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

[som278]

@KVP
what was the exact date of your return to the UK in Oct 2010?

Hi manci,

if you can kindly read my case on page 2 and respond please? That would be very helpful for me :/

[smithSA]

Hi

Can I ask about calculating COS for long term Tier 2.

I was told that Uk only take into account 60% of your allowances when calculating COS.

Because My total package is 47k but if you only take 60% of my allowance into account then my total package comes down to £38k

is it true that only 60% of allowance are permitted for COS consideration?

Thanks

[smithSA]

Also can you please tell me.

Do I have to return to my HOME country to apply for Long term Tier 2 or can I apply for from any country outside of the UK.

it's very expensive to go back to my home country but I can go to France or Netherlands and apply fro there?

Thanks

[KVP]

Dear Manci,

Could you kindly look into my case, and provide your clarifications, I called to UKBA again, their answer remain same. They are telling that my period is broken because I was away for more than 180 days, and I applied for T2 ICT after 06-April-2010, so in this case the Tier 2 ICT rule will apply.

As I said in my previous detailed message, I could have travelled using my old WP and could have extended all these years. But my ignorance/situations, my employer applied for T2 ICT from India. So I have a new (i.e. current) Entry clearance - which says -TIER 2 ICT established staff.


My queries still remain same:

1) Is there a way to qualify for ILR under 5 year employment route as my initial WP and ICT overlapped? i.e. I applied for Tier 2 ICT before my WP expired. I could have travelled using WP. My ignorance/situations, my employer applied for ICT - Established Staff

2) If I try to apply for ILR as WP entrant, Is my continious period broken here?

3) Is there a way to combine WP and ICT and apply for ILR on Oct 2015 under 5 year employment route? Is it not considered as a Swtich from WP to Tier 2 ICT?

4) What is the possibility if I switch to Tier 2 - General visa now for another employer?

[jayakumarj]

Hi Manci,

I appreciate if you could clarify the below question.

1) I am currently in UK under Tier 2 ICT Long Term Staff migrant Visa. The first application was made on May, 2013 and granted the visa. Would I be eligible to make an application in UK to switch my sponsor and switch my visa to Tier 2 General?

2) If the point 1 doesn't apply to me, what other options available to switch my sponsor and visa? Would I be eligible to make a fresh application for Tier 2 General by travelling outside UK (from India) through new sponsor as soon the current visa expires on Jan 10, 2015? If I do so will the cooling off period will be applicable for my case? I believe cooling off doesn't apply as I am not applying Tier 2 ICT Long term visa again?. Kindly clarify.

Thanks
Jaya

[manci]

Dear Manci,

I am a new member here.

Could you please clarify my queries (at the end).

My details:

1) Workpermit issued for Intra-company transfer - vaild from Nov 2008 to Nov 2010.

First entry in UK: Dec 2008
Left UK: Aug 2009

I had a break more than year - Aug 2009 to Oct 2010
i.e. worked for same employer at offshore location

2) Applied Tier 2 ICT - Applied from India and valid from Oct 2010 to till date.
Entry to UK: Oct 2010

Staying over 4 years in UK by doing in-country extension for same employer.


My queries:

1) Is there a way to qualify for ILR under 5 year employment route as my initial WP and ICT overlapped? i.e. I applied for Tier 2 ICT before my WP expired. I could have travelled using WP. My ignorance/situations, my employer applied for ICT - Established Staff

2) If I try to apply for ILR as WP entrant, Is my continious period broken here?

3) Is there a way to combine WP and ICT and apply for ILR on Oct 2015 under 5 year employment route?

4) What is the possibility if I switch to Tier 2 - General visa now for another employer?


My heartful thanks to you if you could clarify my queries.

There are 2 issues here, possible break in continuity and length of absences.

As far as your Oct 2010 entry clearance is concerned I don't believe this broke continuity because you held valid leave for the entirety of the 5 qualifying period.

With regard to absences one cannot have more than 180 days absence in any of the five 12 months periods counted backwards from the date of the ILR application. Refer to p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf
It seems that by the judicious choice of the ILR application date you may be eligible for ILR. If you applied on 4 April 2015, year 5 would be 4 April 2010 - 5 April 2011 and in this period your absence was from 4 April 2010 to 30 September 2010 (days of travel don't count) which is exactly 180 days . CHECK THE MATHS and that you didn't have any other absences. Since the 5 year qualifying period starts on 4 April 2010 you will have had leave under the rules before 6 April 2010 (just) and are eligible for ILR. 4 April 2015 is a Saturday and you must post your application on this day which will then be the date of the application (use Special Delivery and keep the Post Office receipt).

[manci]

Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?
you can switch to another T2G sponsor in-country but the 6 year cap unfortunately stays. If you applied for entry clearance from home country after the 1 year cooling-off period then you would be eligible for ILR after 5 years.

Your inputs would be deeply appreciated.

Thanks,
Som

[manci]

Hi Manci,

I appreciate if you could clarify the below question.

1) I am currently in UK under Tier 2 ICT Long Term Staff migrant Visa. The first application was made on May, 2013 and granted the visa. Would I be eligible to make an application in UK to switch my sponsor and switch my visa to Tier 2 General?
unfortunately no

2) If the point 1 doesn't apply to me, what other options available to switch my sponsor and visa? Would I be eligible to make a fresh application for Tier 2 General by travelling outside UK (from India) through new sponsor as soon the current visa expires on Jan 10, 2015? If I do so will the cooling off period will be applicable for my case? I believe cooling off doesn't apply as I am not applying Tier 2 ICT Long term visa again?. Kindly clarify.
unfortunately cooling-off will apply, see immigration rule 245HB(g)

Thanks
Jaya

[manci]

Hi

Can I ask about calculating COS for long term Tier 2.

I was told that Uk only take into account 60% of your allowances when calculating COS.

Because My total package is 47k but if you only take 60% of my allowance into account then my total package comes down to £38k

is it true that only 60% of allowance are permitted for COS consideration?
read para 75 which defines the allowances that can be taken into account:
https://www.gov.uk/government/uploads/s ... _final.pdf
Thanks

[manci]

Also can you please tell me.

Do I have to return to my HOME country to apply for Long term Tier 2 or can I apply for from any country outside of the UK.

it's very expensive to go back to my home country but I can go to France or Netherlands and apply fro there?
you can only apply from home country or country of residence
Thanks

[sandeeprajput]

Hello Manci,

Grateful if you can please read my post and provide inputs, many thanks

1. Tier 2 ICT established staff visa - April 2011 to Feb 2014 [Visa applied before April 6 2011] , but visa start date is April 7th 2011
2. Renewed visa till Feb 2016 [ T2 ICT Long term leave to remain] and working for the same sponsor in UK currently

1. Can I switch job under from Tier 2 ICT to T2G with new CoS? If yes, I believe as per OCT14 changes T2G visa will be given for 6 years. Please confirm
2. Can I apply T2G within UK or need to go back to India? Does cooling off period (1 year) apply to me?

[manci]

Hello Manci,

Grateful if you can please read my post and provide inputs, many thanks

1. Tier 2 ICT established staff visa - April 2011 to Feb 2014 [Visa applied before April 6 2011] , but visa start date is April 7th 2011
2. Renewed visa till Feb 2016 [ T2 ICT Long term leave to remain] and working for the same sponsor in UK currently

1. Can I switch job under from Tier 2 ICT to T2G with new CoS? If yes, I believe as per OCT14 changes T2G visa will be given for 6 years. Please confirm
correct
2. Can I apply T2G within UK or need to go back to India? Does cooling off period (1 year) apply to me?
no cooling-off, "switching" means applying in the UK which you can do

[KVP]

Dear Manci,

I am a new member here.

Could you please clarify my queries (at the end).

My details:

1) Workpermit issued for Intra-company transfer - vaild from Nov 2008 to Nov 2010.

First entry in UK: Dec 2008
Left UK: Aug 2009

I had a break more than year - Aug 2009 to Oct 2010
i.e. worked for same employer at offshore location

2) Applied Tier 2 ICT - Applied from India and valid from Oct 2010 to till date.
Entry to UK: Oct 2010

Staying over 4 years in UK by doing in-country extension for same employer.


My queries:

1) Is there a way to qualify for ILR under 5 year employment route as my initial WP and ICT overlapped? i.e. I applied for Tier 2 ICT before my WP expired. I could have travelled using WP. My ignorance/situations, my employer applied for ICT - Established Staff

2) If I try to apply for ILR as WP entrant, Is my continious period broken here?

3) Is there a way to combine WP and ICT and apply for ILR on Oct 2015 under 5 year employment route?

4) What is the possibility if I switch to Tier 2 - General visa now for another employer?


My heartful thanks to you if you could clarify my queries.

Dear Manci,

Thanks a lot for your reply and you gave me some insight and little hope. I do not have any other absenses. It is exactly 180 days as you have calculated.

I have 2 questions, kindly request you to provide advice.

1) In this case, if I apply my ILR application on 4-Apr-2015, In the first qualifying period, the absense of 180 days between 4-Apr-2010 and 01-Oct-2010 at the very beginning. I am not physically present in UK at the start of the first qualifying period. Is it acceptable? From which section of document you are referring or any successful proven case? I am sorry for these questions, but unfortunatey no solicitor is giving me clear information on my case.

2) Once a solicitor told me that I can apply after 5 years continious stay. i.e. He told that It may not be considered a break between WP and New ICT, but I needed to complete 5 years from 01-Oct-2010 and apply for ILR on 05-Sep-2015 (i.e. 28 days prior to completion of 5 years of stay). Does it sound better or am I loosing anything big? Please provide your valuable advice.

Thanks a lot.

[manci]

@KVP
read immigration rule 245GF(d)(I)
https://www.gov.uk/government/uploads/s ... _final.pdf

[KVP]

@KVP
read immigration rule 245GF(d)(I)
https://www.gov.uk/government/uploads/s ... _final.pdf

Dear Manci,

Thank you for the reference.. but this rule rule 245GF(d)(I) is for those who entered before 06-Apr-2010. For those who entered/applied before 06-Apr-2010 the entry clearance will say as "Tier 2 ICT Migrant".

1) For my case, it is "Work permit" which was valid at that time, but I was not in the country for initial 180 days. 245GF(d)(II) rule says about WP, will this be taken into consideration provided that I applied for "TIER 2 ICT - Established Staff" which is the Tier 2 Visa sub-category issued after 06-Apr-2010.

2) Once a solicitor told me that I can apply after 5 years continious stay. i.e. He told that It may not be considered a break between WP and New Tier 2 ICT - Established Staff, but I needed to complete 5 years from 01-Oct-2010 and apply for ILR on 05-Sep-2015 (i.e. 28 days prior to completion of 5 years of stay). Does it sound better or am I loosing anything big? Please provide your advise if this date of ILR is correct.

Please could you provide your adivice on these 2 queries?
Thanks a lot.

[manci]

@KVP
read immigration rule 245GF(d)(I)
https://www.gov.uk/government/uploads/s ... _final.pdf

Dear Manci,

Thank you for the reference.. but this rule rule 245GF(d)(I) is for those who entered before 06-Apr-2010. For those who entered/applied before 06-Apr-2010 the entry clearance will say as "Tier 2 ICT Migrant".

1) For my case, it is "Work permit" which was valid at that time, but I was not in the country for initial 180 days. 245GF(d)(II) rule says about WP, will this be taken into consideration provided that I applied for "TIER 2 ICT - Established Staff" which is the Tier 2 Visa sub-category issued after 06-Apr-2010.
no, because you fail on 245AAA (link as above)

2) Once a solicitor told me that I can apply after 5 years continious stay. i.e. He told that It may not be considered a break between WP and New Tier 2 ICT - Established Staff, but I needed to complete 5 years from 01-Oct-2010 and apply for ILR on 05-Sep-2015 (i.e. 28 days prior to completion of 5 years of stay). Does it sound better or am I loosing anything big? Please provide your advise if this date of ILR is correct.
the 5 year qualifying period must include leave under the rules before 5 April 2010

Please could you provide your adivice on these 2 queries?
Thanks a lot.

[KVP]

Thanks Manci.. in that case, I assume that I am not going to qualify for ILR at any date of application.

The huge mistake was done - I (my employer) applied for "Tier 2 ICT - Established Staff" visa even though I had a valid "WP" at that time. I could have travelled using WP, and could have lived with that for all these years.

All my searching now is to look for an option to combine WP and Tier2-Estabilished Staff, because both Visas are issued for same purpose - Intra company transfer, for same employer, for same project.

A big unfortunate. will need to live with that

Thank you for your valuable time and advice.

[manci]

@KVP
IMHO you will be eligibly to apply for ILR by post on 4 April 2015 - but only on that day. See my earlier post

[manini]

hi Manci and all,
My tier 2 ICT visa is from Jan 2011 and valid till July 2015. Can anyone help me get a sponsor?
2nd query is I am going back India in Jan, while I am in India, can still anyone sponsor me before Aug?
If not what are my options and any help is appreciated. I am open to negotiations and rates but priority is to stay here.
Thanks

[KVP]

@KVP
IMHO you will be eligibly to apply for ILR by post on 4 April 2015 - but only on that day. See my earlier post

HI Manci,

I got your point, Thanks for your patience in replying to all my queries.. I really appreciate it

I called to UKBA again and put up my dates once again.

ILR date 01-Apr-2015:
The customer care personal told me that WP (issued for intra company transfer) will not be taken into account because the break in WP (before first qualifying period) was more than 180 days, so it breaks the continuity entirely. He told that the date of previous departure will be considered (i.e. even before qualifying period) if my WP is being considered. Note: He couldn't highlight any rule, when I asked for the section/rule.

ILR application date after Sep''2015:

he told me that it is upto caseworker to decide.
WP - issued for intra company transfer.
T2 ICT - issued for intra company transfer while WP was still valid. he told that I may need to provide enough evidence on why I applied T2 ICT though my WP was valid for intra company transfer.

[ash1301]

Hi Macchi,

On the same lines, need your expertise about my VISA extension under ICT Tier2 & applying for ILR.

My case -

My VISA is valid from 17/05/2010 (as mentioned in the VISA stamp) & I arrived in the UK on 24/05/2010.
Since then I have got my visa extended twice under ICT Tier 2 Long Term & my current extension is expiring on 31/05/2015, which would be exactly 5 yrs & 14 days in the UK

I have got the following queries -

1. Can I apply for ILR after May'15
2. Can I apply for VISA extension under ICT Tier 2 after May'15 staying in the UK
3. Can I apply for Tier 2 General after May'15 to stay back in the UK
4. If I have to go back, can I immediately apply under ICT Tier 2 Short term to come back

Many thanks in advance for your help here..!

Cheers

[ash1301]

There will be a change in the Immigration Rules announced by Statement of Changes HC693 published on 16 October 2014. It will come into effect on 6 November 2014.

For those who are allowed to switch from T2 ICT to T2G, i.e. whose initial entry clearance was applied for before 6 April 2011, the 6 year cap on their stay on T2G will no longer include their time on T2 ICT leave.

This will also have a bearing on ILR eligibility on the 5 year route and it will enable some to apply for ILR which under the previous rules, which will continue to remain in force until 5 November 2014, they couldn't.

The actual change in the Immigration Rules:

In paragraph 245HE(a)(iv), after “as a Tier 2 Migrant” insert “(other than as a Tier 2 (Intra-Company Transfer) Migrant)”.

and the explanation:

It is not possible for applicants to switch from the Tier 2 (Intra-Company Transfer) category to other Tier 2 categories within the UK, unless they entered under the Tier 2 (Intra-Company Transfer) rules in place before 6 April 2011. 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.

Hi Macchi,

On the same lines, need your expertise about my VISA extension under ICT Tier2 & applying for ILR.

My case -

My VISA is valid from 17/05/2010 (as mentioned in the VISA stamp) & I arrived in the UK on 24/05/2010.
Since then I have got my visa extended twice under ICT Tier 2 Long Term & my current extension is expiring on 31/05/2015, which would be exactly 5 yrs & 14 days in the UK

I have got the following queries -

1. Can I apply for ILR after May'15
2. Can I apply for VISA extension under ICT Tier 2 after May'15 staying in the UK
3. Can I apply for Tier 2 General after May'15 to stay back in the UK
4. If I have to go back, can I immediately apply under ICT Tier 2 Short term to come back

Many thanks in advance for your help here..!

Cheers

[tarkinc]

Hi Manci

My situation is tricky now i guess.

My first visa given was - Tier 2 (ICT) Established Staff dated 11/02/2011 valid till 22/02/2014;
and i have arrived to the UK on 2 Mar 2011 and spent most of the time here in UK apart from my holidays and some official visits (less than 5 months combined);

Late in 2013 i have applied for extension with same employer and was given a residence permit; the details are
Date of issue -9/01/2014; valid till 14/01/2015 and the type is T2 ICT Long term Leave to Remain.

Now the issue is, i was trying to get into a different company and but they think i cant switch from T2 ICT to T2G and need the cooling period of 12 months in my home country.

After going through quite a lot of forums and pages i was/am under impression that my initial visa category (T2 ICT - Established staff) is the one to be taken for switching/extension;

Now my current visa about to expire, i need to make a quick decision about extending (tough at the moment) the ICT or convince/explain the new employer (*) that i will be able to switch to T2 G and get a CoS.

Please advice
# If I can switch to T2G while in UK?
# should i say I’m a T2 ICT established staff or LT?
# Will I be eligible for ILR and if yes roughly when?

[manci]

Hi Manci

My situation is tricky now i guess.

My first visa given was - Tier 2 (ICT) Established Staff dated 11/02/2011 valid till 22/02/2014;
and i have arrived to the UK on 2 Mar 2011 and spent most of the time here in UK apart from my holidays and some official visits (less than 5 months combined);

Late in 2013 i have applied for extension with same employer and was given a residence permit; the details are
Date of issue -9/01/2014; valid till 14/01/2015 and the type is T2 ICT Long term Leave to Remain.

Now the issue is, i was trying to get into a different company and but they think i cant switch from T2 ICT to T2G and need the cooling period of 12 months in my home country.

After going through quite a lot of forums and pages i was/am under impression that my initial visa category (T2 ICT - Established staff) is the one to be taken for switching/extension;

Now my current visa about to expire, i need to make a quick decision about extending (tough at the moment) the ICT or convince/explain the new employer (*) that i will be able to switch to T2 G and get a CoS.

Please advice
# If I can switch to T2G while in UK?
You are allowed to switch in-country, there is no cooling-off. Your prospective new employer doesn't seem to know the rules, refer them to the T2 policy guidance, para 15:
https://www.gov.uk/government/uploads/s ... e_v0_6.pdf
Also, make sure that they have a sponsor licence

# should i say I’m a T2 ICT established staff or LT?
you are currently T2 ICT LT STAFF but your initial leave was T2 ICT Established Staff and that is why you are eligible to switch.

# Will I be eligible for ILR and if yes roughly when?
5 years after you switched to T2G

[tarkinc]

Thanks! you are the best!