Tier 2 ICT LT switching and settling in UK

[Charlie007]

Hi,

I am currently on 'Tier 2 General ICT Long term staff ' visa issued on March 2013 valid till march 2016, I wish to get settle in either in UK or Australia. Appreciate if someone helps with following queries.

1. With my situation if my current employer agrees to extend my visa do I qualify for extension?
2. In case my visa get extended and I stay here in UK for another 3 years I will be completing 5 years, does that mean I qualify for ILR and settle in UK?
And also I am trying too hard to get into more flexible roles in UK , although I am technically sound but my Job applications were getting rejected at the discussion level itself due to my visa limitations.

3.Considering above What are the best visa options switch over to apply for other companies jobs(permanent or contract) and live in UK ?
4. Can you recommend any genuine umbrella companies who can sponsor if manage to secure a contract job?
5. In worst case if nothing works out, is it better to try for Australian Visa? If yes can I get some genuine immigration consultants who can help here?

Sorry for asking too many questions, really appreciate if you can help.

Thank you,

Charlie

[physicskate]

1.) Sure.
2.) Tier 2 ICT applied for after April 6, 2010 doesn't lead to ILR.
3.) You would have to serve a 12 month 'cooling off' period outside the UK before switching roles or companies.
4.) Umbrella companies CANNOT sponsor Tier 2. At all. It is illegal.
5.) Check out those visa conditions...

[chetan0229]

Hi Charlie,

As physicskate explained, Tier2 ICT migrants with grants afte 6 April 2010 wouldn't lead to ILR.

since you got your ICT in March 2013, unfortunately you wouldn't be allowed to switch into any other category.

Only way would be to go back to your native country, serve 12 months of "cooling off period" and re-enter as Tier 2G

All the best

[MPR-USA]

Hello experts,

My goal was to have a 5-year visa and then explore a way to obtain ILR or maybe citizenship. (lawyer thought best/easier to obtain a 3-year visa first)

Unfortunately, it looks like I am one of the lucky ones to have a T2 ICT LT Staff issued on 03/2013 until 04/2016, with no way of changing types or sponsors or anything else, except a one-time 2 year extension?

Has the law changed to allow a 6 year maximum stay (allowing our family a 3 year extension)?
Do I have to go back to my home country (USA) for the 1 year "cool-off" period or can I go to any other country (Spain or Ireland)?
After this period, do I then qualify to apply for a T2 G (end goal of ILR)? With the same sponsor?

Is there an exception/loophole (employee rights, asylum, human rights, etc.) that would allow me to stay as the end of the visa means I will be fired/redundant in the USA?

Thanks for your replies.

Visa Type:
me - Tier 2, ICT Long Term Staff Migrant (arrived 15/04/2013)
wife - Tier 2, ICT Long Term Staff Migrant Partner (arrived 15/04/2013)
children - Tier 2, ICT Long Term Staff Child (arrived 15/06/2013)

IT Manager
SOC (pre 06/2013): 1136 Information and communication technology managers
SOC (post 06/2013): 2133 IT specialist managers

[physicskate]

Hello experts,

My goal was to have a 5-year visa and then explore a way to obtain ILR or maybe citizenship. (lawyer thought best/easier to obtain a 3-year visa first)
You would have had to obtain a Tier 2 general visa to achieve this. The company would have had to undergo a resident labour market test to prove the role could not be undertaken by an already settled worker.

Do I have to go back to my home country (USA) for the 1 year "cool-off" period or can I go to any other country (Spain or Ireland)?
After this period, do I then qualify to apply for a T2 G (end goal of ILR)? With the same sponsor?
You can serve the 12 month cooling off period anywhere but in the UK (unless you become a dependent, in which case you can serve the 12 month cooling off period as the dependent of, presumably, your spouse).

Is there an exception/loophole (employee rights, asylum, human rights, etc.) that would allow me to stay as the end of the visa means I will be fired/redundant in the USA?
Do you face undo political persecution in the USA/ threat of death that cannot be dealt with by the police?? If not, please do not make a mockery of this!!!! Is this just a joke? Maybe I am just pretty jaded, but as an immigrant you have very few rights!

If this was your goal all along, you really should have done some more research...

[MPR-USA]

Oh no, no, no, I did not mean to belittle or mock the very serious needs for asylum laws (I should have only said employment laws) but I was hoping for a miracle out of this immigration minefield... gasping for air while drowning kind of thing.

USA employment laws heavily favor businesses over employees; different states manage their own, ie. in Florida, you can be fired without any notification, compensation or reason whatsoever. And since another person took my former position, I will be fired... no visa, no job.

As for the company and I, since this is our first time dealing with a visa, hired a law firm to deal with all aspects of it. Being ignorant on the subject matter, believed what they said and did not researched it on our own... big oops, but that's why people hire experts after all.

I do love being in the UK and would prefer to stay, but... it is what it is. Not having to move back to the USA, may open a way to still be with the company (10+ year employment history, tenure, etc) during the cooling off period.

Thanks physicskate for the quick reply and sorry for the wrong choice of words.

[Charlie007]

Thank you for all the replies.

I understand from here that I do not have any options on settling or switching, that means all the doors are closed?

I heard UK govemenment usually changes immigration rules during April, in near term any expected changes on these rules by UK govenment in 2015?

But interestingly now I have got an job offer from a good company and they are ready to sponsor my VISA. I do not wish to loose it and My current Visa is valid till 2016(see details above), can this new employer would be able to help?

really appreciate if you could give your thoughts