Can Tier 2 ICT visa issued Sep 2010 change sponsors?

[Vanessa F]

Hi,

I have a Tier 2 ICT visa, working for company A. It was issued in September 2010, and I have been living in the UK since Jan 2011.
I understand that due to the new regulations, after April 2010, I am not eligible yet to apply for ILR, as I would need to wait 10 years living here. I can just apply for it after Jan 2021. Is it correct?

I am still under ICT Tier 2 with my current sponsor. It is valid until 2018 and with high certainty that they will extend it further - as my current role is a permanent position in the UK. I am being offered a job with company B. Is it possible for me to take this job? Can I "transfer" my visa? Or can I apply for a Tier 2 General visa?

Thanks a loy

[CR001]

To apply for ILR based on long residence you need a valid visa for the whole ten years. You will see that you cannot extend ICT to cover a full 10 years.

How long you can stay
You can come to the UK with a Tier 2 (Intra-company Transfer) visa for up to the maximum stay allowed for your visa type, or the time given on your certificate of sponsorship plus one month, whichever is shorter.

The maximum stay for each type of Tier 2 (Intra-company Transfer) visa is:

Long-term Staff (if you earn more than £120,000 per year): 9 years
Long-term Staff (if you earn less than £120,000 per year): 5 years, 1 month
Graduate Trainee: 12 months
Short-term Staff: 12 months

You cannot 'transfer' your visa and you cannot 'switch' to Tier 2 General without serving the cooling off period in your home country.

[mspr335]

please check the below . if your visa issued in September 2010 is Tier 2 ICT Established Staff , you might be able to switch to Tier 2 General in country for a different sponsor.

https://www.gov.uk/guidance/immigration ... sed-system

245HD. Requirements for leave to remain

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:
(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

There is no limit for extenstion if your visa category is Tier 2 ICT before April 2011. You can extend for 10 years and apply for Longterm residence

Tier 2 ICT - 245GE. Period and conditions of grant
or
(iv) No limit, 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 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.

[vmtier1aspirant]

Hi Vanessa F,

I am not an expert but this is what I have understood of the rules and regulations.

• As your ICT was issued in Sep 2010, it must be under the Established Staff category which was the catgeory used between 6-Apr-2010 and 5-Apr-2011.
• Assuming that the visa was ICT Established Staff and that you after you entered the country in Jan 2011 you have only kept on extending your leave to remain rather than get a new entry clearance, you are able to switch to Tier 2 General as long as you do it within the country and you are changing your employer (which looks like what your case is about).
• To the point raised around getting ILR under the 10-year route, you are correct that is the only way to get ILR if you have entered the country after 6-Apr-2010. However, the 10-year route does not look at whether the 10 years were under a single visa or not. It allows for 10 years to be completed under a series of visas as long as the stay was lawful and there were no gaps.

Hope this helps.

Thanks,
V