VERY URGENT -Switching from TIER 2 (ICT) to TIER 2 (General)

spdp_UK · Post by **spdp_UK** » Thu Sep 20, 2012 8:58 pm

My Situation:

I am in Tier 2 (ICT) in UK since July 2009. I now have an offer from another company and planning to move to the company under Tier 2 (General).

The company was unsure if such a move is possible considering the new rules on the cooling off period.

I checked the UKBA site and it mentions that the cooling off also applies to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012...

Does it mean that I cannot switch to Tier 2 General?? Manci or others ..Could you kindly respond to the query urgently....

Snippet from UKBA site :

'the 12 month ‘cooling off’ period will apply to any Tier 2 migrant who leaves the UK and applies for entry clearance on or after 6 April 2012, regardless of when their previous leave was granted. It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012'

Post by **manci** » Fri Sep 21, 2012 9:46 am

Since your leave was granted under the rules in place before April 2010 you are allowed to switch from T2 ICT to T2G provided you change sponsor. See the T2 Policy Guidance, para 16 (the table):
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

If your new employer wants to have this confirmed ask them to ring 0300 123 4699 (UKBA employer halpline)

Check that the new employer has a sponsor licence and an available allocation. They must carry out a resident labour market test unless an exemption applies (takes 28 days) and the job must be at level NQF6 with the salary at least what is stated in the codes of practice for the appropriate SOC code.

Don't give notice until the (unrestricted) CoS has been assigned to you.

spdp_UK · Post by **spdp_UK** » Fri Sep 21, 2012 12:35 pm

Manci, Many Thanks for your update. This really helps.I will share the information with the employer.

So does this means that the below statement on the cooling off period is over-ridden by the para 16 clause or am I interpreting the below statement incorrectly

"It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012"

Also do you have any info on how long it takes for the application processing for switching to Tier 2(general) from Tier 2(ICT)

Post by **manci** » Fri Sep 21, 2012 1:28 pm

spdp_UK wrote:am I interpreting the below statement incorrectly?

"It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012"
You will remain in Tier 2 and will just be switching in-country to a different sub-category.

Also do you have any info on how long it takes for the application processing for switching to Tier 2(general) from Tier 2(ICT)
http://www.immigrationboards.com/viewto ... &start=160

spdp_UK · Post by **spdp_UK** » Fri Sep 21, 2012 3:54 pm

Manci, Thanks for your quick response again.

I guess, I was misinterpreting the statement below as I read it as switching out of Tier2(ICT) and reapplying to Tier 2(General)

"It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012"

I also looked into the link you shared on the timeline for the switch, but couldn't come across a single person who have actually made a switch from Tier2(ICT) to Tier 2(General). Have you come across any such candidate on this forum? Will definitely boost my confidence to see atleast one such candidate.

Another query which I had - Is it possible for me to continue with my current employer under Tier 2 (ICT) and only submit my resignation once I have the Tier2(General) Visa approved from HO.

Post by **manci** » Fri Sep 21, 2012 7:07 pm

spdp_UK wrote:Manci, Thanks for your quick response again.

I guess, I was misinterpreting the statement below as I read it as switching out of Tier2(ICT) and reapplying to Tier 2(General)

"It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012" what UKBA document does this quote come from?

I also looked into the link you shared on the timeline for the switch, but couldn't come across a single person who have actually made a switch from Tier2(ICT) to Tier 2(General). Have you come across any such candidate on this forum? Will definitely boost my confidence to see atleast one such candidate. you need to search the forum but the timelines in the link are a good guide

Another query which I had - Is it possible for me to continue with my current employer under Tier 2 (ICT) and only submit my resignation once I have the Tier2(General) Visa approved from HO. not only is it possible but it is essential that you do so

. [/b]

spdp_UK · Post by **spdp_UK** » Sat Sep 22, 2012 12:17 pm

manci wrote:
spdp_UK wrote:Manci, Thanks for your quick response again.

I guess, I was misinterpreting the statement below as I read it as switching out of Tier2(ICT) and reapplying to Tier 2(General)

"It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012" what UKBA document does this quote come from?

Manci, I was referring to the Homeoffice publication for the changes to Tier , Tier 2 and Tier 5. link -->http://www.homeoffice.gov.uk/publicatio ... iew=Binary Refer Page 4.
But my interpretation was incorrect as it will straight contradict with the para 16 clause and no one will be able to migrate within Tier 2 without a cooling off period.

I also looked into the link you shared on the timeline for the switch, but couldn't come across a single person who have actually made a switch from Tier2(ICT) to Tier 2(General). Have you come across any such candidate on this forum? Will definitely boost my confidence to see atleast one such candidate. you need to search the forum but the timelines in the link are a good guide

Another query which I had - Is it possible for me to continue with my current employer under Tier 2 (ICT) and only submit my resignation once I have the Tier2(General) Visa approved from HO. not only is it possible but it is essential that you do so

Thanks for the advise. My company has a 1 month notice period policy, so if I submit my resignation after getting the Tier2(General) Visa approved from HO, I have to stay atleast 1 month with my current company.
Will this cause any issue as Technically that time I will be having the sponsorship and Tier 2 Gen Visa from the new company.

Post by **manci** » Sat Sep 22, 2012 4:07 pm

spdp_UK wrote:
manci wrote:
spdp_UK wrote:Manci, Thanks for your quick response again.

I guess, I was misinterpreting the statement below as I read it as switching out of Tier2(ICT) and reapplying to Tier 2(General)

"It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012" what UKBA document does this quote come from?

Manci, I was referring to the Homeoffice publication for the changes to Tier , Tier 2 and Tier 5. link -->http://www.homeoffice.gov.uk/publicatio ... iew=Binary Refer Page 4.
But my interpretation was incorrect as it will straight contradict with the para 16 clause and no one will be able to migrate within Tier 2 without a cooling off period.
the quote is from the February 2012 Statement of Intent and it doesn't apply to you. I haven't come across it in this form in current UKBA documents. The rules change frequently and one should always look at the most recent set.

I also looked into the link you shared on the timeline for the switch, but couldn't come across a single person who have actually made a switch from Tier2(ICT) to Tier 2(General). Have you come across any such candidate on this forum? Will definitely boost my confidence to see atleast one such candidate. you need to search the forum but the timelines in the link are a good guide

Another query which I had - Is it possible for me to continue with my current employer under Tier 2 (ICT) and only submit my resignation once I have the Tier2(General) Visa approved from HO. not only is it possible but it is essential that you do so

Thanks for the advise. My company has a 1 month notice period policy, so if I submit my resignation after getting the Tier2(General) Visa approved from HO, I have to stay atleast 1 month with my current company.
Will this cause any issue as Technically that time I will be having the sponsorship and Tier 2 Gen Visa from the new company.

no issues here. The work start date in your new CoS should ideally be the day following the termination date in your current job. Once you have the new CoS apply for leave to remain and only when you receive UKBA's approval of the application should you resign. In your situation it would be best to apply at a PEO (not easy to get appointments) because postal application can take an uncertain length of time. The start and termination dates will need some fine tuning.

spdp_UK · Post by **spdp_UK** » Sat Sep 22, 2012 9:40 pm

Manci, thanks for your timely update.

I was very keen to understand if any one has successfully switched from Tier 2 ICT to Gen and how long did it actually take for the switch?

The prospective employer can only apply for tier 2 gen 3 months before the joining date and considering 1 month as the notice period with current employer.....in the best case scenario the max time in which the visa processing should happen is 2 months...huh!!!

Post by **manci** » Sun Sep 23, 2012 7:26 am

Example:
new job start date 3 January;
new employer asssigns CoS 3 October;
If you are sure the CoS will be assigned you can make PEO appointment even now, ahead of the assignment date;
say, you get an appointment for 22 October
http://www.ukba.homeoffice.gov.uk/about ... pointment/;
Assuming the application at the PEO is successful you will probably get the approval letter within 2 weeks, say, on 5 November;
you then have nearly one month before you need to hand in your resignation on 3 December.

spdp_UK · Post by **spdp_UK** » Sun Sep 23, 2012 8:52 am

I wish the story with the prospective employer was that clear...its now become more like a chicken egg story with the query about the visa...But I think I have got the drift of what you are trying to say.......

Lets see how the visa appl progress...In the mean time if any one switches from tier 2 ict to gen....do post here....

Manci...You have been a tremendous help....Thank you so much...

spdp_UK · Post by **spdp_UK** » Sun Sep 23, 2012 12:29 pm

Manci,

Will the clock for the ILR restrart if I switch to Tier 2 Gen now? As per 245HF it shouldn't but thought of taking your expert view.

I am in Tier 2 (ICT) in UK since July 2009 and would be eligible for ILR in July 2014.....

Post by **manci** » Sun Sep 23, 2012 12:44 pm

spdp_UK wrote:Manci,

Will the clock for the ILR restrart if I switch to Tier 2 Gen now? As per 245HF it shouldn't but thought of taking your expert view. no, it wouldn't restart
I am in Tier 2 (ICT) in UK since July 2009 and would be eligible for ILR in July 2014.....

spdp_UK · Post by **spdp_UK** » Sun Sep 23, 2012 2:00 pm

Thanks again Manci..

Crofter · Post by **Crofter** » Mon Sep 24, 2012 10:13 am

[quote=
Another query which I had - Is it possible for me to continue with my current employer under Tier 2 (ICT) and only submit my resignation once I have the Tier2(General) Visa approved from HO. not only is it possible but it is essential that you do so[/quote]. [/b][/quote]

I do not have sufficient knowledge with regard to ICT to T2G changeover. But I can assure you and others who have this doubt that whether to resign or not after applying for change of employment visa that they SHOULD NOT resign till they are in receipt of either BRP or UKBA acknowledgement letter that their application has been successful.

The only way for you to find out whether your application has been successful or not is through mentioned two evidences so you should wait and once receive either the BRP or the letter then give your notice period, be it one or three months. This time will be taken as 'transitional period' with no effect on your current immigration status or future ILR application.

Resigning before even defies logic as well

Enjoy,

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VERY URGENT -Switching from TIER 2 (ICT) to TIER 2 (General)

VERY URGENT -Switching from TIER 2 (ICT) to TIER 2 (General)

VERY URGENT -Switching from TIER 2 (ICT) to TIER 2 (General)

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