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

[breezzer]

Many thanks manci. I got my visa now. Appreciate your much needed help.
They corrected my salary to 33000 as advised by you also.
But does it also mean I can't get any salary hike also till my next CoS, I mean they can't increase my salary next year?

Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have certain queries before i proceed:

A) my current sponsor has RMLT done on ad where salary specified 33000 but they are offering me 35000. Will it cause any problem in my visa process.
yes, it may because if they had advertised the post at 35k there could have been suitable applicants from the settled workforce

B) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?
no

Many thanks in advance. I am looking forward for your response

[manci]

Many thanks manci. I got my visa now. Appreciate your much needed help.
They corrected my salary to 33000 as advised by you also.
But does it also mean I can't get any salary hike also till my next CoS, I mean they can't increase my salary next year?

no, it doesn't mean that, they can increase your salary

[anilkum]

@anilkum
all HO fees are listed here:
https://www.gov.uk/government/uploads/s ... ber_v1.pdf

Thanks Manci

[elman]

Hi Manci and all!

I started working in the UK with T2 ICT (long terms staff) valid from January 2013 to February 2016 and my wife has the Partner visa for the same period.
Now I am looking at the options to be able to work another employer in the UK without 12-month cooling period. There are few options I am considering. Can you please look at them and let me know whether any of them feasible or not?

1 – My wife applies for T2G visa and I get the dependant visa, then apply for a work in the UK. Can she switch to T2G within the UK she needs to apply in the home country?
2 – My wife applies for T4 Student visa and I get the dependant visa, then apply for a work in the UK. Can she switch to T4 visa within the UK or she needs to apply in the home country?

Any other suggestion is very welcome.
Thank you.

[MK14]

This sudden rule change, which was introduced without adequate warning, hits particularly those whose initial T2 ICT leave was granted under the rules 6 April 2010 - 5 April 2011 (Established Staff) and who had expectation of settlement if they switched to T2G. Those who had T2 ICT leave under the rules before 6 April 2010 are still eligible for ILR if they remain in this immigration category.

So what are the options for people between this period (I cannot change my employer)
What is the criteria for people who do not need to complete the cool-off period?

[manci]

This sudden rule change, which was introduced without adequate warning, hits particularly those whose initial T2 ICT leave was granted under the rules 6 April 2010 - 5 April 2011 (Established Staff) and who had expectation of settlement if they switched to T2G. Those who had T2 ICT leave under the rules before 6 April 2010 are still eligible for ILR if they remain in this immigration category.

So what are the options for people between this period (I cannot change my employer)

the 10 year (long residence route)

What is the criteria for people who do not need to complete the cool-off period?

[MK14]

Thanks Manci for a quick reply! Sorry I wasn't specific earlier.

I am currently on a T2 ICT started in July 2010 and extended in July 2013, so the 5 year period finishes on 30th July 2015.

So just to clarify :

1) Is the 10 years long term residence applicable here?

2) And I will need to extend using FLR(LR)?

Thanks
MK

[manci]

@MK14
Under current rules you can extend your T2 ICT leave indefinitely with a new CoS for each extension. Alternatively, you can also switch to T2G in-country with a different sponsor and if you do you will be entering the 5 year route. However, in either case your eligibility for ILR will not start before 2020.

[MK14]

Okay thanks, changing sponsor is not an option.

I can request a new CoS from my current employer.

Which form do I need to use for the extension?

How many years at a time can I extend?

Much appreciate it if you could possibly send a link.

Thanks
MK

[manci]

Okay thanks, changing sponsor is not an option.

I can request a new CoS from my current employer.
no need until shortly before the expiry of your current leave

Which form do I need to use for the extension?
you can apply online or use the paper form. The current form is here but they change from time to time:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

How many years at a time can I extend?
the period of engagement in the CoS which can be up to 5 years

Much appreciate it if you could possibly send a link.
245GD and 245GE in the immigration rules:
https://www.gov.uk/government/uploads/s ... _final.pdf

Tier 2 policy guidance:
https://www.gov.uk/government/uploads/s ... e_v0_6.pdf


Thanks
MK

[gyan_sharma]

Hi Manci,

I was initially come in UK on Tier 2 ICT (Established Staff) in Jan 2011.It was granted for 2 year. This was renewed in year Jan 2013 on Tier 2 ICT (long term staff).It will be extended further for two years this month. Can I switch into Tier 2 General VISA and will get VISA for 5 year if another employer is ready for providing COS for 5 year?
I hope six year cap will be count from date of Tier 2 General rather than Feb 2011.Is this my correct understanding?

[manci]

Hi Manci,

I was initially come in UK on Tier 2 ICT (Established Staff) in Jan 2011.It was granted for 2 year. This was renewed in year Jan 2013 on Tier 2 ICT (long term staff).It will be extended further for two years this month.

Can I switch into Tier 2 General VISA
yes
and will get VISA for 5 year if another employer is ready for providing COS for 5 year?
yes

I hope six year cap will be count from date of Tier 2 General rather than Feb 2011.Is this my correct understanding?
yes

[jitu2702]

Hi Manci ,

Let me start by extending Thanks to you and your team for providing help on all the topics of immigration. your threads are quite informative.

I am working in Uk and have Tier 2 long term ICT visa valid from sep.2013 to oct 2015. My wife has a dependednt visa and is working on that visa.

My Wife's company has agreed to provide her the sponsorship letter for apply Tier 2 general Visa .

My question is :

1. Can she change from Tier2 ICT dependent to tier2 general from UK.
2. Whats the maximum duration for which she can get tier 2 general visa. Do Home office consider the time she has spent as dependent before giving her tier 2 general.
3. Once my wife gets Tier 2 general Visa , can I apply to be her dependent and get job in UK.

Thanks a lot,
Jitu

[manci]

Hi Manci ,

Let me start by extending Thanks to you and your team for providing help on all the topics of immigration. your threads are quite informative.

I am working in Uk and have Tier 2 long term ICT visa valid from sep.2013 to oct 2015. My wife has a dependednt visa and is working on that visa.

My Wife's company has agreed to provide her the sponsorship letter for apply Tier 2 general Visa .

My question is :

1. Can she change from Tier2 ICT dependent to tier2 general from UK.
no, only from home country with restricted CoS

2. Whats the maximum duration for which she can get tier 2 general visa.
5 years if the CoS is also for 5 years

Do Home office consider the time she has spent as dependent before giving her tier 2 general.
no

3. Once my wife gets Tier 2 general Visa , can I apply to be her dependent and get job in UK.
yes

Thanks a lot,
Jitu

[srmaram]

Hi Manchi ,

Thanks for sharing your experiences .

I am a tier 2 depended, working in a uk company from last 4 years . They are happy to process my visa using restricted cos .

First they applied with out RLMT process and COS got rejected with reason no RLMT information .

Now in order to process RLMT now they advertised in 3 websites which included MNC company website .

IN JOB center plus user can't see salary and closing date but when user try to apply it will direct to another job portal where user can view Salary range .

Can you please answer below :
1. Does it has any problem posting adv in job center without Salary and closing date ?
2. When UKBA will view the job advertisement before issuing cos or after ?
3. If UKBA identified salary is not mentioned in website does the Sponcer rating will be downgraded or is there Any problem for employer .

My employer is new to issue restricted cos hence I am asking .

[jitu2702]

Thanks a lot Mansi , you have been of great help.

[aamin5]

Hi,
I've a TIER2 ICT Visa started Jul 2013 and now I'm trying to switch it to TIER2 General as I found another sponsor (I just quit my previous job).
Do you think this switch is possible? Do I have to pass the cooling period or while I'm still in the UK, I still can apply for other one (T2G)?
Also my last question is that I haven't received my 60 days notice letter from homeoffice yet. Does the 60 days starts from end of my service in the previous company or from the day I receive the homeoffice letter?

Kind Regards
Amin

[manci]

Hi,
I've a TIER2 ICT Visa started Jul 2013 and now I'm trying to switch it to TIER2 General as I found another sponsor (I just quit my previous job).
Do you think this switch is possible? Do I have to pass the cooling period or while I'm still in the UK, I still can apply for other one (T2G)?
unfortunately you cannot switch in-country, you would have to return to home country and wait for 12 months before you could apply (cooling off)

Also my last question is that I haven't received my 60 days notice letter from homeoffice yet. Does the 60 days starts from end of my service in the previous company or from the day I receive the homeoffice
letter?
the 60 days will be from the date the HO make the curtailment decision (a few days before you receive the letter)

Kind Regards
Amin

[aamin5]

Manci, Many thanks for the quick reply.
So basically I cant work here even if I find a sponsor (which I have)?
Funny fact is, the sponsor company has sent my details (passport copy, Visa...) to their lawyer and their lawyer told me I'm eligible to get the T2General Visa! and it takes around 4 weeks (they haven't even take my Passport!). So I'm waiting for them; They said they've sent my docs to HO and waiting for their reply.

Do you think this makes sense or there's sth fishy here?

Thanks again
Amin

[manci]

Manci, Many thanks for the quick reply.
So basically I cant work here even if I find a sponsor (which I have)?

Funny fact is, the sponsor company has sent my details (passport copy, Visa...) to their lawyer and their lawyer told me I'm eligible to get the T2General Visa! and it takes around 4 weeks (they haven't even take my Passport!). So I'm waiting for them; They said they've sent my docs to HO and waiting for their reply.

you could only switch to T2G in-country if your first T2 ICT leave had been applied for before 6 April 2011 (Established Staff). See the T2 policy guidance para 15. Since following the termination of your T2 ICT job you are not eligible to switch to another job in the UK the curtailment period may in fact be less than 60 days.

Do you think this makes sense or there's sth fishy here?
suggest you talk to the company lawyer again

Thanks again
Amin

[rk309]

Hi Manci,

I am new to this forum and I apologize if you have already answered this before. My company is sponsoring my tier 2 ICT and I will be travelling to UK in May 2015. I wanted to understand what options do I have to convert this to ILR? My initial stay is expected to be for couple of years but I am sure that I will be able to extend that for 5 years in total.

Thanks
Kr

[manci]

@rk309
Your T2 ICT leave will only make you eligible for ILR if you stay 10 years in the UK. However, with a T2 General visa you would be eligible for ILR after 5 years.

[rk309]

Hi Manci,

Thanks for quick reply. May I request you for some additional guidance?
1. How easy (if at all possible) is it to convert ICT to General visa? Is there a cooling off period that I have to serve in between?
2. When you say 10 years on ICT makes me eligible for ILR, it means that I spend two 5 year terms in UK. How will the cooling off period accounted for in this scenario? As per my understanding this 10 year period will function like this - First 5 year term + 12 Month Cooling off period + Second 5 year term and then I can apply for ILR. Also, I have not been able to find this information anywhere on the web, can you share some links that I can read?
3. Do you anticipate any changes to ICT process after May general elections? Are they going to ease up the process or is it going to get worse?

Many thanks for your help in advance.

RK

[manci]

Hi Manci,

Thanks for quick reply. May I request you for some additional guidance?
1. How easy (if at all possible) is it to convert ICT to General visa? Is there a cooling off period that I have to serve in between?
2 options:
a) if your sponsor is also licenced for T2G ask them to cancel your present CoS and assign a new T2G CoS. If they are not licenced for T2G it is a simple process to extend their licence to T2G.
b) find a new T2G licensed sponsor. Since you haven't travelled to the UK yet you will not be subject to cooling-off


2. When you say 10 years on ICT makes me eligible for ILR, it means that I spend two 5 year terms in UK. How will the cooling off period accounted for in this scenario? As per my understanding this 10 year period will function like this - First 5 year term + 12 Month Cooling off period + Second 5 year term and then I can apply for ILR.
no, this is not so - unless your family circumstances allow you to switch to a PBS dependant visa at some time before the end of the first 5 year period you cannot have a continuous period of 10 years leave on T2 ICT, therefore you will not be eligible for ILR this way.

Also, I have not been able to find this information anywhere on the web, can you share some links that I can read?
Your max stay in the UK on T2 ICT will be limited to 5 years. See para 192 of the T2 policy guidance (but note that a new guidance is likely to be published next week):
https://www.gov.uk/government/uploads/s ... 3_2015.pdf
re. the requirements for ILR look at paras 245GF and 245HF of the immigration rules, for cooling off see paras 245GB and 245HB:
https://www.gov.uk/government/uploads/s ... _final.pdf

3. Do you anticipate any changes to ICT process after May general elections? Are they going to ease up the process or is it going to get worse?
will depend on the new government - no crystal ball

Many thanks for your help in advance.

RK

[rk309]

Manci - thanks for your response. Point 2 and 3 are clear but still need some guidance on point 1. Please allow me to explain my situation and the understanding that I have been provided by my immigration team.

1. I am not sure if my company is licensed to provide T2G but I can find that out.
2. The reason they are sponsoring T2ICT is because the turn around time is 3 - 4 weeks and the business requirement is such that I have to be there within that time limit.
3. If they sponsor my T2G then they have to wait for 2 - 3 months for the visa to come through.

Can my company request for T2G for an existing overseas employee? I have spent more than a year with their Dubai office and hence as per my understanding, I am only eligible for T2ICT. If they apply for my T2G, will it cause any legal implications? Does the turn around time for T2G gets reduced in case of existing overseas employees (i almost know that answer will be a No for these questions).

By what date would we have the new guidelines published?

Thanks again.
RK