Tier 2 rules change

timesofindia · Post by **timesofindia** » Tue Dec 08, 2009 10:10 pm

http://www.bia.homeoffice.gov.uk/siteco ... IT-workers

From the beginning of next year, workers in this category will need to have 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK, and the category will be closed as a route to permanent settlement in the UK.

sherkhan297 · Post by **sherkhan297** » Wed Dec 09, 2009 9:28 pm

does this mean if you had 2 years tier 2 WP and 3 years tier 1 visas..you would not qualify now?

joh118 · Post by **joh118** » Wed Dec 09, 2009 9:35 pm

sherkhan297 wrote:does this mean if you had 2 years tier 2 WP and 3 years tier 1 visas..you would not qualify now?

well if you meet the requirements for settlement NOW then apply NOW. but, yes next year, you cant settle.

leo_the_lion · Post by **leo_the_lion** » Wed Dec 09, 2009 9:51 pm

I was on a work Permit for last 2.5 years and have shifted to Tier2 recently. Does this mean I would not be able to apply for PR when I complete 5 years..?

sherkhan297 · Post by **sherkhan297** » Wed Dec 09, 2009 9:55 pm

thanks Jon,
this might be a silly question..but is there a difference between tier 2 and work permit, or are these the same? my visa category used to say work permit in 2006, when it was renewed in 2008 it said UKBA vulcan 2, so i dont understand what this means..?

joh118 · Post by **joh118** » Wed Dec 09, 2009 11:45 pm

sherkhan297 wrote: thanks Jon,
this might be a silly question..but is there a difference between tier 2 and work permit, or are these the same? my visa category used to say work permit in 2006, when it was renewed in 2008 it said UKBA vulcan 2, so i dont understand what this means..?

Effectively, they are the same, the name got changed due to transition from Work Permits to Tier 2.

joh118 · Post by **joh118** » Wed Dec 09, 2009 11:50 pm

leo_the_lion wrote:I was on a work Permit for last 2.5 years and have shifted to Tier2 recently. Does this mean I would not be able to apply for PR when I complete 5 years..?

If you are here on a Inter-Company-Transfer, you will not be able to apply for ILR.

Your only option is to apply under the long residence route (10 years) for ILR or just switch categories from ICT to Tier 1 or Tier 2.

eager2learn · Post by **eager2learn** » Thu Dec 10, 2009 10:48 am

timesofindia wrote:http://www.bia.homeoffice.gov.uk/siteco ... IT-workers

From the beginning of next year, workers in this category will need to have 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK, and the category will be closed as a route to permanent settlement in the UK.

that link is not working.

Is it for all tier 2 people or ICT only?

FENMAN · Post by **FENMAN** » Thu Dec 10, 2009 11:32 am

Try this link: http://tinyurl.com/ydrvxz8

The quick fix for this issue will be to switch to Tier-1, ASAP

eager2learn wrote:
timesofindia wrote:http://www.bia.homeoffice.gov.uk/siteco ... IT-workers

From the beginning of next year, workers in this category will need to have 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK, and the category will be closed as a route to permanent settlement in the UK.
that link is not working.

Is it for all tier 2 people or ICT only?

joh118 · Post by **joh118** » Thu Dec 10, 2009 12:23 pm

eager2learn wrote:
timesofindia wrote:http://www.bia.homeoffice.gov.uk/siteco ... IT-workers

From the beginning of next year, workers in this category will need to have 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK, and the category will be closed as a route to permanent settlement in the UK.
that link is not working.

Is it for all tier 2 people or ICT only?

ONLY Intra-Company-Transfer

sherkhan297 · Post by **sherkhan297** » Thu Dec 10, 2009 5:41 pm

if we were to switch to tier 1 asap, would the time spent on tier 2 still count?

tvn_ramesh · Post by **tvn_ramesh** » Thu Dec 10, 2009 5:44 pm

sherkhan297 wrote:if we were to switch to tier 1 asap, would the time spent on tier 2 still count?

Yes for ILR switch from WP/Tier2 to Tier 1 is counted..

sherkhan297 · Post by **sherkhan297** » Thu Dec 10, 2009 5:52 pm

thanks.. for the quick reply.
I am planning to apply for tier 1 in jan.. my renewal of WP is in june 2010, so if i get tier 1 by feb/march. . I should be ok you think ..to apply for ILR in 2011? my time started in 2006 sept under WP.

So it will be WP (from sept 06 to Feb 09 - 3 years, 4 months) + tier1(feb 09 - sept 2011) and this will be ok, yea?

This rule effects tier 2 (intra company) transfer ONLY, right?
and I think my visa will be renewed to tier 2 (intra company) and not tier 2(G), hence wanted to change to tier 1

tvn_ramesh · Post by **tvn_ramesh** » Thu Dec 10, 2009 5:59 pm

sherkhan297 wrote:thanks.. for the quick reply.
I am planning to apply for tier 1 in jan.. my renewal of WP is in june 2010, so if i get tier 1 by feb/march. . I should be ok you think ..to apply for ILR in 2011? my time started in 2006 sept under WP.

So it will be WP (from sept 06 to Feb 09 - 3 years, 4 months) + tier1(feb 09 - sept 2011) and this will be ok, yea?

This rule effects tier 2 (intra company) transfer ONLY, right?
and I think my visa will be renewed to tier 2 (intra company) and not tier 2(G), hence wanted to change to tier 1

Yes that is what i think: I was on WP for 2.5years n since 1year on Tier1(G) and it qualifies for ILR as long as new rules dont come over night..

I think in urcase it is better to transfer to Tier1(G) from Tier2(G) instead fo going the Tier2(ICT) route..

pls do your due deligence..

sherkhan297 · Post by **sherkhan297** » Thu Dec 10, 2009 6:10 pm

thanks..yea..thats what i think too.. however, im not sure of the visa i am in right now as it stated ''work permit'' in 2006 and in 2008 when it was renewed here it just says ''UKBA vulcan 2'' and now if i send it for renewal in 2010, am not sure what it will be tier 2 (G) or tier 2(ICT).

The reason i think this will be tier 2 (ICT) is that I have been transferred from base abroad in India hence I am thinking if we will get the visa as tier 2(ICT) going forward.

In anycase..i want to move to tier 1 soon and was hoping the 3 + years on WP/tier 2 (g) or tier 2(ICT) will count towards ILR as theres just about 2 years left for me to be able to apply. (Unless again there are new rules in the next 2 years)

Vanadil · Post by **Vanadil** » Thu Dec 10, 2009 6:56 pm

The title of this thread is a bit misleading.

This will only affect Intra-company transfers, not regular Tier 2 workers.

blue78 · Post by **blue78** » Fri Dec 11, 2009 11:49 am

I arrived to the UK in September 2006 on 'intra company transfer' Work Permit. Prior to arriving to the UK I was working for my current employer for nearly 2 years in Austria. The UK Work Permit was granted for 5 years.

The article "Immigration 'loophole' for IT workers - government response" (http://www.bia.homeoffice.gov.uk/siteco ... IT-workers) states that the Tier2 (WP) intra company transfer category will be closed as a route to permanent settlement in the UK.

Can anybody advise if these changes will affect me as I was granted Work Permit in 2006 and I was planning to apply for ILR in 2011?. I moved to the UK with a view to stay in the UK and I was planning my life accordingly. To take away the right for ILR seems to be very unfair to me and it will have a huge impact on my life...

joh118 · Post by **joh118** » Fri Dec 11, 2009 12:29 pm

blue78 wrote:I arrived to the UK in September 2006 on 'intra company transfer' Work Permit. Prior to arriving to the UK I was working for my current employer for nearly 2 years in Austria. The UK Work Permit was granted for 5 years.

The article "Immigration 'loophole' for IT workers - government response" (http://www.bia.homeoffice.gov.uk/siteco ... IT-workers) states that the Tier2 (WP) intra company transfer category will be closed as a route to permanent settlement in the UK.

Can anybody advise if these changes will affect me as I was granted Work Permit in 2006 and I was planning to apply for ILR in 2011?. I moved to the UK with a view to stay in the UK and I was planning my life accordingly. To take away the right for ILR seems to be very unfair to me and it will have a huge impact on my life...

yes this new change is intended to affect people just like you.

You will not be able to get ILR anymore unless u apply through the 10 year long residency route.

If you have a masters degree then why not apply for tier 1?

OR

You can think about changing to tier 2.

blue78 · Post by **blue78** » Fri Dec 11, 2009 3:38 pm

Hi joh118, thank you for your answer.

I've got a degree which is equal to "bologna" masters degree in my country. However, Naric said it is equivalent of bachelors degree in the UK despite my course being 1.5 years longer than the UK mechanical engineering masters... Naric justified it with "more practical work".

> You can think about changing to tier 2.

Well, that may be an option, but my company would need to re-apply for visa, and I would need to find a sponsor if I want to change my job. I wouldn't be able to start my own company or work as a contractor, and I would need to wait for 5 more years to get ILR...

These changes really suck big time....

Doing a masters in the UK and switching to Tier1 may be an option but it is an expensive and lenghty option.

Good luck to all in this situation!

sherkhan297 · Post by **sherkhan297** » Fri Dec 11, 2009 9:54 pm

joh118,.. do you mean to say that if blue78 was to change to tier 1 now, the time since 2006 spent on the intra company transfer visa would be counted towards ILR in 2011.?

It think it should and you may be right.

The rules come into effect 'early next year' it says .. so would the change to tier 1 need to happen before the rules come into force?

blue78..i agree..the new rules do suck, and are a bit unfair.. if at all the new rules should effect any new people entering the country from the time the rule was created and not people who have completed 3-4 years already on this category and in the final year, they change the rules..not fair at all..

joh118 · Post by **joh118** » Sat Dec 12, 2009 10:07 pm

sherkhan297 wrote:joh118,.. do you mean to say that if blue78 was to change to tier 1 now, the time since 2006 spent on the intra company transfer visa would be counted towards ILR in 2011.?

It think it should and you may be right.

The rules come into effect 'early next year' it says .. so would the change to tier 1 need to happen before the rules come into force?

blue78..i agree..the new rules do suck, and are a bit unfair.. if at all the new rules should effect any new people entering the country from the time the rule was created and not people who have completed 3-4 years already on this category and in the final year, they change the rules..not fair at all..

Yes, I do believe (please correct me if i am not) but time spent on ICT will be valid for ILR until "early next year". So, you can switch into tier 1 this year and time on ICT will still be valid.

Just make sure your application submissiion date is before the change.

sherkhan297 · Post by **sherkhan297** » Sat Dec 12, 2009 10:17 pm

Yea, I agree.. although I think that its better to switch to tier 1 before the rules comes into force 'early next year' to be on the safe side (the ukba site doesnt say the month next year)..
I also think that if the change to Tier 1 is done after the new ICT rule comes in , the time spent on ICT should still be counted?

I might be wrong in understanding this, do please correct me if thats the case......but I think the new rule says the ICT will no longer be a route for settlement, i.e you cant have 5 years on ICT and claim settlement, however 3 years ICT + 2 tier 1 (regardless of whether your tier 1 time started before or after the new ICT rules) should still be valid??

meats · Post by **meats** » Sat Dec 12, 2009 10:21 pm

sherkhan297 wrote: I might be wrong in understanding this, do please correct me if thats the case......but I think the new rule says the ICT will no longer be a route for settlement, i.e you cant have 5 years on ICT and claim settlement, however 3 years ICT + 2 tier 1 (regardless of whether your tier 1 time started before or after the new ICT rules) should still be valid??

They haven't stated whether it will count or not so at the moment it is just pure speculation when someone says that it will count or that it won't count. For what it's worth i think that it will still count but no one knows for certain as yet whether that is actually the case or not.

sherkhan297 · Post by **sherkhan297** » Sat Dec 12, 2009 10:30 pm

Thats true.. they havent explicitly said that it will count..however, for ILR the rules are that time on WP/tier 2 should count..

but then again.. they could just change that and say tier 2 ICT would no longer count..which will be very unfair though.. but lets hope thats not the case..
The new rule should ideally affect the new entries to the UK and also if this rule means what it says, i.e 5 years continuous on ICT would not be counted..it would make more sense.

meats · Post by **meats** » Sat Dec 12, 2009 10:35 pm

sherkhan297 wrote:Thats true.. they havent explicitly said that it will count..however, for ILR the rules are that time on WP/tier 2 should count..

but then again.. they could just change that and say tier 2 ICT would no longer count..which will be very unfair though.. but lets hope thats not the case..
The new rule should ideally affect the new entries to the UK and also if this rule means what it says, i.e 5 years continuous on ICT would not be counted..it would make more sense.

Well if they consider it a loophole then it's not unfair to say that it doesn't count as it is a loophole that has been exploited.

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