Tier 2 (ICT-long term) to Tier 2 general with new sponsor

[bill_6]

I work for a company in India which has a branch in UK. I will be moving to UK to work with a client for long term assignment.
I have two options.
Tier 2 ICT-long term
Tier 2 General

I understand that with Tier 2 general, the process is lengthy.

My question here is-----
If I move to UK on Tier 2 ICT-long term and later on my client (not employer) or a different employer is willing to sponsor me, will I be able to switch/transfer to tier 2 general?

My employer is giving more emphasis to have me on tier 2 ICT-long term. As per his statement tier 2 general is very lengthy and involves a lot of questioning and there are chances for visa rejection. How different it is from tier 2 ICT when it comes to hassle involved in the process.

FYI my employer in UK have both ICT and Tier 2 general license.

Thank you

[geriatrix]

If I move to UK on Tier 2 ICT-long term and later on my client (not employer) or a different employer is willing to sponsor me, will I be able to switch/transfer to tier 2 general?

No.

[robbyuk]

bill_6 wrote:
If I move to UK on Tier 2 ICT-long term and later on my client (not employer) or a different employer is willing to sponsor me, will I be able to switch/transfer to tier 2 general?
No.

Sushdmehta: Just to understand, why can't he switch if the client is willing to sponsor his fresh Tier2 General application?[/code]

[geriatrix]

Because the immigration rules do not allow it.

[robbyuk]

Because the immigration rules do not allow it.

So, how can one switch from "Tier 2 ICT" to "Tier 2 General"? Because as per one of your posts, under rule 245GD, you can make a switch from Tier 2 ICT to Tier 2 General.

[Greenie]

Because the immigration rules do not allow it.

So, how can one switch from "Tier 2 ICT" to "Tier 2 General"? Because as per one of your posts, under rule 245GD, you can make a switch from Tier 2 ICT to Tier 2 General.

rule 245GD is for applications for leave to remain as a tier 2 ICT migrant.

The rules for leave to remain (and thus switching) in the tier 2 general category are at para 245HD

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,

the OP is still overseas so cannot fall under this para, therefore cannot switch.

[robbyuk]

Got it - So, if the OP was here under the rules before 6th Apr 2010, he would have been able to make a switch.

Thanks

[bill_6]

Experts,

i just reviewed that tier 2 ICT-long term route does not lead to settlement in UK. That means even if I have stayed in UK for five years under ICT-LT, I wont be able to file permanent residency after that...is this correct?

[robbyuk]

Experts,

i just reviewed that tier 2 ICT-long term route does not lead to settlement in UK. That means even if I have stayed in UK for five years under ICT-LT, I wont be able to file permanent residency after that...is this correct?

I think it depends whether you entered before or after the rule change in April' 2011. If you were in the UK before the rule change date, then you can otherwise not.

Probably, the moderators/gurus can throw some light on this.

[geriatrix]

Since 06-Apr-11, Tier 2 (ICT) category does not lead to settlement.

[manci]

Since 06-Apr-11, Tier 2 (ICT) category does not lead to settlement.

actually it has been so since 6 April 2010 - 245GF(d)(i)

[geriatrix]

Typo error, didn't realize. Thanks for the correction!

[Tier2ICT]

Hi All,

I work for a Company A (in India and has a branch in the UK) and placed at a customer Company B in the UK under Tier2 ICT since Mar 2011. My VISA process status as below:

My initial VISA was for 10 months: Mar 2011 to Dec 2011 under Tier 2 ICT Established staff
In Dec 2011, the VISA was extended till Dec 2013 under Tier 2 ICT Long Term Staff

Now my customer Company B is offering me a job. Are there any options for me to switch my VISA/sponsor/employer?

Please advise.

Thank you in advance.

[manci]

Hi All,

I work for a Company A (in India and has a branch in the UK) and placed at a customer Company B in the UK under Tier2 ICT since Mar 2011. My VISA process status as below:

My initial VISA was for 10 months: Mar 2011 to Dec 2011 under Tier 2 ICT Established staff
In Dec 2011, the VISA was extended till Dec 2013 under Tier 2 ICT Long Term Staff

Now my customer Company B is offering me a job. Are there any options for me to switch my VISA/sponsor/employer?
.

You can switch in-country to Tier 2 General

Company B will have to assign a CoS to you before you can apply for leave to remain.

Check that Company B are a T2 General sponsor and that they have an allocation of T2G CoSs for the current year. Unless the job is exempt they will have to carry out a resident labour market test which takes 28 days.

[Tier2ICT]

Hi Manci, many thanks for the prompt reply. Best wishes to you.

[kumkum]

Hi,

If I am having 'tier 2 ICT - Esta Staff ' from company A and company B is sponsoring me Tier 2 General so that I can take up any work at client side.

My question is, if my present 'tier 2 ICT - Esta Staff ' is expiring on 15 Sep 12 and Company B applying for tier 2 general on 15 August 12, offcourse it will take more than three months, do I(and family) have to leave for home country before 15 Sep 12. Or I can stay till tier2 general visa issued.

This is about with in UK tier2 general switching.

cheers

kum

[manci]

If I am having 'tier 2 ICT - Esta Staff ' from company A and company B is sponsoring me Tier 2 General so that I can take up any work at client side.

My question is, if my present 'tier 2 ICT - Esta Staff ' is expiring on 15 Sep 12 and Company B applying for tier 2 general on 15 August 12, offcourse it will take more than three months, do I(and family) have to leave for home country before 15 Sep 12. Or I can stay till tier2 general visa issued.

This is about with in UK tier2 general switching.
kum

Doesn't Company B have a Tier 2 General sponsor licence at present? If not, and if they want to employ you, why aren't they applying for a sponsor licence now rather than on 15 August?

[kumkum]

Thanks for response.
Even if they apply now it’s not certain that I will get it before 15 Sept. I have some constraint that I want it after 15 August from this company B, since there are possibilities to get better offer from some other company C.

Basically I want to know while switching from "Tier 2 ICT - Established Staff" to "Tier 2 General" if ICT expires before receiving tier 2 general what will happen? It could be basic question but if any one confirms me that will be great.

Another scenario, if I go back to home country and then "Tier 2 ICT - Established Staff" expired, if afterwards, some company in UK wish to apply for "Tier 2 general" while I am in home country, can they apply immediately or 12 months gap is required for tier 2 general application.