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For Tier 2 ICT - If you currently have permission to stay in the UK under any of the following immigration categories you can apply to Tier 2 (General) from inside the UK:IndianatUK wrote:Hi,
I'm into UK by Feb'2011 under Tier 2 ICT. I have now submitted my docs for renewal of T2 ICT for 2 years. Since i have been into UK before Apr'2011, is there any chances that i can change my job or convert my Visa to Tier 2 General?
Can some one please help me out?
Thanks
Hi Rahulsrahuls wrote:Hi Agastya,
This is surprising to hear as earlier discussions on this forum tend to suggest otherwise. I assume that you would have got some clarification from UKBA that Tier 2 ICT under the Immigration Rules in place before 6 April 2010 can apply within UK to switch to Tier 2 General.
BTW I had to go back to India (in Aug 2011) and apply from Tier 2 General. I enquired UKBA at that time and they told me that you can't apply from within UK to switch to Tier 2 General. My new employer also enquired UKBA and they got the same response and they were given Restricted CoS and really that's what decides whether you can apply from UK or not.
The Immigration rule 245HD still does not mention that it is possible.
Actually I was searching for ILR clock reset because of the same issue as I had to go back and applied for Entry clearance and I came across this thread.
Would you then know if my clock would have got reset as I went back to India and applied for Entry clearance. I came back to UK in Sep 2011 (within 3 weeks) with a Tier 2 general visa.
I read the UKBA website " calculating continuous period in UK" but it is not clear.
Any inputs in this regard would be appreciated.
Thanks
What I understood from your situation is , you should have been able to switch in UK only. I dont know what were the rules at that time.rahuls wrote:No response ....?? Seniors please advice..
1) noUK2010R wrote:I came to UK after 06th April 2010 but before 06th April 2011 in T2 (ICT) Establish Stuff Visa. After reading the entire comments here I have few clarifications
1) Can I apply for Indefinite Leave to Remain with my current visa status i.e. T2 (ICT) Establish Stuff once I completed my 5 years in UK? If not
2) Do I need to change my visa status to T2 General so that I can file Indefinite Leave once I completed my 5 years in UK? Also do I need to go to my home country to change my Visa as well? or I can do it from UK itsel
Your time spent as a Tier 2 ICT migrant will not count because it doesn't include a period of leave granted under the rules in place before 6 April 2010.UK2010R wrote:Thanks a lot for the clarification. However on the 2nd Point I would like to know if my understanding is correct. As you said "If you switch, your time under T2G will count towards the 5 years required for ILR" dose that whatever the time I spent in UK on T2 (ICT) will not count on my ILR or it will also count.
rahuls wrote:I was checking the UKBA guidelines for the calculation of five year continuous period and it says that
Longer discretionary absences in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:
• There have been no absences abroad, see calculation of the five year period for settlement, and authorised employment or business in the UK has not been broken by any interruptions of more than three months or amounting to more than six months in total for the whole five year period. Decisions in such cases must be taken at higher executive officer (HEO) level or above, or
Does it mean that my ILR clock would not be reset as my employment was indeed broken as i had to go back to India to apply for my Tier 2 General visa after resigning from here in UK where I was working on Tier 2 ICT but I did come back within 3 weeks.
I request the seniors to please provide your valuable comments