Tier 2 ICT to Tier 2 General

[IndianatUK]

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

[Agastya80]

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

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:
Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor


http://www.ukba.homeoffice.gov.uk/visas ... /applying/#

[rahuls]

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

[Agastya80]

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

Hi Rahuls

Switching from tier 2 ict to tier 2 general route was closed last year for many months but later on was re-opened again in Nov'11. I did enquire directly from the UKBA and they confirmed that it was allowed after Nov'11 for two tier 2 ict visa categories i.e. before april2010 and established staff.

http://www.immigrationboards.com/viewto ... 8&start=60

I am not sure about ILR clock reset but in this forum I've read somewhere a post that if you come back within 2 or 3 months then your ILR clock won't be reset. That said I've not been able to verify/validate this as yet. I hope moderators will clarify on this matter.

[rahuls]

Could moderators please comment?

To summarize, I switched from Tier 2 (ICT) to Tier 2 General in Aug2011 but I had to go to India and apply for the Entry Clearance again rather than Leave to remain. I came back in 3 weeks time with Tier 2 General visa. Now does this reset my clock for the ILR?

Any inputs are appreciated.

[rahuls]

Hi Seniors/Moderators,

Could you please respond to my query (posted in my first message in this chain)?

I spoke to couple of visa consultants regarding this issue but did not get any clear response.

Please provide your valuable inputs.

Thanks
rahul

[rahuls]

can seniors please provide their valuable suggestions to my query

[rahuls]

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

[rahuls]

No response ....?? Seniors please advice..

[rr_ga]

My case was also the same as above.

[srnayak07]

No response ....?? Seniors please advice..

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.

However as of today the rule of T2 ICT to T2 Gen switch says:

1) If you got T2 ICT before 6 apr 2010 - you are eigible
2) If you got T2 ICT Long term staff - before 6 apr 2011 - you are eligible

Regards
Nayak

[UK2010R]

Hi

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 itself

Pls suggest.
Thanks

[manci]

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

1) no
2) you can switch to Tier 2 General in-country but only if you change sponsors. If you switch your time under T2G will count towards the 5 years required for ILR.

[UK2010R]

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.

Pls clarify.

[manci]

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.

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.

See Immigration Rule 245HF

[Rajuk09]

Can some one help on my question please
http://immigrationboards.com/viewtopic.php?t=109307

Kind regards
Raj

[rahuls]

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

Hi Manci,

Could you please respond to my query quoted above? I have been requesting for a response for quite some time but not able to attract the attention of senior members?

Your opinion in this regard would be highly appreciated.

Thanks

[manci]

Difficult to answer definitively.

It is not a question of the 3 weeks absence when you went abroad to obtain T2G entry clearance, which is well within the limit, but the fact that technically continuity has been broken.

I think under the circumstances discretion will need to be relied upon and when the time comes you should write a letter with your application making out a case for the ILR to be granted. Gather all information about the situation in 2011 when the rules changed incl. UKBA's mistake in the policy guidance document at the time, if relevant. Refer to the various topics quoted above.

I expect you had Tier2 ICT leave before 6 April 2010 which is a condition for the T2 ICT leave to be aggregated with the T2G leave that you have at present.

[rahuls]

Thanks a lot for the response Manci.

Yes I had Tier2 ICT leave before 6 April 2010.

You have mentioned that "technically continuity has been broken". By this do you mean the "continuity in employment" or "continuity in residence". If it is former then how is it different from break in employment in UK in which case 60 day period is allowed. If it is latter then in that case discretion should be allowed as per the clause I have referred from the UKBA guidance of "calculating continuous period in UK", copying again (the statements highlighted in red color is applicable in my case)

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
• There have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the UK. No single absence abroad must be for more than three months at a time and any periods of long absence must not total more than six months. If the example is work related, evidence will need to be submitted to show that it would have serious implications for the employer or business if the travel had not been undertaken. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of a senior executive officer (SEO) or Grade 7.
This discretion only applies where the continuity of residence has been broken due to absences abroad.It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the five years.

Please give your valuable comments.

Thanks

[manci]

What in my view has technically been broken is continuity of residence because you applied for T2G entry clearance from abroad.

As you can see from what you quoted in cases where continuity of residence has been broken discretion is needed for the grant of ILR

When the time comes to make your ILR application try to exploit the fact that for a period last year the rules were such that you were forced to travel abroad in order to change from T2 ICT to T2G. This is no longer the case.

The essence of the requirement for 5 years continuous residence is being based in the UK which you can demonstrate by, among other things, having maiintained accommodation.

It wouldn't do any harm to write to UKBA to try to clarify if under the circumstances your time as T2 ICT can be aggregated with time as T2G migrant for ILR purposes.

[nit]

Hi,

I came to UK in March 2009 under ICT (Work Permit) and extended my VISA in November 2009 (ICT ).The last extension was on October 2011 (ICT long term ) and VISA is valid until Jan 2014.The total time spent in UK will be therefore 4 yrs 9 months when my current VISA expires.Can i extend my stay for one more year in order to apply for ILR.
Thanks in Advance

Thanks,
Athvi.

[rahuls]

Hi Manci,

I checked the Calculating Continuous Period section on UKBA and found that it has been updated with the following

The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period, or
 applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with new entry clearance.

If you remember on this chain I discussed my case where I had to leave the UK to switch to Tier 2 general from Tier 2 ICT. I came back within 3 weeks. I think after this new clause I can be assured that the period I spent on Tier 2 ICT will be counted towards 5 years continuous period.

Please provide your inputs.

Thanks