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

[manci]

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 ?
no, only with a new sponsor
Thanks

[srmaram]

Hi All,
My current visa status is Tier2 General -Partner , currently i am working an employee wit more than 3 years and he is willing to sponsor Tier2 General visa. As i understand i will come under Restricted category and need to apply visa from home country.

I have query does my employer still need to perform RLMT ? I am working with them from last 3 years. If i am undergoing RMT means they are recur ting me as a new hire right?

Please clarify
Kind Regards
Sree

[manci]

@srmaram
Your current employment as a PBS dependant is irrelevant for becoming a T2 sponsored worker. For the latter you need a NQF level 6 job with appropriate salary, for the former you only have to be paid the NMW and there are no requirements for skill level.

[skymoon2015]

Hello All

I have got tier 2 General visa, sponsored by my current employer, which is expiring on 1 May 2015 ( I have been working with this employer from May 2012). They are ready to extend it.

However, I have got another employer who are ready to sponsor me and have issued COS but I have not applied for leave to remain based on this new CoS. Now my current employer has counter offered me and is ready to promote me and increase my salary, so I am thinking of not leaving them.

Can any of you please let me know if there would be any effect of CoS issued by new/prospective employer on the leave that I already have for my current employer (upto 1 May), and also whether my current employer can extend my leave?

Regards
Thanks.

[manci]

Hello All

I have got tier 2 General visa, sponsored by my current employer, which is expiring on 1 May 2015 ( I have been working with this employer from May 2012). They are ready to extend it.

However, I have got another employer who are ready to sponsor me and have issued COS but I have not applied for leave to remain based on this new CoS. Now my current employer has counter offered me and is ready to promote me and increase my salary, so I am thinking of not leaving them.

Can any of you please let me know if there would be any effect of CoS issued by new/prospective employer on the leave that I already have for my current employer (upto 1 May), and also whether my current employer can extend my leave?
There will be no effect on your current leave. For the extension with your current employer you will need a new CoS and if they intend to assign it before the 3 month validity of the CoS with the other prospective sponsor expires you'll have to ask the other sponsor to cancel their CoS.

Regards
Thanks.

[vaspadmanabhan]

Hi,

I am currently on Tier 2 ICT dependant visa and want to switch to Tier 2 General. My employer has agreed to sponsor my Tier 2 general visa, However since I came to UK after April 2011, I cannot switch from within UK. I have to apply from India (my home country) for a Tier 2 General visa.

My Question is,

1. Has anyone filled an application for Tier 2 general while in UK ? Because in the application there is a column where I have to select a date when I left UK, which I cannot select a future date. Does this mean I can file the application only after leaving UK ?

[manci]

Hi,

I am currently on Tier 2 ICT dependant visa and want to switch to Tier 2 General. My employer has agreed to sponsor my Tier 2 general visa, However since I came to UK after April 2011, I cannot switch from within UK. I have to apply from India (my home country) for a Tier 2 General visa.
PBS dependants (except T4 dependants) cannot switch to T2G in-country irrespective of when they arrived in the UK

My Question is,

1. Has anyone filled an application for Tier 2 general while in UK ? Because in the application there is a column where I have to select a date when I left UK, which I cannot select a future date. Does this mean I can file the application only after leaving UK ?
you have to apply online from India once you have been assigned a restricted CoS

[Dilliwalah]

Hi Manci

Thanks a lot for your help and information.

Please see below my query and guide me.

Tier 2 ICT (Established staff) - May 2010 to May 2011
Tier 2 ICT (Long term staff) - May 2011 - Apr 2013
Tier 2 ICT (Long term staff) - Apr 2013 - Apr 2015 - Current leave

Now I have a employer who has issued a new COS for me under Tier 2 General. Can you please let me know below queries:

1. What should be my last date with current employer and start date of new employer?
2. If my new BRP is not given by the last day of my current employment. Should i be working during that period?
3. My new COS is for 5 years so will i be eligible for ILR
4. Once my new BRP is issued can my current employer employ me after start date of new BRP?

thanks for your help.

Regards

[manci]

Hi Manci

Thanks a lot for your help and information.

Please see below my query and guide me.

Tier 2 ICT (Established staff) - May 2010 to May 2011
Tier 2 ICT (Long term staff) - May 2011 - Apr 2013
Tier 2 ICT (Long term staff) - Apr 2013 - Apr 2015 - Current leave

Now I have a employer who has issued a new COS for me under Tier 2 General. Can you please let me know below queries:

1. What should be my last date with current employer and start date of new employer?
apply for a grant of leave based on the new CoS, preferably using the premium or priority service, but don't give notice until your application is approved. Once it is approved you can only continue working for your current sponsor until the work start date given in the new CoS. Hopefully this is sufficiently far ahead to allow you to give the contractual notice to your present employer.


2. If my new BRP is not given by the last day of my current employment. Should i be working during that period?

3. My new COS is for 5 years so will i be eligible for ILR
unfortunately not on the 5 year route because your T2 ICT leave did not include a period before 6 April 2010. However, you will be eligible for ILR on the 10 year (long residence) route in 2020

4. Once my new BRP is issued can my current employer employ me after start date of new BRP?

thanks for your help.

Regards

[Sai_tier2]

Hello, I am on Tier2 ICT long term granted in May 2010. I am looking for transfer to Tier2 General and I have a sponsorship.
The notice period with my current employer is 2 months and I am wondering when could be best time to exit with my current employer?
Will it be the good to give notice to my current employer after Tier2 General COS /Visa approval and how long does the Tier2 ICT to Tier2 General visa transfer takes?

Many thanks for your help.

[manci]

Hello, I am on Tier2 ICT long term granted in May 2010. I am looking for transfer to Tier2 General and I have a sponsorship.
The notice period with my current employer is 2 months and I am wondering when could be best time to exit with my current employer?
Will it be the good to give notice to my current employer after Tier2 General COS /Visa approval and how long does the Tier2 ICT to Tier2 General visa transfer takes?
you should only give notice after your new leave has been approved by UKVI. It would be best to apply using the same-day premium service. The work start date in the new CoS should be determined so as to allow you to give 2 months notice. You can continue working for your present employer until the work start date in the new CoS

Many thanks for your help.

[jhabak]

HI there

I am switching from Tier 2 ICT to Tier 2 General (applying from India)
I am planning to apply for my visa next week from India around 24/25 Feb.
Can you help me with some queries please?

How did you manage to get the appointment for future without filling future exit dates?
What documents did you submit?
Can you request for super priority visa appointment?
Are the below documents enough or do I need more?
1. Application Form Tier 2 General Application form
2. Appointment Appointment Print out
3. Sponsorship Restricted CoS Number
4. Job Offer Letter
5. Original Passport Indian Passport valid until 21 Sep 2015
6. Passport Photocopy 1 Set
7. Passport Size Photo 4 photos
8. Fund Maintenance
a. Sponsor PBS Support Letter
b. Self HDFC Fixed Deposit Statement Online Prints
9. English Requirement Masters degree from UK Uni + BSc Degree from India
10. Online PBS Calculator
11. Signed Appendix 5 Form
12. TB Test Results

Look forward to any help or information you can provide.

KJ

[Sai_tier2]

Hello, I am on Tier2 ICT long term granted in May 2010. I am looking for transfer to Tier2 General and I have a sponsorship.
The notice period with my current employer is 2 months and I am wondering when could be best time to exit with my current employer?
Will it be the good to give notice to my current employer after Tier2 General COS /Visa approval and how long does the Tier2 ICT to Tier2 General visa transfer takes?
you should only give notice after your new leave has been approved by UKVI. It would be best to apply using the same-day premium service. The work start date in the new CoS should be determined so as to allow you to give 2 months notice. You can continue working for your present employer until the work start date in the new CoS

Many thanks for your help.

Hi Manci, Thank you so much for your answer. I would really appreciate if you can answer below questions as well:
1. Is the 1 month job center plus notice mandatory for intra-country Tier 2 General Cos for ICT longterm to General transfer? If yes, then I think I should give 3 months notice to my new employer? (1month job center + 2 months with my current employer).
2. Is the monthly limit of Tier 2 G applications applicable for intra country transfer as well?
3. If I am in Tier2 ICT for 6 years and Tier 2 General for 4 years, can I apply for ILR with 10 years of Tier 2 (ICT + General) ?

Many thanks for your help.

[manci]

Hello, I am on Tier2 ICT long term granted in May 2010. I am looking for transfer to Tier2 General and I have a sponsorship.
The notice period with my current employer is 2 months and I am wondering when could be best time to exit with my current employer?
Will it be the good to give notice to my current employer after Tier2 General COS /Visa approval and how long does the Tier2 ICT to Tier2 General visa transfer takes?
you should only give notice after your new leave has been approved by UKVI. It would be best to apply using the same-day premium service. The work start date in the new CoS should be determined so as to allow you to give 2 months notice. You can continue working for your present employer until the work start date in the new CoS

Many thanks for your help.

Hi Manci, Thank you so much for your answer. I would really appreciate if you can answer below questions as well:
1. Is the 1 month job center plus notice mandatory for intra-country Tier 2 General Cos for ICT longterm to General transfer? If yes, then I think I should give 3 months notice to my new employer? (1month job center + 2 months with my current employer).
RLMT is mandatory unless an exemption applies (shortage occupation, high salary). After a successful RLMT the company should assign a CoS to you with the work start date, say, 2½ months ahead of the date of assignment and once you have the CoS apply for a grant of leave using the premium or priority postal service. Only after your application has been approved hand in your 2 month contractual notice

2. Is the monthly limit of Tier 2 G applications applicable for intra country transfer as well?
it is not applicable to in-country unrestricted CoS applications (but make sure that your prospective sponsor has an available allocation)

3. If I am in Tier2 ICT for 6 years and Tier 2 General for 4 years, can I apply for ILR with 10 years of Tier 2 (ICT + General) ?
yes

Many thanks for your help.
[/color]

[Sai_tier2]

Hello Manci, thanks for your reply, its very helpful. Sorry few more last questions:
1. If my dependent (she is in Tier 2 ICT Long term staff partner) applies for Tier 2 General, can she switch within the country or does she need to go back to home country and apply for Tier 2 G (I think I can switch from Tier 2 ICT to Tier 2 General dependent within country)?
2. Can I get an ILR if I stay for 10 years in Tier 2 (ICT + General dependent).
Many thanks again, I really appreciate you efforts in answering the questions.

[manci]

Hello Manci, thanks for your reply, its very helpful. Sorry few more last questions:
1. If my dependent (she is in Tier 2 ICT Long term staff partner) applies for Tier 2 General, can she switch within the country or does she need to go back to home country and apply for Tier 2 G (I think I can switch from Tier 2 ICT to Tier 2 General dependent within country)?
2. Can I get an ILR if I stay for 10 years in Tier 2 (ICT + General dependent).
Many thanks again, I really appreciate you efforts in answering the questions.


there is no need for your PBS dependant to apply for a new visa until shortly before her current leave expires, and it can be done in-country. You can switch from T2 ICT to T2G in-country

[Sai_tier2]

Hello Manci, thanks for your reply, its very helpful. Sorry few more last questions:
1. If my dependent (she is in Tier 2 ICT Long term staff partner) applies for Tier 2 General, can she switch within the country or does she need to go back to home country and apply for Tier 2 G (I think I can switch from Tier 2 ICT to Tier 2 General dependent within country)?
2. Can I get an ILR if I stay for 10 years in Tier 2 (ICT + General dependent).
Many thanks again, I really appreciate you efforts in answering the questions.


there is no need for your PBS dependant to apply for a new visa until shortly before her current leave expires, and it can be done in-country. You can switch from T2 ICT to T2G in-country

Manci, sorry I think I didn't ask the question correctly. Its more like:
I am not applying for Tier 2 General but if my dependent (she is in Tier 2 ICT Long term staff partner, visa started in 2014) applies for Tier 2 General, does she need to go back to home country and apply it?

[manci]

Manci, sorry I think I didn't ask the question correctly. Its more like:
I am not applying for Tier 2 General but if my dependent (she is in Tier 2 ICT Long term staff partner, visa started in 2014) applies for Tier 2 General, does she need to go back to home country and apply it?

yes, and she'll need a restricted CoS

[sliver80]

Dear Manci, I do not mean to hijack this thread but please can you look into my query on http://www.immigrationboards.com/indefi ... l#p1151906

[leavetoremain]

Hello Manci,

Asking on behalf of my friend. Please let me know if he is eligible for ILR and will he be given Tier 2 G extension after expiry of current leave to remain.

First Entry in UK: 28-06-2008(VISA WORK PERMIT) Left UK: 19-10-2008

Second Entry in UK: 29-05-2010(TIER 2 ICT) Established Staff

Got Extension(TIER 2 ICT Established Staff) for 2 years in April 2013.

Switched to Tier 2 General in August 2014

Visa Expiry Date: 29th May 2016

Have continuously stayed in UK since 29th May 2010

[Sai_tier2]

Manci, sorry I think I didn't ask the question correctly. Its more like:
I am not applying for Tier 2 General but if my dependent (she is in Tier 2 ICT Long term staff partner, visa started in 2014) applies for Tier 2 General, does she need to go back to home country and apply it?

yes, and she'll need a restricted CoS

Thank you.

[KVP]

@KVP
read immigration rule 245GF(d)(I)
https://www.gov.uk/government/uploads/s ... _final.pdf

Dear Manci,

Thank you for the reference.. but this rule rule 245GF(d)(I) is for those who entered before 06-Apr-2010. For those who entered/applied before 06-Apr-2010 the entry clearance will say as "Tier 2 ICT Migrant".

1) For my case, it is "Work permit" which was valid at that time, but I was not in the country for initial 180 days. 245GF(d)(II) rule says about WP, will this be taken into consideration provided that I applied for "TIER 2 ICT - Established Staff" which is the Tier 2 Visa sub-category issued after 06-Apr-2010.
no, because you fail on 245AAA (link as above)

2) Once a solicitor told me that I can apply after 5 years continious stay. i.e. He told that It may not be considered a break between WP and New Tier 2 ICT - Established Staff, but I needed to complete 5 years from 01-Oct-2010 and apply for ILR on 05-Sep-2015 (i.e. 28 days prior to completion of 5 years of stay). Does it sound better or am I loosing anything big? Please provide your advise if this date of ILR is correct.
the 5 year qualifying period must include leave under the rules before 5 April 2010

Please could you provide your adivice on these 2 queries?
Thanks a lot.

Hi Manci, hope you are well.

As I prepare to apply for ILR, I have got a question here.

245GF(d)(II) is relevant to me, as I had a valid WP (issued for Intra-company transfer) at that time.

(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

You advised to apply on 04-Apr through post. Pls let me know where I am failing if I miss this date, but apply after 3 weeks (27-Apr). I assume that there is a period of leave (as a WP holder) included in my first qualifying period. sorry for these repeated questions.

thank you.

[manci]

@KVP
make a table as on p19 here: https://www.gov.uk/government/uploads/s ... eriods.pdf
and write against each year the number of days you were absent and the categories of leave you had

[leavetoremain]

Hello Manci,

Asking on behalf of my friend. Please let me know if he is eligible for ILR and will he be given Tier 2 G extension after expiry of current leave to remain.

First Entry in UK: 28-06-2008(VISA WORK PERMIT) Left UK: 19-10-2008

Second Entry in UK: 29-05-2010(TIER 2 ICT) Established Staff

Got Extension(TIER 2 ICT Established Staff) for 2 years in April 2013.

Switched to Tier 2 General in August 2014

Visa Expiry Date: 29th May 2016

Have continuously stayed in UK since 29th May 2010

Any help would be appreciated

[manci]

@leavetoremain
what was the expiry date of your friend's work permit visa?