Can I rectify category for Tier 2 (Guess was applied wrongly

[rajib1111]

Hi
I came to UK in OCT 2008 with a new job after my employer did a market review and was not able to fill up the position here. I was working with a different organisation in India when I got this new offer and accepted it. I was given a work permit which was processed by my new employer. This permit was given from Aug 2008 to Aug 2012.

I am still with same employer and same role. My employer applied again to get my extension. As work permit is no more there, we had to apply in one of the suitable categories in Tier 2. My application was made in ICT though reading the guidelines in UKBA website, I fit in General. (I was not transferred by my overseas employer and it was an absolutely new job. Even letters issued by UKBA at that time showed that its a work permit to EMPLOY me).

However, the application has now been approved by UKBA in the ICT category.

Can somebody advise what are the implications of this?

As I read it -
1. I don't want to be in ICT as I may be wrongly victimised and impacted if tomorrow there is a further change on ICT category.
2. For ILR, how do I justify that its a case of transfer? All documents I have (offer letter, acceptance letter) shows its a new job and not transfer!
3. UKBA may say that we provided wrong information?

Please suggest what should be my next course of action please.

Sincere thanks for your help.

[manci]

Your employer assigned a Tier2 ICT Long Term Staff CoS to you but have you already applied for leave to remain in this category or not yet? If not yet when exactly does your current leave expire? Does your employer have a Tier 2 General sponsor licence or only Tier 2 ICT?

You are right, if you did'n't have an intra company transfer work permit, just a Business and Commercial (not-multi-entry) work permit, then you should have been assigned a Tier 2 General CoS rather than a Tier 2 ICT CoS.

What to do now depends on the answers to the questions in first paragraph above.