Change from TIER-2-ICT to TIER-2-GENERAL

[MrClientServer]

Dear Experts,

A friend of mine friend is looking to change to Tier-2 General form Tier-2 ICT.

His Visa Details are :-
COS(Certificate of Sponsorship) approved Date : 30-Mar-2010.
Visa Granted on : 10-May-2010.( Visa Category: Established Staff )
Date Entered in UK : 11-May-2010
Visa Renewed on : 01-May-2011 ( Visa Category: Long term Staff)
The above visa has been renewing every 2 years. The current visa is valid till July 2019.
Overall now he stayed 8 years on TIER-2-ICT.

Due to change in his work/Project circumstance he want switch to TIER-2-GENERAL from TIER-2-ICT.

Question : First of all is he eligible to change from TIER-2-ICT to TIER-2-GENERAL with in UK (without going India) ?

Kindly throw some light on this. Early responses would be really appreciable . Thank you in advance.


Best Regards

[CR001]

Does he wish to change employers?

[MrClientServer]

Does he wish to change employers?

Hi CR001 - thank you for your response. Yes. He wish to change the employer.

[CR001]

See faqs-from-tier-2-ict-to-tier-2-general (click)

COS(Certificate of Sponsorship) approved Date : 30-Mar-2010.
Visa Granted on : 10-May-2010.( Visa Category: Established Staff )

Also, on what date did he APPLY for his visa?? This is the most important date, the CoS date and date of entry are not relevant.

[MrClientServer]

See faqs-from-tier-2-ict-to-tier-2-general (click)

COS(Certificate of Sponsorship) approved Date : 30-Mar-2010.
Visa Granted on : 10-May-2010.( Visa Category: Established Staff )

Also, on what date did he APPLY for his visa?? This is the most important date, the CoS date and date of entry are not relevant.

Hi CR001 - He applied Visa on : 20-April-2010.

Thank you

[CR001]

My understanding is that as he had the ICT Established Staff issued before 6 April 2011, the follow from the link I have provided would apply and assuming he has only extended his visas within the UK and no applications from home country.

Q3 - I do not qualify for settlement under the Tier 2 (ICT route). Can I switch to Tier 2 (General)?
UKV&I defines "switching" as changing immigration category by making a leave to remain application from within the UK.
Only certain Tier 2 (ICT) migrants are alowed to "switch" to Tier 2 (General). Only those who:
1. 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, and
2. not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
3. not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

[MrClientServer]

Thanks for your prompt reply

We are in the same assumption. But when we checked Homeoffice website, the eligibility criteria is not showing for TIER2-ICT Established Staff issued before 06-April-2011.

https://www.gov.uk/tier-2-general/switch-to-this-visa

COuld you please take a look at the above link and kindly advise.

[CR001]

Yes, it dropped off the list earlier this year on the website.

What I have quoted though is from the Immigration Rules Part 6 and not a 'guidance document'. See 245HD (c) (i) (click)

245HD. Requirements for leave to remain
To qualify for leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion Migrant or Tier 2 (Sportsperson) Migrant under this rule, an applicant must meet the requirements listed below. if the applicant meets these requirements, leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) the applicant must:
(i) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Representative of an Overseas Business
(4) a Tier 5 (Temporary Worker) Migrant, or
(5) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant,
or
(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 4 Migrant and, in respect of such leave, is or was last sponsored by:
(1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
(2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
(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.

[MrClientServer]

Hi CR001,
Thats perfect. Thank you very much for you patience reply and time. Really admire for your worthy info.

I was going thru the the link which you have provided. Just bit confused and not clear with one point. i.e 245 HD (K) Section. Would this point(K) is applicable in my friend's case ?

245 HD(K) SECTION:-
(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 £159,600 per year or higher.


Sorry for asking more. We are doing bit more homework and if everything goes right want to switch next month like that.
But you have given valuable information. Much appreciate if you can clear our last point.
thank you and god bless you.

Best Regards

[CR001]

Thats perfect. Thank you very much for you patience reply and time. Really admire for your worthy info.

You're welcome, happy to help if i can.

I was going thru the the link which you have provided. Just bit confused and not clear with one point. i.e 245 HD (K) Section. Would this point(K) is applicable in my friend's case ?

245 HD(K) SECTION:-
(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 £159,600 per year or higher.

Does not apply as his CoS is for MORE than three and NOT three months or less, as it states above.

[MrClientServer]

Hi CR001 - Millions of Thanks . Really appreciate for your patience and time. Once again heartful thanks. Have a nice weekend.