ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ICT to T2 General and ILR questions

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
lzylqy2000
Newly Registered
Posts: 12
Joined: Tue Jan 15, 2013 10:20 pm

ICT to T2 General and ILR questions

Post by lzylqy2000 » Tue Jan 15, 2013 10:30 pm

Got two questions. Any thoughts will be much appreicated.

Entered the UK in June 08 on a work permit (ICT - sub category).

Extended it in Feb 11 and was issued a Tier 2 (ICT Established Staff). Visa valid until June 13.

I am now considering changing job. My questions are

1. I think I can switch to Tier 2 visa (General) in the country as my Tier 2 (ICT Established Staff) was issued before April 11. Is it correct?

2. If I can switch to Tier 2 general, will the 5-year continuous stay period be calculated from the date when I entered the UK as a work permit holder in June 08?

Rule 245HF(c) says "The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 Migrant, in any combination of the following categories:

(iii) as a Qualifying Work Permit Holder,
(ix) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
(x) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company transfer."

So my stay between June 2008 and Feb 2011 will qualify as the period described in (iii) above. My stay between Feb 2011 and the ceasation of my current employment will qualify as the period described in (x)(2) above. My stay between the start of my new employment and June 2013 will qualify as the period described in (ix) above.

Is my reading correct?

Further, if I switch now and the application process takes two months, does that mean I will be issued a Tier 2 General visa valid only for three months as in June I can apply for ILR? Will UKBA accept this?

lzylqy2000
Newly Registered
Posts: 12
Joined: Tue Jan 15, 2013 10:20 pm

Post by lzylqy2000 » Fri Jan 18, 2013 7:58 pm

Anyone can help the above mentioned questions?

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

Post by manci » Fri Jan 18, 2013 9:54 pm

1. yes
2. yes
if your application to switch to T2G is successful your new leave wil be 3 years or to the work end date in the CoS if that is earlier.

lzylqy2000
Newly Registered
Posts: 12
Joined: Tue Jan 15, 2013 10:20 pm

Post by lzylqy2000 » Fri Jan 18, 2013 9:59 pm

Thanks a lot. Does that mean that I can apply for ILR only 3 months after I receive my new T2G even though my new T2G has a term of 3 years?

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

Post by manci » Sat Jan 19, 2013 7:29 am

lzylqy2000 wrote:Thanks a lot. Does that mean that I can apply for ILR only 3 months after I receive my new T2G even though my new T2G has a term of 3 years?
you can apply for ILR from the time you are eligible even if your leave at the time has a long time to run

Locked