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

[itsearch]

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?
And for applying general work visa, do we require sponsorship?
It means , sponsorship is always required to work in UK??

[manci]

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

[manci]

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

[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?
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

Thanks a lot Manci!

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??

Thanks a lot

[manci]

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??

no, but if they gave your spouse a letter certifying maintenance that would obviate the need for bank statements

the PBS dependant policy guidance is here:
https://www.gov.uk/government/uploads/s ... _07-14.pdf
.

[KVP]

@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,

Thanks for your reply. I should have asked my doubt clearly. I want your help.
I am clear that I must use WP period towards my 5 years qualifying period.
i.e. I have to apply before the date (01-Oct-2015) to avoid 5 years spent whole in Tier 2 ICT established staff.

My 180 days absense is narrowing down if I little later after 04-Apr-2015., Am I mistaking this?

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.

P.S I have my dependant wife, who will join me later under current circumtances; but I want to apply for her as well, so only these difficulties and questions

[manci]

@KVP
try doing tables using different application dates and work backwards to see which application date produces a table which
a) includes a period as a WP holder and
b) absences in none of the 1 year periods exceed 180 days

[KVP]

Hi Manci,

Many thanks for your prompt response. I did the table, and I do not have any other absenses (except 3 weeks holidays each in 2012 and 2013).

Just for your reference and to remember, you replied to my initial quries on Fri Nov 28, 2014 10:22 pm and advised to apply through postal on 04-Apr-2015 (only on that day).

I was bit worried about this particular date and rules around.

Now I can assume that
1) I can apply on 27-Apr-2015. and,
2) there is not a problem with my long absense falling at very beginning of 1st year qualifying period, as a WP holder. i.e. I can include the days before my second travel date. With mixed answers I got from UKBA customer center calls, I was little concernted whether my second travel date would be taken as fresh travel date (as I had come back after a really long break)

As always, Kindly request you to correct me if I am wrong with above assumptions.

Thank you once agian.

[manci]

assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences

[KVP]

assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences

Hi Manci,

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

[YusufSB]

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

[YusufSB]

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.

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

[manci]

@YusufSB
When you switched to T2G in July 14 the rules were different and your time under T2 ICT counted for the 6 year cap. After October 14 this is no longer the case and you can extend your leave to July 20 and will be eligible for ILR in July 19.

[YusufSB]

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 ?

Many thanks in advance.

Regards,
Yusuf.

[manci]

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]

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? Thanks

[manci]

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

[YusufSB]

Thanks you very much Manci !

[KVP]

assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences

Hi Manci,

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

Hi Manci, Did you have a chance to look at this? Is my case ok to apply for ILR?
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]

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 16/05/2013 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.
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?

Thanks for your help.

[hemal11_2000]

Hi,
Need your help and expert guidance on my below case:

1) In UK continuously since 9th May 2010 with initial visa as 'Tier 2 ICT migrant'. Please note my visa stamp does not say 'Tier 2 ICT - Established staff' and my application date is 16th April 2010.
2) Can I switch to Tier 2 General now? Even if I do not meet the following explicitly (below is from UKBA website):
You must already be in the UK under any of the following visas or schemes:
• Tier 2 (Intra company Transfer: established staff) visa and you’re applying to change sponsor
• Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
3) If I go back to India now, can I immediately come back on Tier 2 General through a new sponsor? Or 1 year cooling off applies?

Thanks,
HSB

[manci]

assuming a 27 April application date please list for each of the 5 years the leave(s) you had and the absences

Hi Manci,

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

Hi Manci, Did you have a chance to look at this? Is my case ok to apply for ILR?
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?

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)).
https://www.gov.uk/government/uploads/s ... _final.pdf
The table is OK and IMHO you can apply on 27 Apr. When I said earlier that you can only apply on 4 Apr was based on a misunderstanding of the situation.

[manci]

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.

[Alokgupta]

Hi Manci,

My spanker has applied for COS on 3rd March 2015 but the status on SMS is still showing IN Process. Has somebody gone through this situation?

When i can expect the answer from UKBA will it be in next cycle or within this month?

Should they apply again before 5 April 2015?

What options I do have?

Many thanks

[nghivo]

Hi Manci,

I would appreciate your support to verify my current situation as below.

1. in the UK - 26/03/2011 to 13/08/2011 on Tier 2 ICT Skill Transfer

2. in the UK - 10/09/2011 to 26/09/2013 on Tier 2 ICT Long Term Staff (Applied in Vietnam)

3. in the UK - 27/09/2013 to till date on Tier 2 ICT Long Term Leave To Remain (Visa renewed in the UK and is still valid until 27/09/2015)

Could I switch to Tier 2 General inside the UK? If yes, can my wife and my son re-new their PBS dependant visa at the same time with me?

In case I can't do it in the UK and I'm required to travel back to home country for applying Tier 2 General visa. Is the cool off period in 12 months applied to my case?

Many thanks,

Nghi