Switching into Tier 2 General from Tier 2 ICT - Urgent pls

[shyamkumar]

Can anyone please clarify me on the below? Your immediate help is appreciated.

My initial entry was in May 2010 under Tier 2(ICT - Established Staff) and got that renewed 3 times since then with my previous renewal in Jul 2014 under ICT Category valid till Aug 2016. I have a company who is willing to sponsor me and so I am planning to switch into Tier 2 General in 1s week of June. But, I just came across a section (Point 73) in Home Office Tier 2 Guidance link below. It looks like if I have already been granted leave for entry clearance, leave to enter or remain as a Tier 2 Migrant at any time during the preceding 12 months immediately before my date of application, I will not be able to apply for switching into Tier 2 General. I have had my previous extension granted in Jul 2014 which is within the preceding 12 months, so understand that I cant apply.

https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Guidance details
73. Please note that if you have had a grant of leave for entry clearance, leave to enter or
remain as a Tier 2 Migrant at any time during the 12 months immediately before your date of
application, unless you were only being sponsored in Tier 2 (as recorded by the Certificate
of Sponsorship) for a period of three months or less, you will not be able to apply for further
leave under Tier 2 unless one of the following applies:
i. you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12-
month period immediately before your date of application and you can provide evidence
to show this has been met as set out in paragraph 74 below, or
ii. the salary for the job that the Certificate of Sponsorship Checking Service shows you
are being sponsored to do (including any allowances listed as acceptable for this
purpose in paragraph 75 of Appendix A of the Immigration Rules) is £155,300 or
higher.

Thanks

[gaurav_sngl]

Hi,

I have exactly the same case as above, but my initial tier 2 ICT was granted in November 2009. I am switching from Tier 2 ICT to Tier 2 General in June. And my last Tier 2 ICT extension was in August 2014.

I have copied excerpts from immigration rules issued on 24th april 2015. which says Tier 2 Migrant will be exempted from this rule. My initial visa says Tier 2 ICT Migrant. Can the senior members confirm if i can switch?

https://www.gov.uk/government/uploads/s ... _final.pdf

(k) Except where the period of engagement recorded by the Certificate of Sponsorship used in
support of such entry clearance or leave to remain was three months or less, the applicant
must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during
the 12 months immediately before the date of the application, unless:
(i) the applicant's last grant of leave was as a Tier 2 Migrant,
(ii) the applicant was not in the UK with leave as a Tier 2 Migrant during this period, and
provides evidence to show this, or
(iii) the applicant will be paid a gross annual salary (as recorded by the Certificate of
Sponsorship Checking Service entry, and including such allowances as are specified as
acceptable for this purpose in paragraph 79 of Appendix A) of £155,300 per year or
higher.

[Sai_tier2]

Hello, I think I am in a same situation!
My initial entry was in July 2010 under Tier 2 ICT and my visa is going to expire in July 2015 (last extension was in 2013). I have a new offer with start date of August 1st week of 2015 so I thought of extending my current ICT and then switch to Tier 2 General. Will I not be able to do that as my new leave for entry clearance is within 12 months? Really appreciate your help in this regard. Many thanks.

[gaurav_sngl]

@Sai_tier2 - in your case, you can just go for a short term - 3 month extension. that will come under exception.
lets wait for moderators to answer

[Sai_tier2]

@Sai_tier2 - in your case, you can just go for a short term - 3 month extension. that will come under exception.
lets wait for moderators to answer

Thanks Gaurav, I think it is very much unlikely that my employer will give Cos for 3months or less.
Yes, lets wait for moderators reply. Thanks again.

[manci]

@shyamkumar
@Sai_tier2
@gaurav_sngl
Anyone with initial T2 ICT visa issued under the rules before 6 April 2011 is allowed to switch into T2G in-country with a new sponsor without cooling-off. A new CoS will be needed and the job has to ne NQF level 6 with appropriate salary.

The requirements for leave to remain in the T2G category are in Immigration Rule 245HD (b)(i)(2) and (k)(i) and (c)(i) is specifically about those with T2 ICT leave switching into T2G.
https://www.gov.uk/government/uploads/s ... _final.pdf

Para 73 in the T2 policy guidance is not entirely clear in this regard because it is in a chapter headed Applications for Entry Clearance or Switching into Tie 2 (General) implying that it applies to you and cooling-off is needed. However, this is definitely not the case in your situation. The Immigration Rules are the law.

[Sai_tier2]

@shyamkumar
@Sai_tier2
@gaurav_sngl
Anyone with initial T2 ICT visa issued under the rules before 6 April 2011 is allowed to switch into T2G in-country with a new sponsor without cooling-off. A new CoS will be needed and the job has to ne NQF level 6 with appropriate salary.

The requirements for leave to remain in the T2G category are in Immigration Rule 245HD (b)(i)(2) and (k)(i) and (c)(i) is specifically about those with T2 ICT leave switching into T2G.
https://www.gov.uk/government/uploads/s ... _final.pdf

Para 73 in the T2 policy guidance is not entirely clear in this regard because it is in a chapter headed Applications for Entry Clearance or Switching into Tie 2 (General) implying that it applies to you and cooling-off is needed. Many thanks for the reply Manci.
I am a bit confused as the document says the cooling off period applies for Tier 2 Migrant to Tier 2 G transfers and why this is not the case with us? We are on Tier 2 ICT Long term Established staff.
However, this is definitely not the case in your situation. The Immigration Rules are the law.

[shyamkumar]

Thanks a lot Manci for clarifying. Much appreciated, Regards, Shyamkumar