Proposed changes - Tier-2 ICT to Tier-2 General out of UK

[ssuryawa]

As per proposed changes on employment-related settlement:
"To prevent repeat grants of Tier 2 temporary leave, those who leave the UK will not be able to re-apply for entry clearance as a Tier 2 migrant until 12 months after their last leave as a Tier 2 migrant has expired."

Does this mean that from April this year – anyone who has been issued a Tier 2 CoS of any sort, will now no longer be able to extend that into any other form of Tier 2 for a period of 12 months?

I'm on Tier-2 ICT short term hence I'm not allowed to switch in country from my current short term ICT, meaning I've to leave the country. However, if I leave the country – whether I won't be able to apply for any other Tier 2 for a period of 12 months?

Whether I won't be able to apply for Tier-2 General?

[gupta_ust]

Yes...even I am interpreting the statement on the same lines. Tier 2 ICT to Tier 2 G will not be possible until 12 months after expiry.

But this will be a surprise and setback to many people. I hope our interpretation is wrong and things get clarified.
I would leave it to others to comment.

[broccoli]

What about changing from tier 2 ICT to General (from outside the UK) BEFORE the expiry?

[ssuryawa]

Even it's not possible now to change from T-2 ICT to T-2 General before expire or one can say before 6th April '12.

To get CoS for T-2 General (for applying from outside the UK), one needs to make the application on 5th day of every month. UKBA sits from 11th to 13th days of every month for approval of these applications & then they will issue CoS.

5th March 2012 is already over & if you make application on 5th April 2012 that will be of no use because from 6th April 2012, the rules will change.

So it's almost impossible.

Also the sponsor has to run the RMLT i.e. 28 days of advertisement so we've already ran out of time.

[broccoli]

That's confusing. They mentioned 'expiry'. Why are you assuming it applies if it hasn't expired?

[ssuryawa]

it's little tricky....nyways...I just wanted to say that it's impossible (it looks like to me atleast) for now to get T-2 General immediately from outside UK if you are currently on T-2 ICT.

probably i didn't understand your question....

cn u elaborate?

[gupta_ust]

That's confusing. They mentioned 'expiry'. Why are you assuming it applies if it hasn't expired?

Broccoli wants to say that if you have visa that has not expired then the rule will not apply to you.

But to be honest, I think this is not what UKBA is trying to implement. Wording is not clear but may be they are trying to say that T2 ICT to ICT switch is not allowed just after expiry. We need to wait for final set of rules.... currently we are interpreting the worst case scenario.

[ssuryawa]

May be...but just read the below lines from:
http://www.homeoffice.gov.uk/publicatio ... iew=Binary

Page: 8

To prevent repeat periods of leave in Tier 2, we
will apply a ‘cooling off ’ period to Tier 2 General,
Sportsperson and Minister of Religion migrants
who leave the UK without qualifying for settlement.
In line with the existing requirements for Tier 2
Intra-Company Transfers, all Tier 2 migrants will
be required to spend a period of 12 months outside
the UK, after their Tier 2 leave expires, before they
may reapply to enter in a Tier 2 category. Equivalent
arrangements will apply to those who switch out
of the Tier 2 General, Sportsperson and Minister
of Religion categories while in the UK and who
later wish to reapply as a Tier 2 General migrant,
Sportsperson or Minister of Religion.

[gupta_ust]

Equivalent
arrangements will apply to those who switch out
of the Tier 2 General, Sportsperson and Minister
of Religion categories while in the UK and who
later wish to reapply as a Tier 2 General migrant,
Sportsperson or Minister of Religion.

Let me take a optimistic interpretration of this,
Only those who switched out of T2 G and wish to reapply as T2 G need to serve the cooling off period. It is like we serve notice period in our organisation..

I wish rules don't restrict T2 ICT to T2 G switch. I know I am thinking based on my own circumstances but there are others who are in a more bad situation...

[ssuryawa]

I wish too that T-2 ICT short term to T-2 G will be allowed....

bt...i got reply frm an OISC adviser tat it'll no more be allowed....
so I really don't know wht will happen....