Tier 2 rules change

[sherkhan297]

hmm..you do have a point.. then ideally it should 'not count' only after the new ICT rule comes into force.. A loophole should be plugged, but cancelling out eveyones time overnight doesnt sound right..they should be given a chance to switch visas and have the time counted.. if they cant switch to a different visa (tier 1) then bad luck..and the rule would have done what it intended to do

it would really be unfair if person X at this moment in time is at 4 years and 8 months on ICT and is planning to apply for ILR and on the day he applies, the rules change..

if the change is made, this person X should get a chance to move to tier 1 and cover the remaining time so as to have the time counted .. this is what I feel...will have to wait for more details on this rule as they havent said much about it yet..

[sherkhan297]

Based on this new rule.. had a query...any feedback/thoughts/suggestions will be appreciated...thanks..

As the tier 2 arrangement (all categories) was implemented on 27 Nov 2008. All visas prior to this were Work permits even if they were for intra company transfer there was no such category before...

Question 1
Now, if you have 4 years on a WP and upon renewal you would get tier 2 ICT instead of WP since the rule change in Nov 2008.
The remaining 1 year would be spent on tier 2 (ICT) and you would not qualify for ILR under the new ruling coming into force early next year in 2010..right?

Question 2
If you have 4 years on WP and then switch to Tier 1(General) for 1 year , instead of renewing the visa to tier 2 (ICT) then we would qualify for ILR ..isnt it?

[djzack]

Based on this new rule.. had a query...any feedback/thoughts/suggestions will be appreciated...thanks..

As the tier 2 arrangement (all categories) was implemented on 27 Nov 2008. All visas prior to this were Work permits even if they were for intra company transfer there was no such category before...

Question 1
Now, if you have 4 years on a WP and upon renewal you would get tier 2 ICT instead of WP since the rule change in Nov 2008.
The remaining 1 year would be spent on tier 2 (ICT) and you would not qualify for ILR under the new ruling coming into force early next year in 2010..right?

Question 2
If you have 4 years on WP and then switch to Tier 1(General) for 1 year , instead of renewing the visa to tier 2 (ICT) then we would qualify for ILR ..isnt it?

1st question - No, extending the last year for ILR on a ICT visa would not qualify for extension. ( again wait for the final thing )

2nd question - Yes, this is still very much a possible way / route to ILR.

I would however reccommend you to take it easy until it's officially announced with the full shebang of policies and guidelines. As you might have already witnessed that by the time any change comes into effect it translates into something very different from what was proposed. So hold fire and sit tight.

[sherkhan297]

thanks.. yea..thats true..

any idea when this is going to be announced.. it says rules take effect early next year... and some sources suggest January 2010.. but they should have got all the guidelines out by now if it was in January as thats only 20 days away?

[djzack]

thanks.. yea..thats true..

any idea when this is going to be announced.. it says rules take effect early next year... and some sources suggest January 2010.. but they should have got all the guidelines out by now if it was in January as thats only 20 days away?

Yes, most likely they can come into effect from Jan '10 or maybe a stretch till March '10, the guidelines and policy documentation should be released at the same time or just a week or fortnight before as a precursor.

Just watch the space on the UKBA website for more information. I am sure we all will do.

[prasa1]

Hi All,
Please refer to the comparisons page on UKBA website which compares the PBS system to previous immigration routes (http://www.ukba.homeoffice.gov.uk/worki ... mparisons/)

As per the above page , Most long term work permits compare to Tier 2 (G)

My understanding is as follows

1. There was no separate category such as Intra company work permits prior to 2008.

2. Also since work permits were replaced by Tier 2 PBS , Home office cannot impose new conditions on a scheme that no longer exists.

3. Also HO cannot claim that such work permits compare to Tier2 ICT permits (Based on info on UKBA site)

In my case I came to UK in Dec 2005 on Intra Company Transfer and later switched to HSMP in Jan 2007 and later to Tier 1 General in Jun 2008

Will I be able to apply for ILR in Nov 2010 based on existing rules.

[joh118]

Hi All,
Please refer to the comparisons page on UKBA website which compares the PBS system to previous immigration routes (http://www.ukba.homeoffice.gov.uk/worki ... mparisons/)

As per the above page , Most long term work permits compare to Tier 2 (G)

My understanding is as follows

1. There was no separate category such as Intra company work permits prior to 2008.

2. Also since work permits were replaced by Tier 2 PBS , Home office cannot impose new conditions on a scheme that no longer exists.

3. Also HO cannot claim that such work permits compare to Tier2 ICT permits (Based on info on UKBA site)

In my case I came to UK in Dec 2005 on Intra Company Transfer and later switched to HSMP in Jan 2007 and later to Tier 1 General in Jun 2008

Will I be able to apply for ILR in Nov 2010 based on existing rules.

Yes, it should be fine. This is because your time on ICT was on dec 2005, had you continued on ICT till now, there would be a problem. But since you switched, into tier 1, the time spent on ICT back in dec 2005 is still counted. I am 90% sure this is correct but if the UKBA is to be very very unfair, they could say that time spent on ICT no matter when, won't be counted.

Let's just hope for the best.

At least you are standing in a very safe position at this time.

[bvinodhraj]

Hi

I came here in a UK visa (ICT short term) which is approved for 1 year (between May 23 2015 and May 22 2016). I have landed in UK on 29th May. Could you please tell me whether its possible to re-apply for UK visa (Tier 2 General visa) if i return back in three months as per new rule. Kindly confirm.

Thanks
Vinoth