Switching from T2 ICT to T2G

[manishgupta]

Hi there,

Brief Background:
Currently I am in UK on ICT short term Visa sponsored by employer A from Aug 2015-July 2016. I got a job offer and CoS from another UK employer B and they are proposing for sponsoring tier 2 general visa.

My Question:
Q1: Since employer/Sponsor has changed, can I switch from T2 ICT short term to T2 General Visa?
Q2: Is there any cooling off period?
Q3: If the answer to above is no or cooling off period exist,then is there any alternative way that leads me to grab the job offer from employer B immediately after my T2 ICT Short term visa.


Q4: I have one more option to extend my stay for more than 12 months on T2 ICT short term visa for the same employer. Can I apply for T2 ICT long term(up to 3 years) visa after the completion of my T2 ICT short term visa for the same employer.
Q5: If the answer to Q4 is "yes", do I need to go through the English knowledge test?

Apologies, for bothering you with so many queries.

Many thanks in advance for you help and guidance.

Regards,
Manish

[geriatrix]

1, 2, 3: Read FAQs - From Tier 2 (ICT) to Tier 2 (General) / ILR; Q3.
3, 4: No (245GD(b)).

[manishgupta]

Thanks Team,

What I understand from the suggested reading are:
1. I can not switch from ICT short term to T2 general without serving 12 months cooling off period back in home country even with different sponsors.
2. There is no other alternative way to accept the job offer from employer B immediately in or after my ICT short term tenure i.e. I have to go back to home country for 12 months.
3. But I could switch my ICT short term to ICT long term sponsored from the same employer immediately after the completion of my ICT short term tenure.

Please confirm if my understanding is correct.

[geriatrix]

Simply put, you need to go back after your 12 months are over and you may apply to return to UK without serving cooling-off period if you can find a job that pays £155,300 or more.

[manci]

re. your point 3 - there is no cooling-off if you apply for entry clearance in the T2 ICT Long Term Staff category from your home country: 245GB(e)(ii).

[manishgupta]

Thanks team,

That means in my case i can not accept the job offer from employer B provided my salary is less than £155k. In any case I have to serve 12 months cooling off unless I go for ICT long term visa for same employer.

So sad about that, people fight for CoS but Visa ruin them most.

[geriatrix]

Thanks for the correction, manci!

[manishgupta]

Thanks Team, just last question.
I am not being able to find solution for my problem.
Can you please help me with any way to avoid serving 12 months cooling off other than creteria of salary greater than £155,300? There must be some visa category that I can apply immediately (with in or outside the UK) just after or before the completion of my ICT short term visa to grab the job opportunity from employer B.
Is it possible, if a apply for entry clearence for T2G from my home country just after completion of my ICT short term visa.?

[rubyracer2]

The only way I can think of is getting your spouse a T2G visa and then switching your status as her dependent.

Cooling off period doesn't apply for dependent visa AFAIK

[manishgupta]

Thanks Ruby,

And If I go back to India after completion of my ICT short term tenure and then immediately apply for entry clearance into T2 General, then also do I need to serve 12 cooling off period?

Sorry, I know keep asking questions is annoying, but I really want to grab the new job opportunity in UK, since I got this job opportunity from new employer in my ICT short term tenure, I am stuck with 12 months cooling off.

Appreciate for help and support.

[rubyracer2]

Yes, cooling off applies in that scenario

[manishgupta]

Thanks Ruby,
You suggested one way to get my wife T2G visa and switching my status as dependent. But my wife is already having ICT short term dependent Visa. Will it affects her geting T2G?

[CR001]

Thanks Ruby,
You suggested one way to get my wife T2G visa and switching my status as dependent. But my wife is already having ICT short term dependent Visa. Will it affects her geting T2G?

She is free to apply for a Tier 2 General if she qualifies and can get a sponsor. She has to apply from home country. Makes no difference what visa she is on now.

[manishgupta]

Thanks Team,

In my case, if I want to apply for T2G visa immediately after ICT short term and my sponsor really want me to get this job immediately then, does my sponsor have any power or rights to raise any request or pay additional fee on my behalf so that I can be eligible for applying T2G?

[rubyracer2]

Thanks Team,

In my case, if I want to apply for T2G visa immediately after ICT short term and my sponsor really want me to get this job immediately then, does my sponsor have any power or rights to raise any request or pay additional fee on my behalf so that I can be eligible for applying T2G?

This is already answered by the experts.

There is nothing your sponsor can do apart than paying you more than 155K per annum. Cooling off won't apply in that case

[manishgupta]

All Right!! Thanks Team for all your efforts and help. This is really appreciable.

Some how I manage another way to get T2G.
Please help me on below:
As you know that I am on ICT short term visa and I can not switch to T2G. So I have asked my employer for ICT Long term immediately after ICT short term, Which I conclude from your guidance that its possible without any cooling off and I just need to apply from my home country. So what I am planning to do is - I come back UK on ICT Long term visa and bring my wife on ICT long term dependent visa. Then my wife would get sponsor here in UK and can switch to T2G. I will then switch my status from ICT long term to T2G dependent to her. So we both can be permanent here.

Its bit of story line up but this is how I am thinking to get job here.
Please confirm if my understanding is correct? And is it possible?
Please Note: Currently my wife is having ICT short term dependent visa but she is in India from last 6 months.

To summarize the above in questions:
Q1 : Can I apply for ICT long term immediately after ICT short term? Which I suppose "yes".
Q2: Can my wife apply for ICT long term dependent after the completion of her ICT short term dependent visa?
Q3: Can my wife then convert the ICT long term dependent visa into T2G if she gets the sponsor?
Q4: Can I then convert my ICT long term to T2G dependent visa on her?
Q5: Can T2G dependent work here in UK?
Q6: After all above can we both get permanent here in UK after T2G?

Immense apologies for so many queries. I know its annoying. But please help me, this could be my last query.

Many thanks for your help.

[ravisb_2014]

Please confirm if my understanding is correct? And is it possible?
Yes, it's possible.
Please Note: Currently my wife is having ICT short term dependent visa but she is in India from last 6 months.

To summarize the above in questions:
Q1 : Can I apply for ICT long term immediately after ICT short term? Which I suppose "yes".
Yes, but from your home country.
Q2: Can my wife apply for ICT long term dependent after the completion of her ICT short term dependent visa?
Yes
Q3: Can my wife then convert the ICT long term dependent visa into T2G if she gets the sponsor?
Yes. Make her sponsor carries out RLMT properly and issues a Restricted CoS. Your wife needs to apply for Tier 2 G Visa from her home country
Q4: Can I then convert my ICT long term to T2G dependent visa on her?
Yes
Q5: Can T2G dependent work here in UK?
Yes
Q6: After all above can we both get permanent here in UK after T2G?
Yes, You can apply for ILR after 5 years stay with T2G visa.

[manishgupta]

Great Ravi,

Many thanks to you and your whole team.

[manishgupta]

One last thing what is resticted CoS. How is it different from the normal one.

[ravisb_2014]

Restricted CoS - if applying from outside of UK
Unrestricted CoS - if applying from inside UK.

what do you mean by normal one ?

[manishgupta]

I thought the normal one is what is got for ICT short visa.
And regarding:
Q2: should my wife need to apply ICT long term dependent immediately after ICT short term dependent from with in UK or from the home country?
Q4: when I applying for switching from ICT long term to T2G dependent, do i need to apply from with in the UK or from home country?
And there will be a change of employer and sponsor when i apply for switching. I suppose it is fine.

[CR001]

PBS Dependents can apply within the UK as long as they have valid leave when applying.

[manishgupta]

And for Q2 from ICT long term to T2G dependent?

[CR001]

PBS Dependents can apply within the UK as long as they have valid leave when applying.

Anything in what I have posted not clear enough?

[manishgupta]

Yes, Its clear enough. Thanks for your guidance.

So I am going to apply for ICT long term visa from home country. One query - After reaching home country Is there any time duration in which I have to apply for ICT long term. I mean Is it fine if I apply for ICT long term after few month (say 3 months) after reaching home country. For eg: My ICT short term visa expires in July 2016, so Can I apply for ICT long term in Oct end from home country?