- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
itsearch wrote:Hi Manci
I am an IT professional from India. I would like to know about umbrella companies, they say that will sponsor. How far can we trust them?
they are operating illegally and once the Home Office find out about an umbrella company their licence is revoked
And for applying general work visa, do we require sponsorship?
yes
It means , sponsorship is always required to work in UK??
not for investors, entrepreneurs and family members
itsearch wrote:Hi Manci
I am an IT professional from India. I would like to know about umbrella companies, they say that will sponsor. How far can we trust them?
they are operating illegally and once the Home Office find out about an umbrella company their licence is revoked
And for applying general work visa, do we require sponsorship?
yes but see below
It means , sponsorship is always required to work in UK??
not for entrepreneurs and family members
manci wrote:Dilliwalah wrote: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
no, but if they gave your spouse a letter certifying maintenance that would obviate the need for bank statementsDilliwalah wrote:
I got my new BRP valid till 2020 and have switched to my new employer now.
Just 1 more help, to apply for my Spouse do the company need to issue a COS for her??
Hi Manci,manci wrote:@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
Hi Manci,manci wrote:assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences
manci wrote:Tangie wrote:manci wrote:There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.
For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.
This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.
The actual change in the Immigration Rules:
In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.
and the explanation:
Hi Manci,
I originally arrived in the UK in June 2010 under Tier 2 ICT Establised Staff Category, which was renewed in May 2012 for 3 years.
Then I switched (in UK) in July 2014 to Tier 2 ICT General. My new employer gave me COS valid for 5 years, and the immigration consultant told me that I could get visa for 5 years upto May 2019, after which I would be eligible to apply for ILR. I applied in person, however I was told that I could get Visa only upto May 2016 (sighting the above anomally of 6 years cap). So I now have Tier 2 General Visa upto May 2016. The company lawyer was confident this should not have been the case since the 6 year cap shouuld start from the date I switched to Tier 2 General. I want to clarify what would be applicable to me if I applied for my extension in May 2016 ? Will I get an extesion upto May 2019 ? Also would i be eligible to applyb for ILR after that in 2019 ?
Many thanks in advance
It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer) counted towards the maximum period of 6 years that applicants may spend in other Tier 2 categories. This is being corrected.
Hi Manci,
I have a question for you. Would you be so kind and respond to this for me please.
I need a suggestion regarding our visa.We reached UK on feb 2011 in Tier2 ict visa and later on dec 2013 we changed to tier2 General visa.We have a doubt whether we will be eligible for ILR on feb 2016.There is some confusion going on for the ppl who came in between from April 2010 to April 2011
if you stay on T2G you will be eligible for ILR in Dec 18
Hi Manci,manci wrote:There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.
For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.
This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.
The actual change in the Immigration Rules:
In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.
and the explanation:
It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer) counted towards the maximum period of 6 years that applicants may spend in other Tier 2 categories. This is being corrected.
YusufSB wrote:Hi Mani,
Many thanks for your reply and confirmation. Just one more clarification needed - Due to the limitation of the previous rule,I was granted leave only till 1 May 2016, and not July 2016, which mean that when I apply for extension of 3 years, before May 2016, I will get leave upto May 2019, and not July 2019, which means that I will need to get another extension for say 1 year in May 2019, to ensure I complete 5 years under Tier 2 General. Can you please throw some light on this aspect ? My current COS is valid upto July 2019, so can I apply for extension upto July 2019, when I apply for leave in 2016, will that be possible and will I be granted visa upto July 2019 ?
Also would you suggest applying in person (by paying the extra amount) is better than appying by post ?
Your CoS has been "used", you'll need a new CoS for the extension. When you apply before May 16 you can choose either to extend for more than 3 years or to 3 years only (in which case a further extension will be needed). The new CoS should be for the appropriate length of engagement.
Many thanks in advance.
Regards,
Yusuf.
YusufSB wrote:Thanks Manci, sorry for the piecmeal questions, but will I need a new resident labour market test for the new COS again. A resident labour market test, was done in July 2014 when I switched? Can you pls confirm?
RLMT not required for extension applications if the job SOC code remains the same
Thanks
Hi Manci, Did you have a chance to look at this? Is my case ok to apply for ILR?KVP wrote:Hi Manci,manci wrote:assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences
The table is here.
Year 1 ----------- 28-Apr-2010 to 27-Apr-2011 ----------- 157 days **
Year 2 ----------- 28-Apr-2011 to 27-Apr-2012 ----------- 17 days
Year 3 ----------- 28-Apr-2012 to 27-Apr-2013 ----------- 24 days
Year 4 ----------- 28-Apr-2013 to 27-Apr-2014 ----------- 0 days
Year 5 ----------- 28-Apr-2014 to 27-Apr-2015 ----------- 0 days
** My details:
- Workpermit issued for Intra-company transfer - vaild from 20-Nov 2008 to 20-Nov- 2010.
First entry in UK: 01-Dec 2008
Left UK: 15-Aug 2009
- Applied Tier 2 ICT - Applied from India and valid from 22-Sep-2010 to till date.
re-entry to to UK: 01-Oct 2010
I had a long break more than a year - Aug 2009 to Oct 2010
i.e. worked for same employer for same UK business at offshore location
There is nothing in immigration rule 245AAA that wouldn't allow an absence at the beginning of the 5 year period provided you had valid leave (which you did) and provided you were employed in the UK even though you were working abroad (245AAA(b)).KVP wrote:Hi Manci, Did you have a chance to look at this? Is my case ok to apply for ILR?KVP wrote:Hi Manci,manci wrote:assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences
The table is here.
Year 1 ----------- 28-Apr-2010 to 27-Apr-2011 ----------- 157 days **
Year 2 ----------- 28-Apr-2011 to 27-Apr-2012 ----------- 17 days
Year 3 ----------- 28-Apr-2012 to 27-Apr-2013 ----------- 24 days
Year 4 ----------- 28-Apr-2013 to 27-Apr-2014 ----------- 0 days
Year 5 ----------- 28-Apr-2014 to 27-Apr-2015 ----------- 0 days
** My details:
- Workpermit issued for Intra-company transfer - vaild from 20-Nov 2008 to 20-Nov- 2010.
First entry in UK: 01-Dec 2008
Left UK: 15-Aug 2009
- Applied Tier 2 ICT - Applied from India and valid from 22-Sep-2010 to till date.
re-entry to to UK: 01-Oct 2010
I had a long break more than a year - Aug 2009 to Oct 2010
i.e. worked for same employer for same UK business at offshore location
My doubt is that, whether Home Office will consider the 157 days absense falling at the beginning of first qualifying period itself since I had a long break (more than a year). Once a solicitor told me that it will not be considered, and the second entry will be taken as a fresh arrival. Is this true?
vps wrote:Hi Manci
I have query on ILR eligibility and switching to Tier 2 General. My Stays in UK are below.
1. in UK - 13/08/2010 to 11/08/2012 on Tier 2 (ICT) Established Staff (Applied in INDIA)
2. in UK - 12/08/2012 to 30/06/2013 on Tier 2 Long Term (Renewed while in UK)
3. in India - 01/07/2013 to 16/05/2014 working for same company, project and client in offshore.
4. in UK - 17/05/2014 to till date on Tier 2 Long Term (Visa renewed during this period, in UK and is valid until 09/2017) - Same company different Client.
Please suggest
Q1. if and when I would be eligible for ILR.
unfortunately you are not eligible for ILR on the basis of your T2 ICT leave because that leave didn't include a period before 6 April 2010.
Q2. Is it possible to switch in to Tier 2 General from inside UK? if yes, then for how long I can stay on Tier 2 General?
you can switch to T2G in-country and stay for 6 years provided you find a new sponsor. After 5 years on T2G you'll be eligible for ILR
Thanks for your help.