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Tier 2 ICT Long Term staff partner to Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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adviceme
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Posts: 26
Joined: Mon Aug 24, 2015 11:42 am

Tier 2 ICT Long Term staff partner to Tier 2 General

Post by adviceme » Mon Aug 24, 2015 1:40 pm

Hi All,

I am on tier 2 ICT Long term staff partner Visa and have started fulltime work from Feb 2015. My Current visa is valid till Sep 2016 and I want to explore the possibility of switching to Tier 2 general category.

I understand based on the conversations in the forum that I will need to apply for Tier 2 general visa from Home country (India) and employer will need to provide restricted COS. I work for a small company and not sure if employer is listed as licensed for tier 2 General as i cound't find it in the uk.gov website.

~ Does that mean my employer cannot process my Tier 2 General ?
~ If my employer can, then what is the procedure ?
~ If i managed to get my Tier 2 General then does my clock for ILR application reset again from the time i got my Tier 2 Gen or my earlier Tier 2 ICT staff partner years will be considered ?

Thanks !

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 ICT Long Term staff partner to Tier 2 General

Post by geriatrix » Mon Aug 24, 2015 1:54 pm

1. If the employer is not on the list of licensed sponsors, then the employer must apply to become a licensed sponsor. Only then can an employer sponsor migrants.
2. Read the Tier 2 policy guidance.
3. Your ILR clock will start the day you enter UK as a Tier 2 (General) migrant.

A cooling-off period of 12 months may apply (245HB(g)).
Life isn't fair, but you can be!

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Tier 2 ICT Long Term staff partner to Tier 2 General

Post by physicskate » Mon Aug 24, 2015 1:57 pm

adviceme wrote:Hi All,

~ Does that mean my employer cannot process my Tier 2 General ?
~ If my employer can, then what is the procedure ?
~ If i managed to get my Tier 2 General then does my clock for ILR application reset again from the time i got my Tier 2 Gen or my earlier Tier 2 ICT staff partner years will be considered ?

Thanks !
1.) Not unless the become a licensed sponsor. List of sponsors:
https://www.gov.uk/government/uploads/s ... tings_.pdf

2.) They run RLMT, apply for restricted CoS, issue the RCos to you and then you apply from India.

3.) Clock is set to 5 years. If you are currently a partner, it is a different path than being the primary visa holder. Plus, if your partner's visa was issued after April 6, 2010, it does not lead to ILR anyway...

Be aware of the skill level required for the job and the earnings requirement.

adviceme
Newly Registered
Posts: 26
Joined: Mon Aug 24, 2015 11:42 am

Re: Tier 2 ICT Long Term staff partner to Tier 2 General

Post by adviceme » Mon Aug 24, 2015 2:44 pm

sushdmehta wrote:1. If the employer is not on the list of licensed sponsors, then the employer must apply to become a licensed sponsor. Only then can an employer sponsor migrants.
2. Read the Tier 2 policy guidance.
3. Your ILR clock will start the day you enter UK as a Tier 2 (General) migrant.

A cooling-off period of 12 months may apply (245HB(g)).
Thank you Sush.

So if i understood this right , If i managed to get a Tier 2 Gen visa sponsored from my company then 5 years from now will I be eligible for ILR ?

Now this crops another question in my mind:
My husband is on Tier 2 ICT Staff Migrant which is valid until Sep2016. If i change my visa to Tier 2 Gen, can he still continue to be on Tier 2 ICT ?

I was told he can switch from Tier 2 ICT staff migrant to Tier 1 General without cooling period. Is that assumption correct. His CoS is stated as appx £60K.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Tier 2 ICT Long Term staff partner to Tier 2 General

Post by physicskate » Mon Aug 24, 2015 2:49 pm

adviceme wrote:
I was told he can switch from Tier 2 ICT staff migrant to Tier 1 General without cooling period. Is that assumption correct. His CoS is stated as appx £60K.
Tier 1 General has been closed to new applicants for years. He can continue on Tier 2 ICT, or he can change to your dependent (Tier 2 dependent). A Tier 2 ICT to Tier 2 General is subject to a 12 month cooling off period.

adviceme
Newly Registered
Posts: 26
Joined: Mon Aug 24, 2015 11:42 am

Re: Tier 2 ICT Long Term staff partner to Tier 2 General

Post by adviceme » Mon Aug 24, 2015 2:58 pm

physicskate wrote:
adviceme wrote:
I was told he can switch from Tier 2 ICT staff migrant to Tier 1 General without cooling period. Is that assumption correct. His CoS is stated as appx £60K.
Tier 1 General has been closed to new applicants for years. He can continue on Tier 2 ICT, or he can change to your dependent (Tier 2 dependent). A Tier 2 ICT to Tier 2 General is subject to a 12 month cooling off period.

Thank you physicskate !!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 ICT Long Term staff partner to Tier 2 General

Post by geriatrix » Mon Aug 24, 2015 3:27 pm

adviceme wrote:My husband is on Tier 2 ICT Staff Migrant which is valid until Sep2016. If i change my visa to Tier 2 Gen, can he still continue to be on Tier 2 ICT ?
Well, making an immigration application has always been voluntary. No one can force another to change immigration categories.
Life isn't fair, but you can be!

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