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UK Tier 2( intra company Transfer ) to UK Tier2 Gernal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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krishnamzp
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UK Tier 2( intra company Transfer ) to UK Tier2 Gernal

Post by krishnamzp » Thu Jul 12, 2012 1:39 pm

Hi

Currently i am in UK on Tier 2( Intra company transfer) and want to switch to Tier 2 General. I am in UK since March 2011 I came to UK on Established staff Visa and now it got changed to T2 ICT Long Term as i applied for visa extension in Jan 2012.

As i have a offer with me i want to know can i get my Visa transfer from Tier 2 ICT to Tier 2 General.

Please let me know.
Thanks

manci
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Post by manci » Thu Jul 12, 2012 2:30 pm

You can switch in-country from T2 ICT Established Staff to Tier 2 General if you change sponsors but you must get a CoS from your new employer first.

Voldemort
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India

Post by Voldemort » Sat Jul 14, 2012 1:38 am

Hi guys, need an urgent help/advice as everyone seems to have his/her own interpretations of the new rules..:(

My queries:-
1) I came to UK on a T2 ICT-ESTABLISHED STAFF VISA (3-yr).
My visa application was submitted on 5th April 2011 (so before 6 April'11).
However, my visa issue date is 26-Apr'11 (after 6 Apr'11).

So the date "6 APRIL 2011" actually applies to the application date or the issuance date? I believe, it must be the former as the "rules" which would apply should be the ones as of 5th Apr'11.
Please confirm.

2) I've left (was forced to leave) my employer last month (June'12) and I'm serving the 60-day curtailment period in UK. Now for switching to other employers in UK and thus applying for T2 General visa, am I subject to the 12-month cooling off period?
I understand that as long as I don't leave UK within this 60-day period, I should be fine (assuming point 1 is okay).
Please advise.

3) With regard to the 60-day curtailment period, what exactly does the 60th day imply from a visa-switch point of view? Does it mean that the visa transfer must be over and I should already have a T2 Gen visa OR does it simply ask you to get the visa transfer application started by that deadline (and the processing time may go beyond the 60th day)?
I'm clueless on this! :roll:

Thanks in advance!

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Jul 14, 2012 5:38 pm

Voldemort wrote:Hi guys, need an urgent help/advice as everyone seems to have his/her own interpretations of the new rules..:(

My queries:-
1) I came to UK on a T2 ICT-ESTABLISHED STAFF VISA (3-yr).
My visa application was submitted on 5th April 2011 (so before 6 April'11).
However, my visa issue date is 26-Apr'11 (after 6 Apr'11).

So the date "6 APRIL 2011" actually applies to the application date or the issuance date? I believe, it must be the former as the "rules" which would apply should be the ones as of 5th Apr'11.
Please confirm. it is the application date that matters, that is why you are T2 Established Staff and not Long Term Staff.

2) I've left (was forced to leave) my employer last month (June'12) and I'm serving the 60-day curtailment period in UK. Now for switching to other employers in UK and thus applying for T2 General visa, am I subject to the 12-month cooling off period?
I understand that as long as I don't leave UK within this 60-day period, I should be fine (assuming point 1 is okay). correct Please advise.

3) With regard to the 60-day curtailment period, what exactly does the 60th day imply from a visa-switch point of view? Does it mean that the visa transfer must be over and I should already have a T2 Gen visa OR does it simply ask you to get the visa transfer application started by that deadline (and the processing time may go beyond the 60th day)?
I'm clueless on this! :roll: you must apply for the T2G leave to remain before your current curtailed visa expires, for which you will need a CoS, and after you have applied you cannot start work in your new job before you get an approval letter from UKBA. Thanks in advance!

Voldemort
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India

Post by Voldemort » Sat Jul 14, 2012 5:41 pm

Thanks manci..you are a saviour!! :)

Voldemort
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UKBA intimation - visa curtailment

Post by Voldemort » Thu Jul 19, 2012 11:59 am

Hey guys,
It has been a month since I've been made redundant but I haven't yet received any letter of intimation from UKBA stating my "last day of unemployed stay in UK" as per the visa curtailment period.

Does anyone know how long does it take on average? and, more importantly can the letter be issued with a notice as short as a week or a fortnight?

I'm mentally prepared to stick to the 60-day rule but some firms may now turn my interviews down due to such a short notice.

Thanks.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Jul 19, 2012 1:41 pm

Do you know if your previous employer has actually informed UKBA that you left them? They are obliged to report this within 10 days.

If UKBA have been informed they will write to you curtailing your visa to 60 days from the date of their decision, not from the date when you stopped working. It is uncertain how long they take making the decison, but consider this a bonus period on top of the 60 days.

Before you go to interviews make sure that the prospective employer has a sponsor licence and is able to assign a CoS to you.

Voldemort
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Post by Voldemort » Thu Jul 19, 2012 2:39 pm

well, it was verbally communicated to me that the HR will report my situation to UKBA within 10 days. However, I'm not sure whether that took place.

Anyway, it's a huge relief to know that the my clock starts ticking from the date of decision and not my last day at work :)

Voldemort
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Post by Voldemort » Sun Sep 02, 2012 3:40 am

well, just an update on this - it has been now 75 days and I haven't received a letter from UK Border curtailing my visa. I called them up earlier this month and the response was - "Nowadays we don't usually write to the candidate but we advise you to keep looking for the new employer within 60 days."
Not sure, how much I can read into that but it seems I can "legally" stay in UK until my visa expiry unless I receive a letter curtailing my visa.

I'm wondering how critical/troubling this "soft" breach is when it comes to my new application for T2-Gen (from the prospective employer). Can UK Border reject it solely based on this argument?

Fingers crossed!! :roll:

Voldemort
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Post by Voldemort » Thu Sep 27, 2012 10:37 pm

Hi manci,
As I'm no longer with the firm (sponsor for my Tier 2 ICT - Est Staff visa) and I'm still looking out, am I eligible to apply for the contractual/temporary roles in the market? My understanding is that you can do so only if you continue to be sponsored by your original employer or if you've Tier 1 visa.

Please advise! Thanks.

manci
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Post by manci » Fri Sep 28, 2012 8:06 am

I'm afraid under the circumstances you are not allowed to work at all until such time that you are assigned a CoS by a new sponsor, apply for leave and the application is apprioved by UKBA.

Voldemort
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Post by Voldemort » Fri Sep 28, 2012 12:43 pm

Thanks manci..I thought so :(
Sigh! The contract roles in UK market are super-lucrative..wish I had a chance.

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