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Switching from Tier 2 (Intra comp transfer) to Tier2 General

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

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balli
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Joined: Sat Dec 14, 2013 7:43 pm
United Kingdom

Switching from Tier 2 (Intra comp transfer) to Tier2 General

Post by balli » Thu Jan 16, 2014 6:08 pm

My wife has a tier 2 (Intra company transfer) DEPENDENT visa on me. She is working as a software engineer.
Now she got a new job offer where company is willing to sponsor her tier 2 general visa. So she will get her own visa (not dependent on me any more).

I want to know:
1) Can she apply for that visa within UK or she will have to go back to India to apply?
2) Can company sponsor her after joining that company or visa has to be applied before joining the company?

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

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by manci » Thu Jan 16, 2014 8:07 pm

balli wrote:My wife has a tier 2 (Intra company transfer) DEPENDENT visa on me. She is working as a software engineer.
Now she got a new job offer where company is willing to sponsor her tier 2 general visa. So she will get her own visa (not dependent on me any more).

I want to know:
1) Can she apply for that visa within UK or she will have to go back to India to apply?
she will have to apply for entry clearance from India and she will need a restricted CoS


2) Can company sponsor her after joining that company or visa has to be applied before joining the company?
she can work at the company while on the PBS dependant visa. The company can process her CoS either before or after she joins..

databank08
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Posts: 4
Joined: Thu Jan 16, 2014 11:09 pm

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by databank08 » Fri Jan 17, 2014 12:28 am

Hi, Apologies for this long post but I ‘m in very tricky situation as the opportunity I’ve received is dream coming true. I’ll highly appreciate any help in this regard. I did come to UK on other visas prior to below ones, however below two are latest visas those I believe are relevant:

Oct/2011 to Oct-2012 - Tier-2 ICT Short Term Migrant (Expired)
Nov-2012 to Dec-2015 - Tier-2 ICT Long Term Migrant (Current visa)

With total of 14 years of IT experience, I’m permanent employee of an Indian reputed company (since last 7+ years) and as projects manager, I have been working for my company’s client which is a giant company here in the UK via ICT visa. Current onsite assignment has visibility of 4-5 months only.

Now this giant company’s customer (NHS) have invited me to work with them looking at my profile and work. They are very keen and are ready to sponsor visa (I believe Tier-2 is the only option) to get me on board asap.
When I checked below link, particularly section named “Can you switch into Tier 2 (General)?”

http://www.ukba.homeoffice.gov.uk/visas ... igibility/

It clearly indicates that with my current valid ICT LT visa granted in Nov 2012, I can’t apply from within UK and I must go to India and apply from there. Big task!

Question1: With existing valid ICT LT visa, I can surely fly to India to complete above task, BUT once my Tier-2 General visa gets stamped, what happens to my ICT LT visa? And what do I do with my current onsite assignment.

Intention of this exercise: I want to play this very safe. Assuming NHS gives me all supporting docs for applying visa from India, I see two options:

1) Do not resign my current job immediately, stay with current company, take 2-3 weeks leave to go to India, apply for Tier-2 General, get it processed and come back to UK (Not sure on which visa) and then resign, and then join NHS.
a. This way if my T2G doesn’t get stamped I will still have ICT-LT visa with which I can continue my onsite assignment.

2) Resign my current job with my Indian parent company, (obviously lose onsite assignment), serve notice period, go back to India and apply from there. [I’m sure anyone can guess what happens if anything goes wrong].

3) Lose the NHS opportunity, wait for my company to send me back to India in next 6 months of so, check with NHS for any opportunity and then make a fresh T2G application which will not require me to mandatorily resign current job.

Whats your views on this please. I’ll be more than happy if anyone can help me over email as well.
Many thanks in advance.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by physicskate » Fri Jan 17, 2014 12:52 am

[quote="databank08"]
Oct/2011 to Oct-2012 - Tier-2 ICT Short Term Migrant (Expired)
Nov-2012 to Dec-2015 - Tier-2 ICT Long Term Migrant (Current visa)

It clearly indicates that with my current valid ICT LT visa granted in Nov 2012, I can’t apply from within UK and I must go to India and apply from there. Big task!

Question1: With existing valid ICT LT visa, I can surely fly to India to complete above task, BUT once my Tier-2 General visa gets stamped, what happens to my ICT LT visa? And what do I do with my current onsite assignment.

Intention of this exercise: I want to play this very safe. Assuming NHS gives me all supporting docs for applying visa from India, I see two options:

1) Do not resign my current job immediately, stay with current company, take 2-3 weeks leave to go to India, apply for Tier-2 General, get it processed and come back to UK (Not sure on which visa) and then resign, and then join NHS.
a. This way if my T2G doesn’t get stamped I will still have ICT-LT visa with which I can continue my onsite assignment.

2) Resign my current job with my Indian parent company, (obviously lose onsite assignment), serve notice period, go back to India and apply from there. [I’m sure anyone can guess what happens if anything goes wrong].

3) Lose the NHS opportunity, wait for my company to send me back to India in next 6 months of so, check with NHS for any opportunity and then make a fresh T2G application which will not require me to mandatorily resign current job.

[quote]

You would be subject to a 12 month 'cooling off' period where you would not be allowed to apply for entry clearance under Tier 2...

databank08
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Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by databank08 » Fri Jan 17, 2014 10:44 am

Thanks for your reply Kate, much appreciated.
I tried searching for the cooling period details related to my specific scenario and couldn't find it. My bad.

Isn't that the cooling off period is applicable for applying same type of visa? Because when my ICT short term visa finished in Oct 2012, my company couldn't apply again for the same visa due to cooling off restriction and they had to go for different type, which I mean ICT long term.
However regards to eligibility of switching from ICT Long term to Tier-2 I could understand that I've to go back to India and apply from there but in my limited knowledge, I couldn't find any reference that suggests in this case cooling off period applies.
Thanks in advance.

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

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by manci » Fri Jan 17, 2014 12:36 pm

read 245HB(g) re. the cooling-off period for entry clearance applications
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

SachinK
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Posts: 6
Joined: Fri Jan 17, 2014 8:27 pm

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by SachinK » Fri Jan 17, 2014 9:45 pm

Hi,

Can you please help my with my queries?

1. DO am I eligible to switch into tier 2 General category from Tier 2 ICT Visa in coutry my details are as follow ?

As I have continuous visa from 07/2007 onwards as per below details.

T2 (ICT) Long Term Leave To Remain (Extension in UK) 04/11/2013 - 21/10/2014,
T2 (ICT) Long Term Leave To Remain (Extension in UK) 19/11/2012 - 07/10/2013,
T2 (ICT) Established Staff (Extension in UK 31/08/2010 - 29/07/2012,
T2SW Limited Leave to Remain (Extension in UK) 23/07/2009 - 14/08/2010,
Work Permit visa (Applied in India) 16/07/2007 - 16/07/2009,

My stay in UK is as below

Stay in UK : 07/2007 - 09/2010
Long absences from the UK 10/2010 -10/2011 (380 Days) but was holding valid Visa
Come back UK 10/2011 - current date (On existing visa)

During the gap period i had worked in Offshore, India with the same company.

Now I have got new employer who want to Sponsor my new Tier 2 General Visa, so am I allowed to switch with in country?

2. If switching is not allowed in country, Do I have to go back to India and apply from there immediately? Or I have to through cooling off period of 12 months?

Please let me know if you need any additional information from my side.

Your help will be really appreciated.


Regards,
SachinK

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by manci » Sat Jan 18, 2014 10:50 am

@ SachinK
you are eligible to switch from T2 ICT to T2G in-country

SachinK
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Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by SachinK » Sat Jan 18, 2014 3:18 pm

Hi Manci,

Thanks a lot for your quick response. This is really a good news for me.

I have one more query, Will my stay on T2 ICT from 10/2011 when I came back after long gap be considered towards my ILR?

Thank again for you timely help.

Regards,
Sachin

bobby1979
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Joined: Sat Jan 18, 2014 11:42 pm

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by bobby1979 » Sun Jan 19, 2014 12:13 am

Can you please help my with my queries?

My TIER2 ICT (MIGRANT) visa is issue on April 5th 2010 and came to UK on May 1 2010.
I left UK Feb 27th 2011 and after 10 months again came back to UK on same TIER2 ICT visa on JAN 16th 2012.TIER2 ICT visa is extended in UK in April 2012 and valid till April 2014. I am staying continuesly from Jan 2012 to till date.My Tier2 ICT is going to expire on April 2014..My TIER2 ICT sponsor will not process ILR so ..Before expire my visa..

I would like to know if i am able to switch to TIER2 ICT to TIER2 GENERAL without leaving UK?

Am I eligible for ILR even after i switch to TIER2 GENERAL?
If i am eligible to ILR under TIER2 GENERAL,when can i apply for ILR i mean my TIER2 ICT is counts 5 years period for ILR?

Thanks
Bobby.

manci
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Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by manci » Sun Jan 19, 2014 7:50 am

@bobby1979
please don't do duplicate posts and continue in the other thread
http://www.immigrationboards.com/uk-tie ... 45634.html

SachinK
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Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by SachinK » Sun Jan 19, 2014 12:27 pm

Hi Manci,

I found answer of my second query about ILR in your answer posted for @bobby1979.

Thanks again.

Warm Regards,
Sachin

balli
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Joined: Sat Dec 14, 2013 7:43 pm
United Kingdom

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by balli » Mon Jan 27, 2014 8:50 pm

Hi Manci,

Thanks for the reply.

New employer did talk to their immigration adviser. Adviser says if She join the company and company immediately apply for her visa it will not be taken positively at Home Office.

My wife advised if this is an issue can she join as contractor? She will remain employee of existing Umbrella Company while new company is processing visa. But their adviser says will be same problem, irrespective to working as permanent employee or contractor.

Is this really a problem or look like their adviser don't have enough knowledge?

How home office will say she is working for new company when she is still employee of existing umbrella company? Is there any question being asked in COS or Visa application that express this link?

Thanks
manci wrote:
balli wrote:My wife has a tier 2 (Intra company transfer) DEPENDENT visa on me. She is working as a software engineer.
Now she got a new job offer where company is willing to sponsor her tier 2 general visa. So she will get her own visa (not dependent on me any more).

I want to know:
1) Can she apply for that visa within UK or she will have to go back to India to apply?
she will have to apply for entry clearance from India and she will need a restricted CoS


2) Can company sponsor her after joining that company or visa has to be applied before joining the company?
she can work at the company while on the PBS dependant visa. The company can process her CoS either before or after she joins..

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

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by manci » Mon Jan 27, 2014 9:18 pm

@balli
I cannot see why your wife couldn't join the company whilst on her PBS dependant visa, then the company does a RLMT and provided there is no suitable candidate in the settled workforce, they apply for a restricted CoS for her. Once this is granted and she has been assigned the CoS she returns to home country and applies for T2G entry clearance from there.

databank08
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Joined: Thu Jan 16, 2014 11:09 pm

Re: Switching from Tier 2 (Intra comp transfer) to Tier2 Gen

Post by databank08 » Sun Mar 30, 2014 7:54 pm

Hi,
Is there any hope in coming year for T2 ICT holders to be able to switch to T2 Gen or ANY other category to work in the UK independently? I've 3 employers running behind me with offer as my skillset is highly required by NHS domain.

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