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

[tier2g]

I am new to the site and apologies if this is answered. Could you please help for the below details.
I came to UK in Aug2009 and stayed in UK till Jul'2011 on Tier 2 ICT and went back to home country during this time I don't have any UK visa.I came back to UK in Jul'2012 (Tier 2 ICT) and staying till date.Could you please advise best possible options for me for ILR (if possible) or else Switching to Tier 2 General or any other working visa.
Thanks.

[manci]

I am new to the site and apologies if this is answered. Could you please help for the below details.
I came to UK in Aug2009 and stayed in UK till Jul'2011 on Tier 2 ICT and went back to home country during this time I don't have any UK visa.I came back to UK in Jul'2012 (Tier 2 ICT) and staying till date.Could you please advise best possible options for me for ILR (if possible) or else Switching to Tier 2 General or any other working visa.
Thanks
unfortunately remaining on T2 ICT will not make you eligible for ILR and you cannot switch to T2G in-country. If you return to home country after 1 year cooling off you can apply for T2G (with a restricted CoS) and after 5 years on T2G you will be eligible for ILR.
.

[PC123456]

Hi Mansi,

I am currently on Tier 2 ICT (long term established staff) since Feb 2011 in a Marketing Manager’s role. I have been having conversations with a new sponsor (employer) to switch my visa to Tier 2 General and the team has got back saying that under the Codes of Practice, I need to be NQF level 6 to qualify for the Tier 2 General visa – could you please confirm this and also clarify what this means?

Thank you

[manci]

Hi Mansi,

I am currently on Tier 2 ICT (long term established staff) since Feb 2011 in a Marketing Manager’s role. I have been having conversations with a new sponsor (employer) to switch my visa to Tier 2 General and the team has got back saying that under the Codes of Practice, I need to be NQF level 6 to qualify for the Tier 2 General visa – could you please confirm this and also clarify what this means?
this is correct, you do need an NQF level 6 job to switch to T2G. See the classification of jobs here:
https://www.gov.uk/government/uploads/s ... l_2015.pdf

Thank you

[tripaths]

@manci
thanks v much for such a prompt response. I should definitely forward your advise to the HR. Though I'm bit worried of what could be the reason for this delay. My employer has quite a few employees on ICT and HR mentioned that visa extension applications were never delayed in the past.

one more thing to note: if your application is refused after the expiry of your current leave your sponsor will not allow you to continue working until your immigration situation is regularised

Thanks. I see your point. Since I only have 3 weeks left before the ICT visa expires and Home office hasn't yet provided any concrete information on the application status, I want to personally visit the Home Office and request early result. Do you know if this is possible ? I have heard that enquiries can some time take months

Regards

[manci]

[quote="tripathsThanks. I see your point. Since I only have 3 weeks left before the ICT visa expires and Home office hasn't yet provided any concrete information on the application status, I want to personally visit the Home Office and request early result. Do you know if this is possible ? I have heard that enquiries can some time take months
to my knowledge personal visit chasing an application is not possible. Keep phoning the enquiry line and emphasize that the application was via the same-day premium service

Regards[/quote]

[anijooh]

Hi Manci,

I am on my ICT visa applied before April 2011 and is vaild till March next year. Can I switch to Tier-2 General with same employer or different employer. If so how long can I stay in UK in each case ?

Regards
AJ

[manci]

Hi Manci,

I am on my ICT visa applied before April 2011 and is vaild till March next year. Can I switch to Tier-2 General with same employer or different employer. If so how long can I stay in UK in each case ?
You can switch to T2G but only if you change sponsor. There is no limit on your stay in the UK either under T2 ICT or T2G as long as you are being sponsored

Regards
AJ

[anijooh]

oh Ok .so switching to T2G with same sponsor is out

I will be completing 5 years in T2 ICT by march 2016.Does that mean that I can get it extended again ? Some one told me the maximum allowed at a stretch is 5 years 28 days . Kindly clarify

Thanks for your time Mansi

[manci]

oh Ok .so switching to T2G with same sponsor is out

I will be completing 5 years in T2 ICT by march 2016.Does that mean that I can get it extended again ? Some one told me the maximum allowed at a stretch is 5 years 28 days . Kindly clarify
If your initial T2 ICT leave was under the rules before 6 April 2011 then you can extend it indefinitely (with a new CoS for each extension). If you switch to T2G there will be a 6 year cap on your stay under T2G

Thanks for your time Mansi

[San_jayss]

Hi Manci,

I have gone through all the previous post but didn't find out my answer,

I got my ICT on May 2014, so its almost one year one month back, now I am selected by a reputed company and they are ready to provide COS for T2 general. But I am not sure whether I am eligible or not to transfer it to T2 general, can you please let me know whether its possible or not. Also if I want to apply some job with T2 general, can I eligible to apply?

Regards,
Sanjay

[San_jayss]

Hi Manci,

I have gone through all the previous post but didn't find out my answer,

I got my ICT (Long term) on May 2014, so its almost one year one month back, now I am selected by a reputed company and they are ready to provide COS for T2 general. But I am not sure whether I am eligible or not to transfer it to T2 general, can you please let me know whether its possible or not. Also if I want to apply some job with T2 general, can I eligible to apply?

Regards,
Sanjay

[San_jayss]

Hi Manci,

I have gone through all the previous post but didn't find out my answer,

Currently I am in Manchester and I got my ICT (Long term) on May 2014, so its almost one year one month back, now I am selected by a reputed company and they are ready to provide COS for T2 general. But I am not sure whether I am eligible or not to transfer it to T2 general, can you please let me know whether its possible or not. Also if I want to apply some job with T2 general, can I eligible to apply?

Regards,
Sanjay

[manci]

Hi Manci,

I have gone through all the previous post but didn't find out my answer,

I got my ICT on May 2014, so its almost one year one month back, now I am selected by a reputed company and they are ready to provide COS for T2 general. But I am not sure whether I am eligible or not to transfer it to T2 general, can you please let me know whether its possible or not. Also if I want to apply some job with T2 general, can I eligible to apply?

If your got your first T2 ICT visa in 2014 unfortunately you cannot switch to T2G in-country

Regards,
Sanjay

[adrianboleh]

Hi,
I was granted Tier 2 ICT Migrant visa since 26th Jan 2011 (for 3 years), then got extended by the same employer on Tier 2 ICT Long term visa from Feb 2014 to feb 2016.
After reading through the blog and home office rules etc, I am still unclear about my current situation.

My questions are:
(1) I have potential new employer willing to issue new COS to me, am I eligible to apply Tier 2 general? (apply from the UK)
(2) will "cooling off" period be applied to me?
(3) Is the cap of maximum 6 years still apply to me? if yes, counted from Jan 2011 or when I am issued the Tier 2 general?

Hope you will be able to advise. Thank you very much in advance!!
much appreciated.

[manci]

Hi,
I was granted Tier 2 ICT Migrant visa since 26th Jan 2011 (for 3 years), then got extended by the same employer on Tier 2 ICT Long term visa from Feb 2014 to feb 2016.
After reading through the blog and home office rules etc, I am still unclear about my current situation.

My questions are:
(1) I have potential new employer willing to issue new COS to me, am I eligible to apply Tier 2 general? (apply from the UK)
yes, as your initial leave was T2 ICT Established Staff you can switch to T2G in-country

(2) will "cooling off" period be applied to me?
not if you switch in the UK

(3) Is the cap of maximum 6 years still apply to me? if yes, counted from Jan 2011 or when I am issued the Tier 2 general?
the 6 year cap will only apply from the time you switch into T2G. Under current rules you will also be eligible for ILR after 5 years on T2G.

Hope you will be able to advise. Thank you very much in advance!!
much appreciated.

[adrianboleh]

Thank you very much Manci for the reply!!
that's very helpful.

[ravi1122]

Hi Manci,

I am Tier 2 ICT Dependent and working with an organisation for last 1.5 years. Now I would like to explore the opportunity of getting a COS from my employer.
1. Since I am already in the role, do I need a RMLT?
2. In April 2015, a similar role to mine, was advertised for about 1.5 months and the position is not yet closed. Can this be considered as an RMLT pass?

Thanks,
Ravi

[manci]

Hi Manci,

I am Tier 2 ICT Dependent and working with an organisation for last 1.5 years. Now I would like to explore the opportunity of getting a COS from my employer.
1. Since I am already in the role, do I need a RMLT?
yes, unless the job is a shortage occupation

2. In April 2015, a similar role to mine, was advertised for about 1.5 months and the position is not yet closed. Can this be considered as an RMLT pass?
only if it complied with UKVI requirements for RLLMT, see the sponsor guidance section 28:
https://www.gov.uk/government/uploads/s ... _v_1_1.pdf
Thanks,
Ravi

[ravi1122]

Hi Manci,

Thanks a lot for the reply.

Just one more follow-up question: My employer did advertised the job vacancy for Business Analyst on company's website as well as used recruitment agency for last 1.5 months. Will this be sufficient or it is mandatory that employer needs to publish the vacancy on Jobcentre to comply for RLMT?

I read section 28 of sponsor guidance but was unable to get clarification on the scenario when advertising through jobcentres is not mandatory.

Thanks,
Ravi

[manci]

Hi Manci,

Thanks a lot for the reply.

Just one more follow-up question: My employer did advertised the job vacancy for Business Analyst on company's website as well as used recruitment agency for last 1.5 months. Will this be sufficient or it is mandatory that employer needs to publish the vacancy on Jobcentre to comply for RLMT?

I read section 28 of sponsor guidance but was unable to get clarification on the scenario when advertising through jobcentres is not mandatory.

Thanks,
Ravi

the exemptions from having to advertise on Jobcentre Plus are listed in para 28.19

[rahulr]

Hi ,

I get some mixed answers for Tier 2 ICT to Tier 2 General VISA. I have been granted Tier 2 ICT Short in Jan 2014 and now I am on Long Term VISA. I see some posts telling there is a cooling period to move to Tier 2 General if I got my Tier 2 ICT after 2011.

Can someone please confirm what options do I have If I want to change employers here while being in UK.

Answers are much much appreciated!!

rahulr

[manci]

Hi ,

I get some mixed answers for Tier 2 ICT to Tier 2 General VISA. I have been granted Tier 2 ICT Short in Jan 2014 and now I am on Long Term VISA. I see some posts telling there is a cooling period to move to Tier 2 General if I got my Tier 2 ICT after 2011.

Can someone please confirm what options do I have If I want to change employers here while being in UK.

Answers are much much appreciated!!

rahulr

unfortunately you cannot switch to T2G in-country and are subject to a 1 year cooling-off outside the UK if you want to change sponsor. The only exceptions are if your current T2 ICT Long Term entry clearance was issued for 3 months or less or if your salary is £155.3 or more,

[rahulr]

Hi Manci,

Thanks for the prompt response over this. So does that mean, i cannot really work for any other employer other than my sponsor while I am in UK on Tier 2 ICT Long Term?

Thanks
rahulr

[manci]

Hi Manci,

Thanks for the prompt response over this. So does that mean, i cannot really work for any other employer other than my sponsor while I am in UK on Tier 2 ICT Long Term?

Thanks
rahulr

yes, that is correct unless you are able to switch to PBS dependant status