Tier 2 ICT Long Term Staff Partner to Tier 2 General

v2kisad · Post by **v2kisad** » Tue Nov 12, 2013 12:12 pm

Hi All,

I'm currently living in UK on a Tier 2 ICT Long Term Staff Partner visa valid till October 2015. Currently I am working in an IT company. My personal situation might change soon as my wife and I are considering separation.

We are both Indians and as such we would have to file for divorce from India. From the little i know or have heard it takes quite a bit of time in India by the court,even if its by mutual consent.Sometimes it may take a year.

In the meantime can i do any the below to continue to stay and work in UK.

1. Can i continue to stay and work in UK during separation period till my visa expires.
2.If my current employer is willing to sponsor me can i switch to another category of visa, say Tier 2 General or Tier 2 Sponsored.
3.If answer to the second question is affirmative. Can i apply for the visa from within UK and is there a minimum salary cap.

I'm in a lot of stress.please help me with the answers.

Thank You

Post by **manci** » Tue Nov 12, 2013 1:04 pm

1
you are married until divorced.
http://www.immigrationboards.com/viewto ... ecree+nisi
2,3
you can be sponsored under Tier 2 General by your current employer. You will need a restricted CoS and have to apply from India. Check the min. salary for the job SOC code here:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

v2kisad · Post by **v2kisad** » Tue Nov 12, 2013 1:41 pm

Thank you for the speedy reply Manci. I was unable to find my job title in the second link however i believe my current salary will meet the minimum requirements. But applying from India is not a ideal situation as my company may not see it as a good option.

Just curious , can another company sponsor me & can i change jobs in a restricted CoS Tier 2 General visa, if i do manage to get it.

Anyways I can only pray and hope things will turn out to be better.

Thank you

Post by **manci** » Tue Nov 12, 2013 3:06 pm

v2kisad wrote:Thank you for the speedy reply Manci. I was unable to find my job title in the second link however i believe my current salary will meet the minimum requirements. But applying from India is not a ideal situation as my company may not see it as a good option.
the job titles don't have to match, you have to choose the job description that is the nearest to what you actually do (and it should be a NQF level 6 job)

Just curious , can another company sponsor me
any company with a sponsor licence can sponsor you

& can i change jobs in a restricted CoS Tier 2 General visa, if i do manage to get it.
you can change employment under Ter 2 General

Anyways I can only pray and hope things will turn out to be better.
hope they do
Thank you

v2kisad · Post by **v2kisad** » Tue Nov 12, 2013 4:09 pm

Thank you Manci. Appreciate your kind words.

v2kisad · Post by **v2kisad** » Tue Nov 12, 2013 4:12 pm

My Apologies but a quick one please....If i change job in Tier 2 General will i need to reapply for sponsorship again.

As I'm under the impression that in my present Tier 2 Staff Partner visa i can change jobs without the need of another visa.

v2kisad · Post by **v2kisad** » Thu Nov 14, 2013 12:37 pm

I spoke to my company today and explained my situation to them. My Boss was understanding and is willing to sponsor me subject to management approval. However he doesn't want me to get tied to one company for 5 yrs. Also he mentioned that the time i spend in UK on a sponsored visa will not count towards citizenship.Therefore he wants me to find out and explore other visa options before the sponsored one.

1.Now from what i have read,my only option is Tier 2 General and if i try to change jobs i'l have to request the new company to sponsor me.

2.I don't think i have any option in visa in which i can ever apply for permanent residency anymore.

3. Does a cooling period apply if and when i do apply for my Tier 2 General Visa. I mean for how long will i have to be India for the visa application.

Please help me clear these doubts.
Thank you for being supportive.

Post by **manci** » Thu Nov 14, 2013 5:38 pm

v2kisad wrote:I spoke to my company today and explained my situation to them. My Boss was understanding and is willing to sponsor me subject to management approval. However he doesn't want me to get tied to one company for 5 yrs. Also he mentioned that the time i spend in UK on a sponsored visa will not count towards citizenship.Therefore he wants me to find out and explore other visa options before the sponsored one.

1.Now from what i have read,my only option is Tier 2 General and if i try to change jobs i'l have to request the new company to sponsor me. When you are on T2G and want to change employment you will need a new CoS

2.I don't think i have any option in visa in which i can ever apply for permanent residency anymore. if you get a T2G visa you will be eligible to apply for ILR after 5 years continuous and lawful residence in the UK

3. Does a cooling period apply if and when i do apply for my Tier 2 General Visa. I mean for how long will i have to be India for the visa application.No cooling off when you apply for T2G entry clearance and your previous leave was PBS dependant
Please help me clear these doubts.
Thank you for being supportive.

v2kisad · Post by **v2kisad** » Thu Nov 14, 2013 6:42 pm

Manci,thank you a million times for answering my questions.

On my Boss's suggestion i had spoken to a couple of other guys in office who have switched visa category. One of them mentioned that when i apply for Tier 2 (G) i have to be in India for at least 8-12 weeks ,as this is the standard visa processing time.If this is true i would have to convince my company to wait for me that long.

Another thing he said ,though he wasn't sure was that i would get only 1yr visa if i apply Tier 2 (G) from India.

Lastly it seems my company has two licenses , i guess that's equivalent to the number of person they can sponsor. So at the moment there are two people already working in the company on sponsored visa. Does that mean that they cant sponsor me , a third candidate.

Post by **manci** » Thu Nov 14, 2013 8:45 pm

v2kisad wrote:Manci,thank you a million times for answering my questions.

On my Boss's suggestion i had spoken to a couple of other guys in office who have switched visa category. One of them mentioned that when i apply for Tier 2 (G) i have to be in India for at least 8-12 weeks ,as this is the standard visa processing time.If this is true i would have to convince my company to wait for me that long. See this link for visa processing times:
http://www.ukba.homeoffice.gov.uk/visas ... ableAnchor

Another thing he said ,though he wasn't sure was that i would get only 1yr visa if i apply Tier 2 (G) from India. The period of grant will be 3 years or the period given in the CoS whichever is shorter

Lastly it seems my company has two licenses , i guess that's equivalent to the number of person they can sponsor. So at the moment there are two people already working in the company on sponsored visa. Does that mean that they cant sponsor me , a third candidate. No, they just have to apply for a restricted CoS

v2kisad · Post by **v2kisad** » Fri Nov 15, 2013 3:46 pm

Thanks again Manci. Probably my last question.
Its been only a month since i have started working in UK and this is my first job and company. My colleagues are telling me that i need to wait six months before applying for the visa as i would need to provide 6 months salary slip. Is this correct.

Post by **manci** » Fri Nov 15, 2013 6:17 pm

v2kisad wrote:Thanks again Manci. Probably my last question.
Its been only a month since i have started working in UK and this is my first job and company. My colleagues are telling me that i need to wait six months before applying for the visa as i would need to provide 6 months salary slip. Is this correct.
No, your employment in the UK as a PBS dependant is irrelevant to your eventual T2G entry clearace application. As soon as you have the CoS you can apply for T2G entry learance and you don't need any payslips.

v2kisad · Post by **v2kisad** » Wed Nov 20, 2013 9:49 am

Thanks again Manci

v2kisad · Post by **v2kisad** » Wed Nov 20, 2013 3:51 pm

I came across maintenance (funds) criteria while i was checking my points eligibility on the UKBA website today.

Unfortunately i don't have £900 in my Bank account for 90 consecutive days.

However I have a rented flat in London with a valid agreement till end of April 2014 (my wife's name is also in the agreement) and i have been paying council tax etc.
As such I don't need anyone's support to accommodate me or maintain my expenses until the end of the first month.

Will this be a problem for my application of Tier 2 (G) visa

v2kisad · Post by **v2kisad** » Fri Nov 22, 2013 11:45 am

i need to finish my probation period of 6 months before i can apply.

can someone please confirm if i will need to maintain £900 in my Bank account for 90 consecutive days as maintenance fund when i apply.

Post by **manci** » Fri Nov 22, 2013 12:08 pm

you will either have to show £900 for 90 days or your sponsor can certify maintenanc in the CoS in which case you don't have to show any funds at all.

Certification of maintenance by the sponsor is just ticking a box when they assign the CoS and it doesn't involve any actual expedture on their part, it is merely a guarantee that they will maintain you for 1 month if required.

Your flat rental agreement doesn't count for maintenance

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Tier 2 ICT Long Term Staff Partner to Tier 2 General

Tier 2 ICT Long Term Staff Partner to Tier 2 General