGTERM ESTABLISHED STAFF VISA.

My queries:
1 -- If I switch to TIER-2 General now, does the 6 year CAP is applicable for me?
As I understand according to new rule in 2014 a 6 year cap has been placed and later removed in Nov 2014.

2 -- Can my current employer can extend my VISA further if I still remain in my same VISA(TIER2 ICT LONGTERM ESTABLISHED STAFF)?
2.1 -- If yes, how many extension and for how long they can extend?
2.1.1 -- If current employer can extend it for 10 years, will I be eligible for ILR?

Appreciate your help.

Regards
Hemanta

[x31122010]

Hi Manci,

Can you please address my query ( You have been exceptionally patient in answering all questions )

Background :
Tier 2 ICT Established Staff
Visa Start date : 04 Feb 2011
Entry date : 19 Feb 2011

I have since worked in the UK, with Tier 2 ICT extension with the same employer and my visa ends on 07 Feb 2015.
Although, my employer has requested me to apply for another extension in Jan 2015 which should cover me till Feb 2016 atleast.

My questions:
1. Am I eligible for ILR/PR in Feb 2016, should I continue to work for the same employer. Or is it 10 yr, i.e. 2021
2. If I choose to opt for T2 General, in country switching, will I get a visa until Feb 2017 only - post which I need to leave the UK?
3. The 180 days period of absence applies per year OR for the continuous period of 5 years?

Thanks,
x31122010

[AshishDevkar]

Hi Manci et all..

I have been following and reading some of the queries on the forum in regrads to switching from T2 ICT to T2 general.

My Visa status is that I am on a T2 ICT dependent visa originally granted in January 2012 and have just received my extension till November 2016.

Are you able to confirm if I can switch to T2 general visa category as I am on a dependent visa without cooling period and without the 153k pa salary slab. If yes, then can my partner become my dependent post I obtain a T2 General Visa. Also would this lead to a ILR post 6yrears of continued stay in UK from the T2 general visa grant date.

Any clarity in this matter would be appreciated.

Thanks,

Ash

[ankitshah1986]

Hello,

I have got my Tier2 ICT on Jun 2011 and then have been granted an extension till Sep 2016.
I believe there is no way I can get a further extension without going through a cool off period.

If above is true I have couple of question
- If I go to a different country outside UK and work there for a year (which is not my home country), can my company apply a Tier 2 General Visa for me after a year or does this application have to be made from my home country?

- Once I come back to UK, am I eligible for ILR under current rules?

Thanks,
Ankit

[manci]

Hi Manci,

I have been following immigrationboards for a while as Im in the same situation as most of the folks in here.

I really appreciate your effort you taking for all VISA related queries.

My situation:

I came to UK in Aug 2010 with TIER2 ICT LONGTERM ESTABLISHED STAFF VISA.

My queries:
1 -- If I switch to TIER-2 General now, does the 6 year CAP is applicable for me?
As I understand according to new rule in 2014 a 6 year cap has been placed and later removed in Nov 2014.
if you switch to T2G the 6 year cap will only apply from the date of the switch and you will be eligible to apply for ILR after 5 years

2 -- Can my current employer can extend my VISA further if I still remain in my same VISA(TIER2 ICT LONGTERM ESTABLISHED STAFF)?
2.1 -- If yes, how many extension and for how long they can extend?
your T2 ICT visa can be extended indefinitely but you'll need a new CoS for each extension

2.1.1 -- If current employer can extend it for 10 years, will I be eligible for ILR?
yes

Appreciate your help.

Regards
Hemanta

[manci]

Hi Manci,

Can you please address my query ( You have been exceptionally patient in answering all questions )

Background :
Tier 2 ICT Established Staff
Visa Start date : 04 Feb 2011
Entry date : 19 Feb 2011

I have since worked in the UK, with Tier 2 ICT extension with the same employer and my visa ends on 07 Feb 2015.
Although, my employer has requested me to apply for another extension in Jan 2015 which should cover me till Feb 2016 at least.

My questions:
1. Am I eligible for ILR/PR in Feb 2016, should I continue to work for the same employer. Or is it 10 yr, i.e. 2021
no, you will only be eligible for ILR on the 10 year( long residence) route unless you switch to T2G (see below):
https://www.gov.uk/long-residence/overview

2. If I choose to opt for T2 General, in country switching, will I get a visa until Feb 2017 only - post which I need to leave the UK?
if you switch to T2G a 6 year cap will apply to your stay in the UK counted from the time of the switch but you will be eligible for ILR after 5 years. If the T2G CoS is for 5 years your initial T2G visa can also be for 5 years

3. The 180 days period of absence applies per year OR for the continuous period of 5 years?
on the 5 year route the max 180 days absence (for a permitted reason) is for each of the 5 years counted backwards from the date of the ILR application
Thanks,
x31122010

[manci]

Hi Manci et all..

I have been following and reading some of the queries on the forum in regrads to switching from T2 ICT to T2 general.

My Visa status is that I am on a T2 ICT dependent visa originally granted in January 2012 and have just received my extension till November 2016.

Are you able to confirm if I can switch to T2 general visa category as I am on a dependent visa without cooling period and without the 153k pa salary slab.
you can apply for a T2G visa with a restricted CoS from home country without cooling off

If yes, then can my partner become my dependent post I obtain a T2 General Visa.
yes and the switch can be made from the UK

Also would this lead to a ILR post 6yrears of continued stay in UK from the T2 general visa grant date.
you will be eligible for ILR after 5 years on T2G.

Any clarity in this matter would be appreciated.

Thanks,

Ash

[manci]

Hello,

I have got my Tier2 ICT on Jun 2011 and then have been granted an extension till Sep 2016.
I believe there is no way I can get a further extension without going through a cool off period.
that is correct assuming you applied for your initial T2 ICT visa after 5 April 2011

If above is true I have couple of question
- If I go to a different country outside UK and work there for a year (which is not my home country), can my company apply a Tier 2 General Visa for me after a year or does this application have to be made from my home country?
only you can apply for your visa (after 1 year cooling-off) and this can be either from your home country or from your country of residence at the time. You will need a restricted CoS from your sponsor

- Once I come back to UK, am I eligible for ILR under current rules?
yes, after 5 years on T2G

Thanks,
Ankit

[ash1301]

Many thanks Manci..

1 last query on #2 -

2. Can I apply for extension under ICT L2 after May 15
yes, there is no limit to the number of extensions you can have but will need a new CoS each time

ASHISH - My leave is getting expired in May15, how soon can I apply the extension..?

Cheers
Ashish

Came in May10 as ICT Established Staff
Now in ICT LT till May 15

Queries -

1. Can I apply ILR after May 15
no, because your initial leave was not under the rules before 6 April 2010
2. Can I apply for extension under ICT L2 after May 15
yes, there is no limit to the number of extensions you can have but will need a new CoS each time
3. Can I apply for Tier 2 General i.e. switching with the SAME employer..
you can only switch to T2G with a different sponsor

I am awaiting the verdict from the knowledgeable folks in this forum on the above..

When you say - 'I am sure I can extend under the same category as much as I want to..' do you mean we can do unlimited extension under ICT L2 as we are under the rules prior to Aril 2011... so you have any references here from the UK BA sites which says so..?

Thanks in advance

Cheers
Ashish

[manci]

[quote="ash1301"]Many thanks Manci..

1 last query on #2 -

ASHISH - My leave is getting expired in May15, how soon can I apply the extension..?
you can apply any time within 3 months of the date of assignment of the CoS

Cheers
Ashish

[hemsingh81]

Hi All,

I want to know the ILR eligibility in current scenario, like I am thinking to apply Tier 2 Genral visa, so will I be eligible for ILR after 5 years or if not then what is way to extend my stay in UK after 5 years till I get the ILR.

It will be great help for my planning.
~Hem

[Jamit999]

Hi Manci
I got UK tier 2 ITC(Established staff) visa on 25th March 2011, entered UK on 11 April 2011 and got 2 year T2 ITC long term visa for another 2 year.
My visa is due to renew on 3rd March

I have few questions, appreciate if you can answer me
1) can I get extention for another two years? What is the maximum permitted stay under same visa?
2) can I apply for visa tier 2 general without changing company?

Thanks
Amit

[suryashmi]

Hi Manchi,
thanks for your great experties in immigration, i have few doubts if you can clarify
1.I got my VISA (T2 ICT ES) on VISA it mentioned valid from 2nd june2010
then got extension till 2016 june
the ILR rule change affect from 6 april 2010?
so i am not illegible for ILR isn't it?, my visa was applied by my company, don't know which date.. they are saying 6th May
now my question is ..
is there a way to find out which date the company submitted the VISA application ?
if CoS is assigned in april, will that override the VISA Valid date , am i still illegible for ILR?
as per new Switching rule if i apply for T2G will i get 5 years extension ? my T2 ICT valid from june 2010 to june 2016
so i will get extension till 2020 ?
Kindly reply
suryahmi

[hectar]

Hi,

I apologize, if I am asking the obvious question again.

Is it possible to switch from Tier 2 ICT(Jan 2011) to Tier 2 General through the same employer ?

Thanks

[manci]

Hi All,

I want to know the ILR eligibility in current scenario, like I am thinking to apply Tier 2 Genral visa, so will I be eligible for ILR after 5 years or if not then what is way to extend my stay in UK after 5 years till I get the ILR.
Your max stay on T2G will be 6 years and you will be eligible for ILR after 5 years

It will be great help for my planning.
~Hem

[manci]

Hi Manci
I got UK tier 2 ITC(Established staff) visa on 25th March 2011, entered UK on 11 April 2011 and got 2 year T2 ITC long term visa for another 2 year.
My visa is due to renew on 3rd March

I have few questions, appreciate if you can answer me
1) can I get extention for another two years? What is the maximum permitted stay under same visa?
you can get unlimited extensions with a new CoS for each extension

2) can I apply for visa tier 2 general without changing company?
you can only switch to T2G if you change sponsor
Thanks
Amit

[manci]

Hi Manchi,
thanks for your great experties in immigration, i have few doubts if you can clarify
1.I got my VISA (T2 ICT ES) on VISA it mentioned valid from 2nd june2010
then got extension till 2016 june
the ILR rule change affect from 6 april 2010?
so i am not illegible for ILR isn't it?, my visa was applied by my company, don't know which date.. they are saying 6th May
now my question is ..
is there a way to find out which date the company submitted the VISA application ?
if CoS is assigned in april, will that override the VISA Valid date , am i still illegible for ILR?
as per new Switching rule if i apply for T2G will i get 5 years extension ? my T2 ICT valid from june 2010 to june 2016
so i will get extension till 2020 ?
Kindly reply
suryahmi

If your initial visa was T2 ICT Established Staff you wouldn't be eligible for ILR. However, your immigration history can be obtained by making a SAR request:
https://www.gov.uk/government/publicati ... mmigration
You are allowed to switch to T2G with a new CoS from a new sponsor. The max stay on T2G will be 6 years with eligibility to apply for ILR after 5 years