Tier 2 ICT to Tier 2 General - Impact on ILR

SHREESOFT · Post by **SHREESOFT** » Sun Sep 18, 2011 3:35 pm

Hi there,

I am on a Tier -2 ICT visa issued on Feb 2009 till Jan 2012 , and i am looking for change in employment and i am close to find a employer who will be sponsoring me ( tier 2 General) .

I do understand that i need to leave the country to apply for Tier-2 general Visa , but does that reset my ILR clock ?

I have already stayed in Uk for more than 2 and half years will that be counted if i come back to UK on a Tier-2 General visa making sure there is no gap between this switch of visas ?

Appreciate your response

rahulindia · Post by **rahulindia** » Mon Sep 19, 2011 10:38 pm

I am in UK since last 4 years on T2 ICT and looking for change of employment. I heard this can be done by switching to T2 General from India and (ILR) clock will not reset as per 1 agent but another lawyer said otherwise.

gupta_ust · Post by **gupta_ust** » Wed Oct 26, 2011 2:08 pm

Even I am in the same position...Can someone please reply?

rahulindia · Post by **rahulindia** » Wed Oct 26, 2011 2:22 pm

gupta_ust wrote:Even I am in the same position...Can someone please reply?

As per latest updates on UKBA website ICT visa workers can switch to T2 General INSIDE UK. See -
See link -
http://www.ukba.homeoffice.gov.uk/visas ... igibility/#

click on - Can you switch into Tier 2 (General)? at bottom

Post by **geriatrix** » Wed Oct 26, 2011 2:38 pm

rahulindia wrote:
gupta_ust wrote:Even I am in the same position...Can someone please reply?
As per latest updates on UKBA website ICT visa workers can switch to T2 General INSIDE UK. See -
See link -
http://www.ukba.homeoffice.gov.uk/visas ... igibility/#

click on - Can you switch into Tier 2 (General)? at bottom

Unless this statement (and similar mention in the policy guidance) can be considered as "law", suggest that clarification be sought from UKBA .. as the immigration rules do not allow such a switch (245HD(b)).

rahulindia · Post by **rahulindia** » Wed Oct 26, 2011 3:03 pm

Hello Moderator,
Please correct me if wrong -
The original query is about switching to T2 General which should mean applying fresh T2 General application who has previously T2 ICT visa.

The link you've mentioned is under 'Requirement for leave to remain' which should mean who is already under T2 General and wanted to change sponceror for his T2 General. In that case, 'leave to remain' will be applicable. Correct?

Post by **geriatrix** » Wed Oct 26, 2011 3:04 pm

Facts:
1. All applications from within the UK are "leave to remain" applications ... under any immigration category.
2. Switch = changing immigration categories by making an application in the UK.

e.g. -
1. When an existing Tier 1 (PSW) migrant in the UK wants to switch to Tier 2 (General), he makes a "leave to remain" application.
2. When an existing Tier 2 (General) migrant in the UK wants to change an employer, he makes a "leave to remain" application on the basis of the new CoS from the new employer.
3. When an existing Tier 2 (General) migrant marries a British citizen and wishes to switch from "Tier 2 leave" to "spouse of British citizen" leave, he makes a "leave to remain" application as a spouse of British citizen.

According to immigration rule 245HD(b), Tier 2 (ICT) is not listed as a category allowed to switch to Tier 2 (General), contrary to what the UKBA website and Tier 2 policy guidance suggests is possible.

Post by **geriatrix** » Thu Oct 27, 2011 9:42 pm

sushdmehta wrote:
rahulindia wrote:
gupta_ust wrote:Even I am in the same position...Can someone please reply?
As per latest updates on UKBA website ICT visa workers can switch to T2 General INSIDE UK. See -
See link -
http://www.ukba.homeoffice.gov.uk/visas ... igibility/#

click on - Can you switch into Tier 2 (General)? at bottom
Unless this statement (and similar mention in the policy guidance) can be considered as "law", suggest that clarification be sought from UKBA .. as the immigration rules do not allow such a switch (245HD(b)).

Update: Switching from Tier 2 (ICT) to Tier 2 (G) - UKBA response

gupta_ust · Post by **gupta_ust** » Sat Oct 29, 2011 11:27 pm

Thank you all for your replies. But my original question is, does it reset ILR clock?

arsenal49 · Post by **arsenal49** » Sun Oct 30, 2011 12:46 pm

it wont reset the ILR clock if you make an application inside uk BEFORE your current leave expires- apparently!

Post by **geriatrix** » Mon Oct 31, 2011 10:37 am

My two cents:

If the switch is not possible as the immigration rules currently state (but contrary to what UKBA claims), then -
1. Exit UK after you receive a RCoS and before your current leave expires.
2. Apply for entry clearance from outside the UK.
3. Return to UK as soon as possible upon grant of new leave as Tier 2 (General) migrant and definitely within 90 days of exit.

The response is based on information posted on the forum by people who had made a similar change during the qualifying residential period and were granted settlement.

That said, there is no telling whether the policy will remain the same when you become eligible for settlement or how the caseworker assigned to your settlement application will interpret the change.

Post by **geriatrix** » Wed Nov 02, 2011 11:06 am

For discussion regarding switching from Tier 2 (ICT) to Tier 2 (General), please continue in this topic.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier 2 ICT to Tier 2 General - Impact on ILR

Tier 2 ICT to Tier 2 General - Impact on ILR