Tier 2 ICT LT, what are the options

[MOB1]

Greetings,

I'm holding a Tier 2 ICT Long term since Sep 2013, my visa is valid until Oct 2016; my wife is also in the UK as Tier 2 dependant.

I didn't know that I can't get the ILR with my visa until recently last week, so I'm wondering what options do I have:

1. is there a possibility to change to T2 Genral with my current sponsor if I change my role within the company?
2. My current sponsor had offices in the US, France, Ireland... if I get transferred to one of these offices and then come back to the UK, can I get the Tier 2 G then?
3. if I want to change the job with another sponsor, can I do it while I'm still in the UK?
4. Is it easy to change to Tier 1 entrepreneur if I manage to get the £50K and then keep working as a contractor?
5. If I start a company outside the UK, can apply for Oversee business representative and work as a contractor?

If any of these options is possible, will that allow me to apply for ILR?

P.S: I work as analyst programmer

Thanks a lot

[MOB1]

Is any one able to give me some clarifications?

[physicskate]

Greetings,

I'm holding a Tier 2 ICT Long term since Sep 2013, my visa is valid until Oct 2016; my wife is also in the UK as Tier 2 dependant.

I didn't know that I can't get the ILR with my visa until recently last week, so I'm wondering what options do I have:

1. is there a possibility to change to T2 Genral with my current sponsor if I change my role within the company?
No. You cannot change to a Tier 2 general with any company unless you serve a 12 month 'cooling off period' outside the UK.

2. My current sponsor had offices in the US, France, Ireland... if I get transferred to one of these offices and then come back to the UK, can I get the Tier 2 G then?
12 month cooling off. You would need to pass an RLMT.

3. if I want to change the job with another sponsor, can I do it while I'm still in the UK?
Already answered.

4. Is it easy to change to Tier 1 entrepreneur if I manage to get the £50K and then keep working as a contractor?
'Keep'??

5. If I start a company outside the UK, can apply for Oversee business representative and work as a contractor?

If any of these options is possible, will that allow me to apply for ILR?

P.S: I work as analyst programmer

Thanks a lot

You can become a Tier 2 dependent if your spouse can pass the RLMT and get Tier 2 General sponsorship.

[MOB1]

Greetings,


4. Is it easy to change to Tier 1 entrepreneur if I manage to get the £50K and then keep working as a contractor?
'Keep'??
I meant keep working for my current employer but as a contractor

5. If I start a company outside the UK, can apply for Oversee business representative and work as a contractor?

If any of these options is possible, will that allow me to apply for ILR?

P.S: I work as analyst programmer

Thanks a lot

You can become a Tier 2 dependent if your spouse can pass the RLMT and get Tier 2 General sponsorship.

[Madness]

Hi,

I have a Tier 2 ICT (Long Term Staff) Visa,
Issue Date for the Current Visa (on Passport) is: 22/Aug/2013 & its valid till: 30/Aug/2016.

I also have previous work Permit & Tier 2 Visa as follows:
Previous Work Permits and CoS (with Old Employer)
WORK PERMIT - Issued - 15/May/2008 to 15/May/2010
COS - Issued - 16/MAY/2010 to 16/May/2011
COS - Issued - 17/MAY/2011 to 17/Nov/2012

My Previous Visits /Stay in UK under the above Visa are as follows:
22/MAY/2008 - Transit
18/AUG/2008 - 1 Month
18/NOV/2008 - 3 Months
07/OCT/2009 - 3 Weeks
29/MAR/2010 - 18 Months

I changed Jobs in May 2012 and then was proposed to come to Uk in 2013.
(New Employer) COS - Issued - 17/JULY/2013 (This is my Current CoS) -
Under this CoS, I came to UK on Sept 2013 and currently in UK.

I am looking for some advise on
1) Is it possible for me to switch my Visa Category from Tier 2 ICT (Long Term Staff) to Tier 2 General
2) Will the Cooling Period Apply in my case
3) Can I change Jobs while being in UK? I have a potential Employer willing to hire me, but i am not sure of visa options.
4) Will Switch under "Change of Sponsor" enable me to change job under current Visa? I read on UK BA website on Tier 2 General page (Switching) that people on Tier 2 (ICT Long Term Staff) can Switch if they are applying for a change of Sponsor category.
5) Can my Wife (who is on Dependent Visa at Present) switch to a Tier 2 General Category and can i later on become a dependent on her Visa?

Any Information on the above would be appreciated.

Regards
Mad

[moonlight55]

1. Yes. But, for applying for Tier 2 General, you need to apply from your home country and will be subject to 12 month cool off.

2. Yes; unless your new job is on the shortage list or you are paid 153,500 GBP or more.

3. Not on your current visa.

4. No. Its only allowed for people who were initially issued Tier 2 ICT before April 2011 and are still in UK.

5. Yes, that's possible provided she can find a sponsor who is ready to issue a CoS.

[MOB1]

1. Yes. But, for applying for Tier 2 General, you need to apply from your home country and will be subject to 12 month cool off.

2. Yes; unless your new job is on the shortage list or you are paid 153,500 GBP or more.


.

Hi, does that mean that if I'm in Tier 2 ICT (2013) and I manage to find a job in the shortage list which will be a software developer in visual effects and 2D/3D computer animation for the film, television or video games sectors; I can switch to Tier 2 General while remaining in the UK ?

[moonlight55]

No, you cannot. Cool-off will not apply if your new salary is 153,500 or more. The shortage list occupation is for RLMT exemption (not cool-off exemption). I guess i did not make it clear last time when I replied. Also, even if your salary is 153,500 or more, you cannot apply from UK. You will have to return to your home country and apply for an entry clearance.

[Madness]

Hi,
Thanks for the clarification. Much appreciate.

Just another question on your post: if the salary is more than 153,500 there is no Cooling period, but the application will have to be made from out side UK?

Can the new application be made for a tier2 general or this will still remain a tier2 ICT?
Some posts say that Tier 2 general applications from outside have a limit.

Also, does tier 2 general still qualify for a ILR?

Thanks. Much appreciate.

[moonlight55]

Hi,
Thanks for the clarification. Much appreciate.

Just another question on your post: if the salary is more than 153,500 there is no Cooling period, but the application will have to be made from out side UK?
Yes, you need to do it from outside UK.

Can the new application be made for a tier2 general or this will still remain a tier2 ICT?
You can make a Tier 2 general application if the salary is above 153,500.

Some posts say that Tier 2 general applications from outside have a limit.
Yes, its capped for most tier 2 applications (1725 per month). However, if you are getting the salary mentioned above, you do not come under the capped CoS. Your sponsor can assign an unrestricted CoS to you. You can go back and apply for entry clearance from your home country.

Also, does tier 2 general still qualify for a ILR?
Yes, as per current rules. After 5 years of continuous stay in UK, you can apply for ILR.

Thanks. Much appreciate.

[Madness]

Hi,

Thanks for all your replies. Much appreciate.

In the above post you mentioned that for a Tier 2 General application (Subject to if anyone agrees to pay that Salary), the Application will have to made from outside of UK?

Does this imply that the new Tier 2 (General) application has to be made from the Home Country or any it can be from any other country too - Say some country from Europe?

Regards
Mad

[moonlight55]

It can be any country provided you have legal permission to stay in that country. You cannot go to some country (say in Europe) as a visitor and apply from there. Also, document verification (if they want to do it) may be easier & faster if you apply from your home country.

[Madness]

No, you cannot. Cool-off will not apply if your new salary is 153,500 or more. The shortage list occupation is for RLMT exemption (not cool-off exemption). I guess i did not make it clear last time when I replied. Also, even if your salary is 153,500 or more, you cannot apply from UK. You will have to return to your home country and apply for an entry clearance.

Hi,
For a Tier2 General Visa switching, provided the company is ready to pay £153,000 or more, would it still need to issue a CoS for the Job?
Thanks.

[moonlight55]

Yes, a COS is surely required. With a higher salary (> 153,500), the employer is exempt from RLMT and cool-off.