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

[ravi_ei]

Hello Manci,

I hope you are not too bothered by my questions. Can you clarify this: I came to Tier 2 ICT in nov 2010 and switched to Tier 2 General in 2013 Aug. New April 2014 rule says that I can not extend beyond 2016 Nov. My employer is still not ready to believe this.

So what they are saying is that they will give me a new COS with 4+ year validity. And they are asking me to do a new application for Tier 2 General. This is just to see if I get visa for duration mention on COS( 4+ years ) or till Nov 2016 only.

Now I just want to know can my employer issue me a new COS while I am already with them on Tier 2 General and will my application be valid if COS is allocated?

Thanks
-Ravi

[kknew]

Hello Manci,
I came to UK under Tier 2 ICT in Jan 2013. I have few queries and request you to guide me please. I have read all the responses but I want to add the dimension of salary threshold.

1. If I want to switch my job to a different employer, my understanding is that I have to go back to my home country and apply after a cooling period of 12 months. Does this cooling period apply if salary is more than £153.5K with next employer? Can the next employer get me under T2ICT as well as T2G? can I switch from within UK if the salary is more than 153K?

2. If I switch to T2G to a different employer (in case cooling period is not applicable), will my years on T2ICT add to the T2G ceiling period of 6 years. For eg. I switch in Jan 2015, I would have spent 2 years on T2ICT by then. Will my T2G be valid only till Jan 2019 max. In which case I wont qualify for ILR?

3. Do I have a route to ILR? By the time I complete 5 years, my salary may exceed the threshold of £153K, in which case I can extend ICT by another 4 years. After 9 years I can figure out a way to stay for 10th year (joining PHd). But then I would be stuck with current employer for 9 years. Is this the only way?

Many thanks for your response

[Omer_bfs]

Hi Manci,
Thanks for clarifying visa queries,, here is my question,

1. I came UK Jun 2010 (in Tier 2 ICT (Established Staff)) , now i have completed around 4.5 years (after 2 extensions with Tier 2 ICT long term staff (leave to remain)category) , recently i got an offer from an employer who will be sponsoring Tier 2 (general),, if that is the case are they only stamp visa from remaining 1.5 years only ?

If yes, what is option for the for the employer to retain me after 1.5 yrs, is he apply extension in any other categories.. or he has to wait for cooling period ?

2. On my current category visa can i extend upto 10 years ? if so , i can apply ILR after that ?

3. If i switch to Tier 2 general then what is the option for me to attain ILR, any routes ? Please kind suggest , your help is much appreciated

Thanks , Omer

[hassan12]

Hi Manci,

Thanks for your advices and guidance.

I have been granted ICT Tier 2(Intra company Transfer) in 2010 March and travelled to UK in March 2010.

Stayed in UK till 2013 April and got extended visa before travel back to India.

Now I have travelled back to UK in March 2014 with same visa(which got extended).

Please let me what is the chance of getting ILR.

What if I switch to ICT2 General.(under which category I need to switch as per the new rule).

Appreciate you response.

[manci]

Hi Manci,
Thanks for clarifying visa queries,, here is my question,

1. I came UK Jun 2010 (in Tier 2 ICT (Established Staff)) , now i have completed around 4.5 years (after 2 extensions with Tier 2 ICT long term staff (leave to remain)category) , recently i got an offer from an employer who will be sponsoring Tier 2 (general),, if that is the case are they only stamp visa from remaining 1.5 years only ?

If yes, what is option for the for the employer to retain me after 1.5 yrs, is he apply extension in any other categories.. or he has to wait for cooling period ?

2. On my current category visa can i extend upto 10 years ? if so , i can apply ILR after that ?

3. If i switch to Tier 2 general then what is the option for me to attain ILR, any routes ? Please kind suggest , your help is much appreciated

Thanks , Omer
the rules are changing next month, see:
http://www.immigrationboards.com/uk-tie ... 74306.html

[manci]

Hi Manci,

Thanks for your advices and guidance.

I have been granted ICT Tier 2(Intra company Transfer) in 2010 March and travelled to UK in March 2010.

Stayed in UK till 2013 April and got extended visa before travel back to India.

Now I have travelled back to UK in March 2014 with same visa(which got extended).

Please let me what is the chance of getting ILR.

What if I switch to ICT2 General.(under which category I need to switch as per the new rule).

Appreciate you response.

assuming you were on a work assignment abroad in the almost one year period Apr13 - March 14, by the judicious timing of your ILR application it may be possible to break this into two periods none of which is longer than 180 days. In that case, and provided you meet all other requirements, you may be eligible to apply some time in the autumn of 2015.

If you switch to T2G after November 14, when new rules come into force, the above still stands. See:
http://www.immigrationboards.com/uk-tie ... 74306.html

[immiseeker]

@Manci

My question is on maximum number of years to stay under T2 ICT and apply for ILR for initial grant of leave to remain under T2 ICT established staff after 6 April 2010, please advise.

Below are my VISA details:

21 April 2010 - 14 April 2011 : TIER 2 ICT ESTABLISHED STAFF
15 April 2011 - 21 May 2012 : TIER 2 ICT ESTABLISHED STAFF
22 May 2012 - 14 Oct 2014 : TIER 2 ICT LONG TERM
15 OCT 2014 - 30 MAR 2015 : TIER 2 ICT LONG TERM

As per below T2 Policy Guidance, how long can I get extension beyond 30 MAR 2015 and can I apply for ILR if my extension crosses 5 years.

T2 Policy Guidance
(https://www.gov.uk/government/uploads/s ... _08-14.pdf), Refer Page 7 of 63 (copy of excerpt below)

Many Thanks in advance.
************************************************************************************************************************************************************
Applications for Leave To Remain
27. If you are already in the UK and were initially granted leave in one of the categories listed
below:
• Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6
April 2011,
• Tier 2 (Intra-Company Transfer), under the Rules in place before 6 April 2010,
Tier 2 Policy Guidance (Version 08/2014) - Page 8 of 63
• Intra-Company Transfer work permit holder (except multiple entry work permits),
• Representative of an Overseas Business (this includes representatives of overseas
media companies)
AND
• You have not since been granted leave to remain, entry clearance or leave to enter in
any other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend
your stay beyond 5 years. If you are applying for an extension in this way, the job does
not need to be at NQF level 6 (or the equivalent in Scotland), nor do you need to meet
the minimum salary threshold of £41,000. However, the Certificate of Sponsorship
must confirm that the job is at or above NQF level 3 (or the equivalent in Scotland).
The Certificate of Sponsorship must also confirm that you will be paid at or above the
appropriate rate for the job. These requirements are set out in the codes of practice
on our website at: http://www.gov.uk/government/collection ... employers-
and-educators.
************************************************************************************************************************************************************

[manci]

@Manci

My question is on maximum number of years to stay under T2 ICT and apply for ILR for initial grant of leave to remain under T2 ICT established staff after 6 April 2010, please advise.
under current rules there is no limit to your stay under T2 ICT but for each extension you'll need a new CoS. Assuming you applied for your visa after 5 April 2010 unfortunately you are not eligible for ILR on the 5 year route only on the long residence (10 year) route.
Below are my VISA details:

21 April 2010 - 14 April 2011 : TIER 2 ICT ESTABLISHED STAFF
15 April 2011 - 21 May 2012 : TIER 2 ICT ESTABLISHED STAFF
22 May 2012 - 14 Oct 2014 : TIER 2 ICT LONG TERM
15 OCT 2014 - 30 MAR 2015 : TIER 2 ICT LONG TERM

As per below T2 Policy Guidance, how long can I get extension beyond 30 MAR 2015 and can I apply for ILR if my extension crosses 5 years.

T2 Policy Guidance
(https://www.gov.uk/government/uploads/s ... _08-14.pdf), Refer Page 7 of 63 (copy of excerpt below)

Many Thanks in advance.
************************************************************************************************************************************************************
Applications for Leave To Remain
27. If you are already in the UK and were initially granted leave in one of the categories listed
below:
• Tier 2 (Intra-Company Transfer: Established Staff), under the Rules in place before 6
April 2011,
• Tier 2 (Intra-Company Transfer), under the Rules in place before 6 April 2010,
Tier 2 Policy Guidance (Version 08/2014) - Page 8 of 63
• Intra-Company Transfer work permit holder (except multiple entry work permits),
• Representative of an Overseas Business (this includes representatives of overseas
media companies)
AND
• You have not since been granted leave to remain, entry clearance or leave to enter in
any other route;
you can apply to extend your stay in the Long Term Staff sub-category and can extend
your stay beyond 5 years. If you are applying for an extension in this way, the job does
not need to be at NQF level 6 (or the equivalent in Scotland), nor do you need to meet
the minimum salary threshold of £41,000. However, the Certificate of Sponsorship
must confirm that the job is at or above NQF level 3 (or the equivalent in Scotland).
The Certificate of Sponsorship must also confirm that you will be paid at or above the
appropriate rate for the job. These requirements are set out in the codes of practice
on our website at: http://www.gov.uk/government/collection ... employers-
and-educators.
************************************************************************************************************************************************************

[immiseeker]

@Manci,

Thank you very much Manci for such a quick reply. From your advice to others my understanding is I may also switch from current T2 ICT Long term to T2 ICT General after 6th Nov 2014 and once complete 5 years in T2 ICT General category, I'm eligible to apply for ILR, please confirm.

[manci]

@Manci,

Thank you very much Manci for such a quick reply. From your advice to others my understanding is I may also switch from current T2 ICT Long term to T2 ICT General after 6th Nov 2014 and once complete 5 years in T2 ICT General category, I'm eligible to apply for ILR, please confirm.
correct but the switch would be to T2G (not ICT) with a new sponsor

[imwannabe]

Hi Manci,

I am on Tier 2 ICT Long Term Staff Visa since Feb 2012 and my wife is on PBS Dependent Visa. She has recently applied for her Tier 2 General from home country (India) as her employer agreed to sponsor her Tier 2 General Visa and raised a CoS for the same.

Assuming she gets her Tier 2 General Visa:

a) My understanding is that I can switch to Tier 2 General Dependant from within the UK?
b) Can you please let me know how much time does it take to switch to Tier 2 General Dependent from within the UK?
c) My understanding is that I do not need to inform my employer that I am applying for a PBS Dependant till I am granted the Visa. However, once granted, I should inform them that I have switched to Tier 2 General Dependant?
d) I assume once I am granted a PBS dependant, UKBA will automatically cancel my Tier 2 ICT Long Term staff visa?

Many thanks in advance for your response.

[manci]

Hi Manci,

I am on Tier 2 ICT Long Term Staff Visa since Feb 2012 and my wife is on PBS Dependent Visa. She has recently applied for her Tier 2 General from home country (India) as her employer agreed to sponsor her Tier 2 General Visa and raised a CoS for the same.

Assuming she gets her Tier 2 General Visa:

a) My understanding is that I can switch to Tier 2 General Dependant from within the UK?
yes
b) Can you please let me know how much time does it take to switch to Tier 2 General Dependent from within the UK?
look at timelines on the forum
c) My understanding is that I do not need to inform my employer that I am applying for a PBS Dependant till I am granted the Visa. However, once granted, I should inform them that I have switched to Tier 2 General Dependant?
correct
d) I assume once I am granted a PBS dependant, UKBA will automatically cancel my Tier 2 ICT Long Term staff visa?
yes

Many thanks in advance for your response.

[waiwai]

Did my own research on switching from Tier2 ICT to Tier2 G, and found out the following,
And here is the all important quote:

A drafting error meant that the time spent in Tier 2 (Intra-Company Transfer)
counted towards the maximum period of 6 years that applicants may spend in
other Tier 2 categories. This is being corrected.

So , I guess this means a sign of relief to all, including me.

[manci]

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 ?
you will only be eligible for ILR in March 18
I can provided more details if required.

Ashof.

[advna]

Hi all,

I was granted a tier 2 ict in January, 2011. I first came to the UK in February, 2011. I changed sponsors, and switched to a tier 2 general visa in June 2012 (in country). I was given a three-year visa, that is up for renewal next year. Could you please tell me how long this extension will be for? Will it be three years, or will be until January 2017, i.e., six years from my first grant of leave under tier 2. Many thanks!!

[Vaas]

Hi Adv, you ll get extension for max until July 2018 and will be eligible for ILR on June 2017

[advna]

Hi Adv, you ll get extension for max until July 2018 and will be eligible for ILR on June 2017

Thanks for the prompt reply, Vaas. So the six-year cap doesn't apply?

[breezzer]

Hi manci,

Can you please update my situation as I understand point (a) is incorrect now.

Thanks,

Hi manci,

I am falling under the same braket as steated by you.

I have my UK entry clearence under T2 ICT Established staff on June 2010 and staying in UK currently 4+ years

I am going to apply for T2 General by changing sponsor next week.

a) Am I allowed to stay in this country till June 2016 max. And no way I can't extend it thereafter as per current rule?
correct.

b) My current employer has ran RLMT since last 3 weeks but the job description not entirely matches with my resume (though it matches with previous cos job title ). for example I have experinece in Microsoft technologies and job description states java technologies, though I have got the offer. Will this cause any problem while getting the visa?
your previous CoS and your resume are not relevant, this will be a new job. The new job description should match the ad for the RLMT and the job description in the new CoS. The new sponsor cannot assign the new CoS before the RLMT has been satisfactorily completed and you cannot apply before the new CoS has been assigned.

c) My new salary would be much lower (around 28K) than current salary (around 40K) (the guranteed part). Though the company offers other benefits and bonus which are not guranteed. Will this cause any problem?
the guaranteed salary must be at the appropriate level for the job SOC code which the new sponsor will determine and which must match the new job description. See:
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

Can you please let me know the above queries atleast before my visa interview?


Thanks in advance

[manci]

Hi manci,

Can you please update my situation as I understand point (a) is incorrect now.

Thanks,

Hi manci,

I am falling under the same braket as steated by you.

I have my UK entry clearence under T2 ICT Established staff on June 2010 and staying in UK currently 4+ years

I am going to apply for T2 General by changing sponsor next week.

a) Am I allowed to stay in this country till June 2016 max. And no way I can't extend it thereafter as per current rule?
correct.

the 6 year cap for those who entered T2G after Apr 11 no longer includes time under T2 ICT.
See: http://www.immigrationboards.com/uk-tier-2-employer-sponsored-visas/oct-14-change-in-rules-switching-from-t2-ict-to-t2g-t174306.html?hilit=oct#p1105069

[aaibhavani]

Hi manci,

I entered UK in Jan 2011 on ICT Established Staff. I'm aware that I can switch now from Tier 2 ICT to Tier 2 General and I need your guidance to understand that if I can be eligible for ILR in January 2016.

This will help me to find a new sponsor company and apply. If I'm not then it's not worth to apply and invest money in same.

Many Thanks
Jay

[shreya_6261]

Hi,

My Tier 2 general visa needs to be renewed by 29th Jan 2015. Can my company apply for the visa extension in November or December 2014 i.e. 2 months before expiry? I have to apply for my wife's dependent visa extension as well. Do i need to show any maintenance funds for Tier 2 general Extension for myself and my wife?
Please advice.

Thanks

[manci]

Hi manci,

I entered UK in Jan 2011 on ICT Established Staff. I'm aware that I can switch now from Tier 2 ICT to Tier 2 General and I need your guidance to understand that if I can be eligible for ILR in January 2016.
you will only be eligible for ILR on the 10 year route, i.e. in Jan 2021

This will help me to find a new sponsor company and apply. If I'm not then it's not worth to apply and invest money in same.

Many Thanks
Jay

[akshayapte]

Hello Manci,

I have already got a 3 year Tier 2 General visa 2 months back, now if any rule changes happen say in November 2014, then would those changes apply to my visa as well or my visa will still be under old rules?

Regards,
Akshay Apte.

[aaibhavani]

Hi manci,

I entered UK in Jan 2011 on ICT Established Staff. I'm aware that I can switch now from Tier 2 ICT to Tier 2 General and I need your guidance to understand that if I can be eligible for ILR in January 2016.
you will only be eligible for ILR on the 10 year route, i.e. in Jan 2021

This will help me to find a new sponsor company and apply. If I'm not then it's not worth to apply and invest money in same.

Many Thanks
Jay

Hi Manci,

Thanks for your reply. That simply means, my earlier 4 years will not count as my journey for ILR.

Thanks Again
Jay

[manci]

Hello Manci,

I have already got a 3 year Tier 2 General visa 2 months back, now if any rule changes happen say in November 2014, then would those changes apply to my visa as well or my visa will still be under old rules?

Regards,
Akshay Apte
The Nov 2014 rule change means that the 6 year cap is only calculated from the time you obtained your T2G visa, you will therefore be eligible for ILR after 5 years on T2G.