Tier 2 ICT - Tier 2 General; Is ILR possible?

[avipul]

avipul,

Please see page 9 and page 10 of Tier 2 guide (switching into T2G)

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

'Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted entry clearance under the rules in place after
6 April 2011 cannot switch into Tier 2 (General).'

Hi Zoko,
Thanks. But this section lists out the conditions for 'applying from inside UK'. It doesn't mention anything about applying from outside UK or about cooling off period.

[avipul]

[Your comment on #2 seems to indicate that a cooling off period applies if one applies for T2G after T2 ICT. Can you pls point out the link for arriving at this conclusion? As far as I have understood from UKBA site, the cooling off period only applies if one applies for another ICT visa. Here is an excerpt from T2 PBS Guidance (Page 12)-

see Immigration Rule 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Thanks Manci.
So does that mean even my wife (who is on ICT Short term dependant visa) cannot apply for a T2 General visa before a 12 month cooling off period? Effectively, the cooling off period applies for both of us?

[manci]

Re-read 245HB(g)
Your wife is a PBS dependant, not a Tier 2 migrant. Cooling-off doesn't apply to her

[SamP]

Hi Gurus

I moved to the UK on Tier 2 ICT Long term Staff in April 2012 - salary around £60 K. My visa is valid till 2015, extendable till 2017. I'm curious if I can move to a more permanent kind of status i.e. Tier 2 General or any other category ? I'm fine with changing my company if required for this - but I want to avoid cooling off outside for the UK . Any suggestions from the experts ?

Thanks
Sam

[parul aggarwal]

Hi Manci,

I am in UK on Tier 2 Long-Term ICT visa since May 5, 2013. This visa is valid until 2016, after which I believe it is extendible for another 2 years. My husband accompanied me on Tier 2 ICT - Long Term Dependent (Staff Partner) visa. He has now got a permanent job here in UK and is working since September 2013 -

1) If his company gets ready to sponsor him, can he switch to Tier 2 General?
2) If yes, can he do so from within UK or will he have to go back to India?
3) From your replies above, I understand that I am not eligible to switch to Tier 2 general even if I change sponsors. If I want to do do, I'll have to serve a cooling off period in India. Is any such cooling off period applicable to my husband if he switches to Tier 2 general
4) Can I switch to his dependent from within UK?
5) Lastly, in case he gets his Tier 2 general, how will the 5 yr period be calculated? When and how will we be eligible to apply for ILR?

Eagerly awaiting your responses

[manci]

Hi Gurus

I moved to the UK on Tier 2 ICT Long term Staff in April 2012 - salary around £60 K. My visa is valid till 2015, extendable till 2017. I'm curious if I can move to a more permanent kind of status i.e. Tier 2 General or any other category ? I'm fine with changing my company if required for this - but I want to avoid cooling off outside for the UK . Any suggestions from the experts ?
unfortunately not possible in a working category unless your employer raises your salary to £152,100
Thanks
Sam

[manci]

Hi Manci,

I am in UK on Tier 2 Long-Term ICT visa since May 5, 2013. This visa is valid until 2016, after which I believe it is extendible for another 2 years. My husband accompanied me on Tier 2 ICT - Long Term Dependent (Staff Partner) visa. He has now got a permanent job here in UK and is working since September 2013 -

1) If his company gets ready to sponsor him, can he switch to Tier 2 General?
2) If yes, can he do so from within UK or will he have to go back to India?
he cannot switch in-country, he would have to apply for entry clearance from India

3) From your replies above, I understand that I am not eligible to switch to Tier 2 general even if I change sponsors. If I want to do do, I'll have to serve a cooling off period in India. Is any such cooling off period applicable to my husband if he switches to Tier 2 general no, because he wasn't a T2 migrant beforehand

4) Can I switch to his dependent from within UK?
yes, you can switch in-country

5) Lastly, in case he gets his Tier 2 general, how will the 5 yr period be calculated? When and how will we be eligible to apply for ILR? his qualifying period will be 5 years from the date he enters the UK on his T2G visa
Eagerly awaiting your responses

[avipul]

Re-read 245HB(g)
Your wife is a PBS dependant, not a Tier 2 migrant. Cooling-off doesn't apply to her

Thanks Manci,
You rock!!

[aruyada]

Hi, I am on a TIER 2 ICT Long Term Visa. I applied for this Visa in Sep 2013 after finishing my Short Term ICT visa in September. I got the Long Term ICT visa but it is valid only till Feb 2014 as the contract of my company was getting over with the client in February 2014. Now a New company wants to hire me for the same role as they got the new contract and ready to Sponsor me the Tier 2 ICT long term Visa. Can i switch my Long term ICT visa to the new company in this case? I haven't used the full term of my Long term Visa.

[manci]

what you suggest is not possible.

The only way you could carry on working in the UK would be if you remained in the employ of the Old Company (your current sponsor) and they contracted with the New Company for the provison of services which you would be seconded to perform at the New Company.

[aruyada]

Thanks Manci for this quick reply.... Just one more question: Is it possible if i go back to India and then apply with a fresh application with a new COS from the new company?

[manci]

Thanks Manci for this quick reply.... Just one more question: Is it possible if i go back to India and then apply with a fresh application with a new COS from the new company?

if you applied for entry clearance from abroad you would be subject to the 12 month cooling-off period

[aruyada]

Thanks for your reply. But this looks very unfair as i have hardly stayed on my UK long term Visa for 6 months and i am denied entry for a year...i haven't even completed the full term of my Long Term Visa...is there any UKBA guideline where it is mentioned?

[manci]

immigration rule 245GB(d) for T2 ICT and immigration rule 245HB(g) for T2G.

Note that it is a condition of T2 ICT to have worked for at least 12 month for the company beforehand

[maaz2u]

Would my 2.11 years spent on ICT be counted for ILR no or wait for 5 yrs on T2 General yes ?

Hi Manci

Can you kindly point out the reference in the UKBA policy or guidelines for the above anwers to question 3 posted above

Thank you

[manci]

immigration rule 245HF(c)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[India_123]

Hi Manci,

I am currently working in UK under Tier 2 ICT established staff visa. I've got an offer to sponsor tier 2 general visa and I've got few questions. It would be great if you could help me with these

1. what are the proof I should verify that my sponsor has done RLMT?
2. My current passport is expiring on start of 2016. for Tier 2 general application, if the sponsorship is given for 3 years, should I apply visa for 3 years or only for 2 years (till my current passport validity)?
3. I am a database developer. in My current PBS (which was issued on feb 2013) the SOC code is 2132. Can I use equivalant new soc code 2136 for tier 2 gen?

Your help is much appreciated. Thanks in advance.

[manci]

Hi Manci,

I am currently working in UK under Tier 2 ICT established staff visa. I've got an offer to sponsor tier 2 general visa and I've got few questions. It would be great if you could help me with these

1. what are the proof I should verify that my sponsor has done RLMT?
the new sponsor can only assign a CoS once they have done the RLMT and they should know this. Ask for a printout of the CoS.

2. My current passport is expiring on start of 2016. for Tier 2 general application, if the sponsorship is given for 3 years, should I apply visa for 3 years or only for 2 years (till my current passport validity)?
3 years.

3. I am a database developer. in My current PBS (which was issued on feb 2013) the SOC code is 2132. Can I use equivalant new soc code 2136 for tier 2 gen?
This is not your choice but your sponsor's. They should use SOC code 2135, 2136 or 2139, whichever is the most appropriate for the job

Your help is much appreciated. Thanks in advance.

[SamP]

Hi Manci

Thanks for your reply. Just a quick follow up please. If my wife gets a job here - salary around £40 -50K,would she be able to change to Tier 2 G visa in-country? Also, can I then change my visa (ie become dependent on her visa), while retaining my current job?

Thanks and Regards

[manci]

Hi Manci

Thanks for your reply. Just a quick follow up please. If my wife gets a job here - salary around £40 -50K,would she be able to change to Tier 2 G visa in-country? Also, can I then change my visa (ie become dependent on her visa), while retaining my current job?

If your wife is on a PBS dependant visa at present she could only change to T2G if she applied from her home country with a restricted CoS (no cooling-off for her). Once she has her T2G leave you could apply in-country to switch to being her dependant and you wouldn't have to change your job.

Thanks and Regards

[SamP]

Thanks Manci. You are very helpful - and knowledgeable.
Keep it up.

[kal6789]

Hi, Could you pls help to understand whether I am eligible for ILR?
- UK 1st Entry Mar 2010 (Tier2 ICT visa valid for 2 years i.e. Mar2012)
- Left UK on Sept 2010 (moved to offshore)
- Applied for new visa from India for same company & same client (entered UK on Mar2011, visa valid for 1 year)
- Extended visa in UK (Tier2 ICT long term) on Mar 2012 for 2 years
- Another extension due in Mar2014
Is it possible for me to apply for ILR in Mar 2015?

[manci]

is it possible to apply for ILR once I am in UK for 5 years with Tier 2 G visa?

yes, it is if you meet all the other requirements

[manci]

@kal6789
in March 2011 why did you apply for a new one year leave when your existing leave was valid until March 2012?

[kal6789]

@kal6789
in March 2011 why did you apply for a new one year leave when your existing leave was valid until March 2012?

Hi Manci, Immigration department in my company was not sure whether I can travel back on same visa or not. To avoid any risk they asked me to apply for new visa.