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Amendments to Tier 2 of the Points Based System -> 7.11 -> bullet point 7 in the list wrote:Applicants will not be able to switch between sub-categories while they are in the UK.
Does this mean the guys who is in country on T2 ICT visa (pre Apr 2010) can't transfer the visa to T2 (G)?sushdmehta wrote:Existing Tier 2 (ICT) migrants will not be able to switch to Tier 2 (General) from 06-Apr-11 (245HD(b)).
Yes Please..............Agastya80 wrote:I am also looking for an answer to this one, mate.
lets hope someobody from the forum with much experience and knowledge will provide some direction/guidance....
Hi Sushdmehta,sushdmehta wrote:Existing Tier 2 (ICT) migrants will not be able to switch to Tier 2 (General) from 06-Apr-11 (245HD(b)).
Thanks for your prompt response Sushdmehta. I hope (pray the god) it is an error in the statement of changes to immigration rules and will be sorted out before they implement the changes.sushdmehta wrote:So, unless there is an error in the statement of changes to immigration rules, switching is not possible after 06-Apr-11.
The link (bottom of page 9) clearly states ''We will not apply the new Rules to ICTs already in the UK.''ArgieBee wrote:I think it was also in the February statement of intent issued by the UKBA. Page 9:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
It is not an error that in-country switching from tier 2 ICT to tier 2 general has been removed.
Moderators/Gurus, Plase can you give your valuable advice on the above.sarath1212 wrote:The link (bottom of page 9) clearly states ''We will not apply the new Rules to ICTs already in the UK.''ArgieBee wrote:I think it was also in the February statement of intent issued by the UKBA. Page 9:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
It is not an error that in-country switching from tier 2 ICT to tier 2 general has been removed.
Experts please can you clarify the contradiction between the Feb &March statements.
Thanks,
Raj
Thanks for the response ArgieBee&Sushdmehta.I have sent a email to UKBA requesting the clarification and post the same when i get the response.ArgieBee wrote:@sarath1212
I agree that it is unclear if the UKBA will allow switching to tier 2 general for pre 06-04-2011 ICTs. You could try contacting them and post the answer.
However the cap for tier 2 general (20,700) is high for the first year. There were only 8,555 entry clearances for tier 2 general in 2009 (and 9,915 in 2010 under the temporary cap) and a lot of people would now not be eligible under the new "graduate occuptaion" rules.
The numbers are here:
http://rds.homeoffice.gov.uk/rds/pdfs11 ... 0-tabs.xls
I guess they are allowing for a number of people who would have used tier 1 general now using tier 2 general instead (as tier 1 general is effectively closed except for exceptional talent like the US O visa).
So if you do find a sponsor/employer then they probably won't find it difficult getting a restricted tier 2 general CoS.
I am not sure if you physically have to leave and re-enter. Maybe one of the experts could answer.
point 188 says ''If you want to sponsor a migrant under Tier 2 (General) or Tier 2 (Intra-companyTransfer) (ICT) who is already working in the UK either under Tier 2 (General), Tier 2 (Intra-company Transfer) (ICT) or a Work Permit, where that leave was granted under the rules in place before 6 April 2011, the job must be at or above S/NVQ level 3. There will only be 2 circumstances in which this applies. Either;maverick.topgun1984 wrote:Hi All,
I might be completely wrong but can someone point me to the guidelines link which mentions that one cannot transfer from ICT to Tier 2 ( General). I had a look in the guidelines published on the 16th of March in the following link:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
As mentioned in this document, if you look at page 25 point 188, it clearly mentions that you can employ a person from ICT to general.
As mentioned earlier, please correct me if I am wrong.
sarath1212 wrote:point 188 says ''If you want to sponsor a migrant under Tier 2 (General) or Tier 2 (Intra-companyTransfer) (ICT) who is already working in the UK either under Tier 2 (General), Tier 2 (Intra-company Transfer) (ICT) or a Work Permit, where that leave was granted under the rules in place before 6 April 2011, the job must be at or above S/NVQ level 3. There will only be 2 circumstances in which this applies. Either;maverick.topgun1984 wrote:Hi All,
I might be completely wrong but can someone point me to the guidelines link which mentions that one cannot transfer from ICT to Tier 2 ( General). I had a look in the guidelines published on the 16th of March in the following link:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
As mentioned in this document, if you look at page 25 point 188, it clearly mentions that you can employ a person from ICT to general.
As mentioned earlier, please correct me if I am wrong.
the migrant was working for you under one of those categories on or before 5 April 2011 • and they need to extend their leave to continue in that employment; or
you have conducted a resident labour market test (where appropriate) and the successful • candidate is a migrant who has been working for another employer/sponsor in the UK, with leave granted under one of those categories on or before 5 April 2011 and they are leaving that job to come and work for you.''
This means transfer of T2(ICT) to T2(G) is allowed if the leave to remain is aprroverd before 06 April.
OK, I'm on T2 ICT from March 2009. Can i change my visa to T2 (General) after 6th April2011 or not? Please advice.maverick.topgun1984 wrote:sarath1212 wrote:maverick.topgun1984 wrote:Hi All,
I think you have again drawn the wrong conclusion. It means that if he has been on this categories prior to 05th April, so ICTS prior to 5th April would be allowed. Anyways, 6 more days and everything should be clear.