Apr 14 Change in Rules - Switching from T2 ICT to T2G

[manci]

Hi All

I am not quite aware what's current rule, but one of my friend who has come to UK in Sep-2010 on Tier2-ICT (from India) has found one sponsor. I guess he is not eligible for ILR, so if he can switch to Tier-2-Gen with new sponsor in UK , he can be eligible for ILR after 5 years.
no, he will not be eligible for ILR because if he switches he can only get leave to remain until Sept 2016

Another query, Can he switch from Tier-2-ICT to Tier-2-Gen with in UK OR he has to go back India to apply for Tier-2-Gen ?
he can switch in-country

Thanks for any help.

Ali.

[AliAla]

Many thanks Manci.

Fine so he can get Tier-2-Gen Visa till 2016 with in country.
Is there any restriction where he can't get that extended further ? I am in an impression that when he will move to Tier-2-Gen, down the line of 5 years he can go for ILR.

Thanks a lot.

Ali

[manci]

Many thanks Manci.

Fine so he can get Tier-2-Gen Visa till 2016 with in country.
Is there any restriction where he can't get that extended further ? I am in an impression that when he will move to Tier-2-Gen, down the line of 5 years he can go for ILR.
he will not be able to extend beyond Sept 2016 therefore he will not be able to complete 5 years on T2G which would be required for ILR.

Thanks a lot.

Ali

[sachin40200]

Hi Manchi,

Thanks for your response.


Can you please let me know whether point based caliculation sheet has to be submitted to UKBA when shifting from Tier 2 ICT(taken before 6th april 2010) to Tier 2 Genral(Switching immigration category)!!

Also, let me know the doucments need to be submitted by migrant, dependent partner!!

Regards,
Sachin

[manci]

Hi Manchi,

Thanks for your response.


Can you please let me know whether point based caliculation sheet has to be submitted to UKBA when shifting from Tier 2 ICT(taken before 6th april 2010) to Tier 2 Genral(Switching immigration category)!!
no
Also, let me know the doucments need to be submitted by migrant, dependent partner!!
search the forum, there are lots of posts
Regards,
Sachin

[AliAla]

Many thanks Manci.

Fine so he can get Tier-2-Gen Visa till 2016 with in country.
Is there any restriction where he can't get that extended further ? I am in an impression that when he will move to Tier-2-Gen, down the line of 5 years he can go for ILR.
he will not be able to extend beyond Sept 2016 therefore he will not be able to complete 5 years on T2G which would be required for ILR.

Thanks a lot.

Ali

Thanks Manci, this is really helpful.
Sorry I am not much aware about any new rule (if there is any), I was in impression that he can be on Tier-2-Gen for next 5 year and can go for ILR. After 2016, Is there any way he can continue working in UK in any Visa category (if not on Tier-2-Gen) ?

Thanks Manci for all your help in this forum, your inputs are making easy life for millions.

Ali

[sachin40200]

hi Manchi,

when filling the Tier 2 General (Swiching Imm category) application, there is an option to choose the reason for immigration. It has been displayed as "current leave to remain expires soon", "current leave to remain expired" and "none of this".

If I am migrating from Tier 2 ICT to Tier 2 General where current ICT visa is valid till March 2016, which option do I need to choose while filling the application.


Also, while filling the PBS dependnet application, there is an option by stating "whether your partner stayed with you througout the period". Actually, her visa is extended in UK along with me every time. However, she had been to india for 1 yrs for conceving. please let me know shall I choose YES or NO. Simlary, my kid born in INDIA and been to UK after 6 months of his born. He is styaing withe continously after that. Please suggest which option needs to be chosen for him as well.

Regards,
Sachin

[ravi_ei]

Hi Manci,

April 2014 changes for Tier 2ICT to general has following conditions on grant of 6 year duration:

245HE. Period and conditions of grant
(a) Leave to remain will be granted for whichever of the following is the shortest:
(i) the length of the period of engagement plus 14 days,
(ii) 5 years if the applicant is applying as a Tier 2 (General) Migrant, or
(iii) 3 years if the applicant is applying as a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
(iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant, and 6 years.
If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.
(b) The 6 year restriction set out in (a)(iv) will not apply if the applicant:
(i) previously had leave under the Rules in place before 6 April 2011 as:
(1) a Tier 2 (General) Migrant,
(2) a Tier 2 (Minister of Religion) Migrant,
(3) a Tier 2 (Sportsperson) Migrant,
(4) a Jewish Agency Employee,
(5) a Member of the Operational Ground Staff of an Overseas-owned Airline,
(6) a Minister of Religion, Missionary or Member of a Religious Order,
(7) a Qualifying Work Permit Holder, or
(8) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
and
(ii) has not been granted entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant under the Rules in place from 6 April 2011, and

(iii) has not been granted entry clearance, leave to enter or leave to remain in any other category since the grant of leave referred to in (i) above.

What is the meaning of point (iii), I cant understand what does it mean? Can you explain please?

[manci]

@ravi_ei
as your entry clearance was T2 ICT Established Staff and later you switched to T2G in-country, this doesn't apply to you.

[Sana232]

Hi Manci,

Thanks for your post.

Though queries would be similar to the ones asked previously, would be helpful if you good clarify on my case.

1) My work permit was raised on August 2010, and I have been serving in UK since then. If I convert to Tier 2 general, could you please let me know the duration for which I will be granted the Tier 2 general, and also will I be eligible to apply for ILR after that.
August 2016. Unfortunately you will not be eligible for ILR on the 5 year route because you didn't have T2 ICT leave under the rules before 6 April 2010.


2) If i dont convert to Tier 2general and stay with same visa till 2015 - Aug which means valid 5 years ,am I eligible to apply ILR
no, for the same reason as above

Thanks Manci. Is there any option then for the ILR?

[SPW001]

I relocated to the UK from the US on a Tier 2 ICT in June 2011 just missing the April 2011 application cut off date to be able to change to an Tier 2 General. I am interested in finding a possible option to remain in the UK and qualify for a long term residency or some sort of VISA that I and my family may remain.

I am open to ideas and recommendations, what I have read is confusing and I do not see any options without a cooling off period.

As my Wife and I are from the US and she is listed as my dependant is there an option for her to have a sponsor and be able to apply for a Tier 2 General Visa and then once she is granted a VISA I am able to be listed as her dependant?

Thank you in advance for your time and support on this subject.

SW's

[manci]

@SPW001
Provided you continue to be sponsored you can remain in the UK on the T2 ICT visa until 2016 (5 years from your initial 2011 entry clearance).
If your wife finds a sponsor she can apply for T2G but only from the US. She will have a 6 year cap on her stay in the UK and will be eligible to apply for ILR after 5 years.
Once your wife returns to the UK on her T2G visa you can switch in-country to become her dependant and will be eligible for ILR in 2021 (10 year route). As a PBS dependant you can work (except as a doctor or dentist in training) or study.
All the above is as per the rules at present.

[Qazi123]

Hi Manci

I am working under Tier 2 ICT (Long term Staff) sponsored by Ernst & Young since January 2011. Initially my Visa was also issued on 7th Jan 2011. Now I am planning to switch my job to another Company Deloitte. They will issue me Tier 2 ( General) Visa.

I need to confirm if I am issued Tier 2 General will my 3.5 years of work under Tier 2 ( ICT) can be amalgamate with years of Tier 2 General towards ILR ? Which will be 3.5 ICT years and 1.5 General years, totalling to 5 years.

As per my understanding any ICT visa issued after April 2010 and before April 2011 are eligible to sum-up there years under both category towards ILR.

[manci]

Hi Manci

I am working under Tier 2 ICT (Long term Staff) sponsored by Ernst & Young since January 2011. Initially my Visa was also issued on 7th Jan 2011. Now I am planning to switch my job to another Company Deloitte. They will issue me Tier 2 ( General) Visa.

I need to confirm if I am issued Tier 2 General will my 3.5 years of work under Tier 2 ( ICT) can be amalgamate with years of Tier 2 General towards ILR ? Which will be 3.5 ICT years and 1.5 General years, totalling to 5 years.

As per my understanding any ICT visa issued after April 2010 and before April 2011 are eligible to sum-up there years under both category towards ILR.
no, only if you had T2 ICT leave under the rules before 6 April 2010 could the two periods of leave be aggregated to make up the 5 years.

[SPW001]

@SPW001
Provided you continue to be sponsored you can remain in the UK on the T2 ICT visa until 2016 (5 years from your initial 2011 entry clearance).
If your wife finds a sponsor she can apply for T2G but only from the US. She will have a 6 year cap on her stay in the UK and will be eligible to apply for ILR after 5 years.
Once your wife returns to the UK on her T2G visa you can switch in-country to become her dependant and will be eligible for ILR in 2021 (10 year route). As a PBS dependant you can work (except as a doctor or dentist in training) or study.
All the above is as per the rules at present.

Thank you Manci,
This is what I understood, happy to have confirmed.
Should I get my dependant VISA before I provide my 60 days notice to be safe? I know the HO provide you a 60 day window from the date the current sponsor notify them of your resignation before you must depart.
I will be planning to apply in person to expedite the dependant VISA so timing is not a concern as much as logistics.

[manci]

@SPW001
Provided you continue to be sponsored you can remain in the UK on the T2 ICT visa until 2016 (5 years from your initial 2011 entry clearance).
If your wife finds a sponsor she can apply for T2G but only from the US. She will have a 6 year cap on her stay in the UK and will be eligible to apply for ILR after 5 years.
Once your wife returns to the UK on her T2G visa you can switch in-country to become her dependant and will be eligible for ILR in 2021 (10 year route). As a PBS dependant you can work (except as a doctor or dentist in training) or study.
All the above is as per the rules at present.

Thank you Manci,
This is what I understood, happy to have confirmed.
Should I get my dependant VISA before I provide my 60 days notice to be safe? I know the HO provide you a 60 day window from the date the current sponsor notify them of your resignation before you must depart.
I will be planning to apply in person to expedite the dependant VISA so timing is not a concern as much as logistics.

If your wife already obtained her T2G visa you can apply to switch to PBS dependant status any time. It is probably safest to obtain your PBS dependant visa before giving notice at E&Y. If you do that there will be no need to curtail your T2G visa but you must inform HR at E&Y of your changed status.

btw - if a T2G visa is curtailed the 60 days curtailment period is counted from the date UKVI make their decision to curtail, not from the date the employer notifies them of the termination.

[SPW001]

If your wife already obtained her T2G visa you can apply to switch to PBS dependant status any time. It is probably safest to obtain your PBS dependant visa before giving notice at E&Y. If you do that there will be no need to curtail your T2G visa but you must inform HR at E&Y of your changed status.

btw - if a T2G visa is curtailed the 60 days curtailment period is counted from the date UKVI make their decision to curtail, not from the date the employer notifies them of the termination.

Thank you, this is helpful,
Just to make clear I am not on a Tier 2 General I am on the Tier 2 ICT Skilled Visa, looking to remain if my wife receives her sponsorship then applies for a Tier 2 General from the US.

When she returns I will apply for the PBS Dependant VISA ASAP.

If you can confirm I an correct in my understanding would be great, I will have my wife's employer start the processes.

[manci]

If your wife already obtained her T2G visa you can apply to switch to PBS dependant status any time. It is probably safest to obtain your PBS dependant visa before giving notice at E&Y. If you do that there will be no need to curtail your T2G visa but you must inform HR at E&Y of your changed status.

btw - if a T2G visa is curtailed the 60 days curtailment period is counted from the date UKVI make their decision to curtail, not from the date the employer notifies them of the termination.

Thank you, this is helpful,
Just to make clear I am not on a Tier 2 General I am on the Tier 2 ICT Skilled Visa, looking to remain if my wife receives her sponsorship then applies for a Tier 2 General from the US.

When she returns I will apply for the PBS Dependant VISA ASAP.

If you can confirm I an correct in my understanding would be great, I will have my wife's employer start the processes.
your understanding is correct. Keep in mind that your wife will need a restricted CoS and the earliest this could be available would be 11 November provided her prospective employer applies on or before 5 November . Also, her prospective employer will have to carry out a RLMT before assigning the CoS (unless an exemption applies). An RLMT takes 28 days and if they don't do it very promptly they may miss the 5 November deadline. You can find out from the ukvisas website how long her application process in the US is likely to take.

[ravi_ei]

Hi Manci,

I came to UK in Nov 2010 on Tier 2 ICT and switched to Tier 2 General( inside UK) in Aug 2013. My tier 2 General is valid till Aug 2013. According to 6 year CAP i should be allowed till Nov 2016.

So my question is this:
If my employer issues me a new COS now and I apply for Tier 2 General extension, will it be a valid application given that I still have around 1.5+ year left on my current tier 2 General (and I am applying with the same employer for extension)?

[praaji]

Hi

I came in ICT T2 in Sep 2011 and got Transfer of Undertakings (Protection of Employment) Regulations 2006 in Nov 2012, is there any rule that permits me to change to ICT T2 general?

[nishantjindal123]

Hi Manci/all

Appreciate your effort for answering the different kind of queries proactively. Can you please help me out here also.

I came in UK March 2011 on Tier 2 ICT Established Visa for 2 years and then it got extended for next 2 years until March 2015.

As per my understanding, if I will switch to Tier 2 General then it can be only until 2016. Please confirm.

Also till how long I can extend my current ICT visa?

Thanks for the help.

Regards

[manci]

Hi Manci/all

Appreciate your effort for answering the different kind of queries proactively. Can you please help me out here also.

I came in UK March 2011 on Tier 2 ICT Established Visa for 2 years and then it got extended for next 2 years until March 2015.

As per my understanding, if I will switch to Tier 2 General then it can be only until 2016. Please confirm.
to March 2017 (6 year cap)
Also till how long I can extend my current ICT visa?
indefinitely (with a new CoS for each extension)
Thanks for the help.

Regards

[manci]

Hi

I came in ICT T2 in Sep 2011 and got Transfer of Undertakings (Protection of Employment) Regulations 2006 in Nov 2012, is there any rule that permits me to change to ICT T2 general?

you are not allowed to switch to T2G as you did not have T2 ICT leave under the rules before 6 April 2011

[pranavbhardwaj0001]

Hi
I have a query. If I get a tier 2 general after my tier 2 ict, by crossing the salary threshold of 153000 GBP and then I resign from that job, I will have my visa curtailed. In that event, when I apply for a new job or if a new job is offered to me, can the offered pay be less than the threshold ?
Also can I join the same company after resignation but at a lower salary and different position?

Thanks and Best Regards.

[ashofoilngas]

Hi Everyone,

I have a question on the same topic.

My Long term Tier 2 ICT (established Staff) was issued on May 15,2010 and have been working in UK since then till date. Last year (mar 2013) I converted my visa to Tier 2 general (sponsored by a new employer) valid till 2016 June.

Since I am found 5 years continously in UK under valid work Permit visas (by next year May 2015), Am I eligible to apply for ILR under the new immigration rules ?

I can provided more details if required.

Ashof.