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

[manci]

call 0300 123 2241

[NANZ]

Hi Manci,
I'm in the UK on Tier 2 ICT for the last 3 years. We arrived on 22nd April 2012. My wife's been working on Tier 2 dependent visa. She is now getting an option to switch to Tier 2 General and I appreciate that she will need to do this from the home country.
1. If my wife switches to Tier 2 General and I switch to Tier 2 General dependent before we complete 5 years on Tier 2 ICT - would we need to serve the cooling-off period when we complete 5 years on the current Tier 2 ICT in April 2017 or can we stay in the UK for longer as we would be in ICT G then ?
2. If we are able to stay for longer on ICT G, when should we be able to apply for ILR

Many thanks in advance.

[anilkum]

Hi Manci,

I came to UK during December 2010 On ICT Tier 2 Established Staff category. May i know if i will be eligible for ILR after 10 years completion(by extending visa or if switch to ICT Tier 2 General in between to make it 10 years) . Is there any other requirements for ILR eligiblity i go by 10 years route?

Thanks
Anil

[Himan]

Hi All,

Would any one able to confirm my understanding after going through above posts.

Current Status :
T2 - ICT Short term staff migrant : Jan 12 - Dec 12
T2 - ICT Long term staff migrant : Feb 13 - Feb 15
T2 - ICT Long term leave to remain : Until Feb 18
PBS dependant leave to remain : Until Feb 18

There will be a cooling off period if i choose to stay after 2018 on same visa ?
There will be a cooling period if i choose to switch to T2-General before 2018 ?

My spouse could apply fresh T2- General from home country and that will start counting for ILR ?
and then i can apply PBS dependant visa ?

many thanks

[KVP]

Dear Manci,

Would you be so kind and answer to my last question (in my previous posts). Sorry to bother you, but your expertise answer would throw some light. Thank you.

see my post on 1 May @ 4.09 pm. IMHO the quote you are concerned about applies to Tier 1 migrants.[/quote]

Dear Manci, My heart full thanks for your advise and support. MY ILR was approved without any questions.
You are the gem among others, provided the advice of applying 6 months (180 days) earlier in my case and advised for my other questions, and it all proved success. I could only thank for the unparalleled support you provided at free of cost .. Unfortunate..

I would post detailed message later in appropriate (Indefinite Leave to Remain) thread for the benefit of others.

[chari007]

Hi Manci and All Respected Members,

I've couple of queries regarding my eligibility on the below

1. Is there any Possibility of Switching from Tier 2 (ICT) to Tier 2 (General) ?
2. Can my Tier 2 (ICT) extended beyond the 5 Years ?

My Visa details:

• Tier 2 (Intra-Company Transfer) Long Term Leave to Remain – 06/08/2014 to 01/01/2016 (further leave to remain application from inside the UK)
• Tier 2 (Intra-Company Transfer) Long Term Staff Migrant – 29/06/2011 to 18/07/2014 (entry clearance from outside the UK, but before the previous visa expired)
• Tier 2 (Intra-Company Transfer) Established Staff – 12/05/2010 to 01/07/2011 (entry clearance from outside the UK)

Any help on this would be much appreciated.

Thanks All in advance.

Regards,
MV

[manci]

Hi Manci and All Respected Members,

I've couple of queries regarding my eligibility on the below

1. Is there any Possibility of Switching from Tier 2 (ICT) to Tier 2 (General) ?

I think not

See the T2 Policy guidance para 15, footnote 1, and immigration rule 245HD(c). Links below

2. Can my Tier 2 (ICT) extended beyond the 5 Years ?

from Immigration Rule 245GE(b)(v):
https://www.gov.uk/government/uploads/s ... art_6A.pdf

No limit [for the max time of the stay] , if the applicant:

(1) is applying in the Long Term Staff sub-category,
(2) previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2011 or as a Qualifying Work Permit Holder, and
(3) has not been granted entry clearance in this or any other route since the grant of leave referred to in (2) above.

From the guidance to caseworkers p15:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

If the applicant was previously granted leave as an ICT under the Immigration Rules in place before 6 April 2011 or as a qualifying work permit holder and they have not been granted entry clearance in this or any other route since the grant of this leave there is no limit to the total time they can stay in this sub-category.

However, the wording in the T2 policy guidance para 28 is slightly but crucially different (see underlined text):
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

If you are already in the UK and were initially granted leave in one of the categories listed below:
 Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6
 April 2011,
 ............
and
 you have not since been granted leave to remain, entry clearance or leave to enter in any other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend your stay beyond 5 years.

From the above, in your situation the immigration rules and the caseworker guidance do not allow extension beyond 5 years but according to the T2 policy guidance this would be possible. The immigration rules are the law and override the T2 policy guidance. However, in view of the discrepancy (which is of the HO's making), and in your particular case, perhaps a case could be made for the waiving of the 5 year limit but the chances of success are not very high.

My Visa details:

• Tier 2 (Intra-Company Transfer) Long Term Leave to Remain – 06/08/2014 to 01/01/2016 (further leave to remain application from inside the UK)
• Tier 2 (Intra-Company Transfer) Long Term Staff Migrant – 29/06/2011 to 18/07/2014 (entry clearance from outside the UK, but before the previous visa expired)
• Tier 2 (Intra-Company Transfer) Established Staff – 12/05/2010 to 01/07/2011 (entry clearance from outside the UK)

Any help on this would be much appreciated.

Thanks All in advance.

Regards,
MV

[ramya.dayana]

Hi All,

I came to UK on Tier 2 ICT in Feb 2015 and I am looking for options to transfer my visa to Tier 2 general. Can you please let me know if there any such options?

Thanks in advance.

Regards,
Ramya

[manci]

Hi All,

I came to UK on Tier 2 ICT in Feb 2015 and I am looking for options to transfer my visa to Tier 2 general. Can you please let me know if there any such options?
unfortunately you cannot switch to T2G in the UK and can only apply from home country with a restricted CoS after 1 year cooling off (cooling off is waived if your salary will be £155.3k or more).

Thanks in advance.

Regards,
Ramya

[mandy1285]

call 0300 123 2241

Hi Manci,

I called the number above and the lady who picked up the phone was not sure abut it and she asked me to clear the test again.

But i have few Questions.

1. i tried to complete my online Application for Extension for Tier 2 General just to see what all questions it will ask and It asked my New Sponsorship Details and current Leave to Remain Details . If my Give my current leave to remain as tier 2 General , it not asking my English and Maintenance details, taking Directly me to Payment page...
Probably it may be considering that i have submitted my details in last application.

2. But if i am saying my current leave it Tier 2 Long Term staff , Its asking my English Requirement details. but not maintenance.

So coming to the first point say if i clear my English exam as well again but if English requirement page will not come where will i put my details.

So would you pls comment on above observation

[manci]

call 0300 123 2241

Hi Manci,

I called the number above and the lady who picked up the phone was not sure abut it and she asked me to clear the test again.

But i have few Questions.

1. i tried to complete my online Application for Extension for Tier 2 General just to see what all questions it will ask and It asked my New Sponsorship Details and current Leave to Remain Details . If my Give my current leave to remain as tier 2 General , it not asking my English and Maintenance details, taking Directly me to Payment page...
Probably it may be considering that i have submitted my details in last application.

2. But if i am saying my current leave it Tier 2 Long Term staff , Its asking my English Requirement details. but not maintenance.

So coming to the first point say if i clear my English exam as well again but if English requirement page will not come where will i put my details.

So would you pls comment on above observation

You are mixing up T2G and T2 ICT. The English requirements depend on your immigration history, read Part 6 of the T2 policy guidance, especially paras 133 and 161:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

[mandy1285]

call 0300 123 2241

Hi Manci,

I called the number above and the lady who picked up the phone was not sure abut it and she asked me to clear the test again.

But i have few Questions.

1. i tried to complete my online Application for Extension for Tier 2 General just to see what all questions it will ask and It asked my New Sponsorship Details and current Leave to Remain Details . If my Give my current leave to remain as tier 2 General , it not asking my English and Maintenance details, taking Directly me to Payment page...
Probably it may be considering that i have submitted my details in last application.

2. But if i am saying my current leave it Tier 2 Long Term staff , Its asking my English Requirement details. but not maintenance.

So coming to the first point say if i clear my English exam as well again but if English requirement page will not come where will i put my details.

So would you pls comment on above observation

You are mixing up T2G and T2 ICT. The English requirements depend on your immigration history, read Part 6 of the T2 policy guidance, especially paras 133 and 161:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Hi Manci,

I agree i messed up in my above statement but this time i will make it simple.

I tried to fill my online Tier 2 General Extension Application and it didn't asked me the questions about Maintenance and English Requirement. and i the end of the application printout which it has downloaded it explains why its has not asked questions about english and maintenance ..I am not able to attach the screen shot but it says like this.

Information you do not have to provide
You do not need to prove you meet the required level of English because you have current leave in Tier 2
(General) leave to remain, or had leave in the past
You do not need to prove maintenance because you have current leave in Tier 2 (General) leave to
remain

..so i want to say that if i clear the english exam as well where i will put the details...i will no be able to it here as its already considering taht i have given my details in my last application.

how would you see this ..so in crux it means that i will automatically qualify for english and maintenance requirement as the online form itself is not asking me about these.

[mandy1285]

Hi manci,

Can you pls comment on my above observations.

Thanks,
Rahul

[Ramchand]

Hi ,
I m on tier 2 ict established staff which is before april 2011.
currently i m in india as my company wanted me to go back but my visa is still valid as i have extended. Now i got an offer with sponsorship in tier2 general. My question is can i travel to uk and switch my tier2 ict established staff to tier 2 general without informing my company. But after my extension i have been in india for six months

Please respond

[manci]

Hi ,
I m on tier 2 ict established staff which is before april 2011.
currently i m in india as my company wanted me to go back but my visa is still valid as i have extended. Now i got an offer with sponsorship in tier2 general. My question is can i travel to uk and switch my tier2 ict established staff to tier 2 general without informing my company. But after my extension i have been in india for six months

Please respon

you can only apply from the UK to switch to T2G and will need an unrestricted CoS from your prospective new sponsor before applying. Your should only resign once your application has been approved. Your present employer needn't be informed of your intention to resign beforehand. However you should also be mindful of the provisions of your employment contract but this is not an immigration issue

[yusufhc]

Hello Manci,

I have a quick query. I am presently on a Tier-2 ICT long term visa (primary). My Wife's company is sponsoring her and she is applying for her Tier-2 ICT long term visa (primary). I am thinking of switching from ICT primary to a dependent visa. I understand that I can hold only one visa at a time. The query is will my present visa get annulled even if the dependent application is rejected for whatever reason?

Thanks for your time!
~Yusuf

[manci]

Hello Manci,

I have a quick query. I am presently on a Tier-2 ICT long term visa (primary). My Wife's company is sponsoring her and she is applying for her Tier-2 ICT long term visa (primary). I am thinking of switching from ICT primary to a dependent visa. I understand that I can hold only one visa at a time. The query is will my present visa get annulled even if the dependent application is rejected for whatever reason?

Thanks for your time!
~Yusuf
if your application for a PBS dependant visa is refused (for whatever reason) your existing T2 leave will remain valid but if your application is successful the PBS dependant leave will replace the T2 leave.

[YusufSB]

Hi Manci ...my current Tier 2 General leave expires on 1 May 2016.
However my company is willing to provide a new Cos valid upto May 2020, now.
Can I apply for extension immiediatley (that is now) or do I have to wait till before 3 months of expiry of my current leave ..ie. do I have to wait until 31 Jan 2016 ?

[nskand]

Hi All

I came to UK on T2 ICT visa on Jan 2011. Since then all extensions has been done from UK and my present visa is valid till Jan 2016. I am trying to switch to T2G with some sponsor.
- I believe that is possible
- On switching to T2G can I ask for a 3 years visa , which can be later extended to 2 more years before I am eligible for ILR ? There has been some posts in the forum which says that the 6 years period of stay in T2G counts the time you spend in ICT as well. If thats the case I can only stay 1 more year if i switch to T2G.
- Heard that there is some move to restrict the working rights of dependants. Anyone got any updates on that. So far they have not applied anything retrospectively. Assuming that , the new rule if at all it comes into force will only be applicable to fresh applicants. (not extension cases). please comment

Kind Regards
skd

[nisum]

Hello,
I'm working on Tier-2 ICT visa granted in Apr 2015. I'd like to switch to Tier-2 General, but that is practically impossible without leaving UK and serving 12 months cooling period outside UK.
I live with my spouse here in the UK, who is my dependent as of now and has same visa validity as mine.

If she finds a sponsor & a job:-
1. Can she apply for a Tier-2 General visa within the UK? Or has to leave UK to make the application ? What will happen to her current Tier-2 ICT dependent visa? Will her application for Tier-2 General cause any implications to my current Tier-2 ICT or my job?
2. Assuming she is able get the Tier-2 General visa, can I apply as her dependent? Should I resign my current job before applying? Again from where should I apply (within UK or outside UK)
3. What happens when I become her dependent ? Can I continue my current employer (i.e. who has sponsored my existing Tier-2 ICT)? Or should I resign from the job, cancel the Tier-2 ICT, and then return to the same employer on Tier-2 General(dependent) visa ?
4. Can I search a new job (with a different employer) in the UK as her dependent ? Is there any restriction on the type of work I can do in that case?
5. After one year of working as my spouse's dependent, can I 'independently' apply for Tier-2 General (as cooling period will be over by then)? Again from where should I apply (within UK or outside

Thanks

[manci]

Hello,
I'm working on Tier-2 ICT visa granted in Apr 2015. I'd like to switch to Tier-2 General, but that is practically impossible without leaving UK and serving 12 months cooling period outside UK.
I live with my spouse here in the UK, who is my dependent as of now and has same visa validity as mine.

If she finds a sponsor & a job:-
1. Can she apply for a Tier-2 General visa within the UK?
no
Or has to leave UK to make the application ?
yes
What will happen to her current Tier-2 ICT dependent visa?
will be replaced by the T2G visa
Will her application for Tier-2 General cause any implications to my current Tier-2 ICT or my job?
no
2. Assuming she is able get the Tier-2 General visa, can I apply as her dependent?
yes
Should I resign my current job before applying?
no
Again from where should I apply (within UK or outside UK)
from within UK
3. What happens when I become her dependent ? Can I continue my current employer (i.e. who has sponsored my existing Tier-2 ICT)?
yes
Or should I resign from the job, cancel the Tier-2 ICT, and then return to the same employer on Tier-2 General(dependent) visa ?
no, just inform your employer of your changed immigration status

4. Can I search a new job (with a different employer) in the UK as her dependent ?
yes
Is there any restriction on the type of work I can do in that case?
not unless you are a doctor or dentist

5. After one year of working as my spouse's dependent, can I 'independently' apply for Tier-2 General (as cooling period will be over by then)?
yes
Again from where should I apply (within UK or outside
from home country
Thanks

[nisum]

Thanks Manci, that was quite useful and prompt!

(1) Can I ask if my spouse (who Ter 2 ICT dependent) is eligible to apply for a Tier 4 (Student) visa from within the UK? Will her being my Tier 2 ICT dependent cause any issues to get her own Tier 4 visa? How long does it take to get Tier 4 visa? What are the rules for Tier 4 visa?
(2) If she is able to get Tier 4 visa, can I apply as her Tier 4 dependent? And I suppose I can apply from with in the UK? Or will my application get rejected, as I'm working in UK on my own Tier 2 ICT?
(3) If I get Tier 4 dependent visa, can I work in UK without restriction? Will my exiting Tier 2 ICT visa get automatically cancelled or should I request it to be cancelled (so that the cooling period starts immediately)?
Again can I continue with my existing employer after I get Tier 4 dependent visa?
(4) Also if I want to Switch into Tier 2 General visa, can I do so within the UK? and Will there be any cooling period since I'm switching from a Tier 4 to Tier 2 gen visa and NOT from ICT to General? And from where can I apply to switch to Tier 2 General, within UK or outside?
(5) What are the rules for Switching into Tier 2 General from a Tier 4 dependent?
(6) Will the Tier 4 period spent in UK count towards eligibility to ILR?

Thanks in advance.

[nskand]

Hi Manci

A related question.

When applying for switching from Tier 2 ICT to Tier 2 General do you need 3 months of valid visa period at the time you make the application from within UK. Or is it like you just need a valid visa and how many days leave you have left does not matter

thanks a lot

regards
skd

Hi ,
I m on tier 2 ict established staff which is before april 2011.
currently i m in india as my company wanted me to go back but my visa is still valid as i have extended. Now i got an offer with sponsorship in tier2 general. My question is can i travel to uk and switch my tier2 ict established staff to tier 2 general without informing my company. But after my extension i have been in india for six months

Please respon

you can only apply from the UK to switch to T2G and will need an unrestricted CoS from your prospective new sponsor before applying. Your should only resign once your application has been approved. Your present employer needn't be informed of your intention to resign beforehand. However you should also be mindful of the provisions of your employment contract but this is not an immigration issue

[dry_UK]

Hello Manci and experts,

I have gone through many threads here that might help get answer to few of my questions. Here is my case and still need help on two questions:

I am on T2 ICT LT and entered UK in July 2013 with visa valid until June 2016. Wife and kids joined April 2014 as dependents. My employer might extend for another 2 years but not sure yet.

In current visa status (and even after two years extension), I will not be eligible for ILR. But after 12 months cooling period, I can come back to UK on a T2 Gen (subject to employer) and become eligible for ILR after 5 years.

Question 1a) From other threads, I have understood that my wife can switch to T2 Gen without cooling off period but will require to apply from home country. If she finds such an employer. I can then switch to T2 Gen dependent without cooling off or travel to home country. Please correct if my understanding is not right.
In above option 1, our eligibility for ILR will be 5 years after switch to T2 Gen? and Current years in the UK on T2 ICT will not be counted?
Question 2) What is the minimum salary that my wife's employer will have to give for T2 Gen eligibility? It is per SOC list 2010? e.g. IT Consultant with prior experience, SOC code is 2139 with minimum salary to £29,990.
many thanks

[manci]

Hello Manci and experts,

I have gone through many threads here that might help get answer to few of my questions. Here is my case and still need help on two questions:

I am on T2 ICT LT and entered UK in July 2013 with visa valid until June 2016. Wife and kids joined April 2014 as dependents. My employer might extend for another 2 years but not sure yet.

In current visa status (and even after two years extension), I will not be eligible for ILR. But after 12 months cooling period, I can come back to UK on a T2 Gen (subject to employer) and become eligible for ILR after 5 years.

Question 1a) From other threads, I have understood that my wife can switch to T2 Gen without cooling off period but will require to apply from home country. If she finds such an employer. I can then switch to T2 Gen dependent without cooling off or travel to home country. Please correct if my understanding is not right.
this is correct

In above option 1, our eligibility for ILR will be 5 years after switch to T2 Gen?
this is correct
and Current years in the UK on T2 ICT will not be counted?
this is correct
Question 2) What is the minimum salary that my wife's employer will have to give for T2 Gen eligibility? It is per SOC list 2010? e.g. IT Consultant with prior experience, SOC code is 2139 with minimum salary to £29,990.
this is correct but the min. salary is likely to be increased from April 2016
many thanks