Tier 2 ICT Established Staff to Tier 2 General

[asd1301]

Hi,

My initial UK visa category was “Tier 2 ICT Established Staff” effective from 17/05/2010 & since then I am with the same employer & have been extending my VISA from within the UK. I am currently on a valid “Tier 2 ICT Long Term” Visa till 14/06/2018.

I have got the following queries & need your kind advise –

1. Can I switch to Tier 2 General VISA from within the UK, as my initial VISA category was “Tier 2 ICT Established Staff” under the immigration rules in place before April 2011.
2. Can I switch to Tier 2 General VISA from outside the UK. Will there be any cooling period for it.
3. If my current employer withdraws my “Tier 2 ICT” sponsorship & leave to remain, while I am in the UK, for how many days I can legally stay in the UK.
4. Can I make the Tier 2 general application from within the UK within the grace period, if my Tier 2 ICT sponsorship/leave to remain is withdrawn.

Many thanks in advance for your response

[poper]

Hi,

My initial UK visa category was “Tier 2 ICT Established Staff” effective from 17/05/2010 & since then I am with the same employer & have been extending my VISA from within the UK. I am currently on a valid “Tier 2 ICT Long Term” Visa till 14/06/2018.

I have got the following queries & need your kind advise –

1. Can I switch to Tier 2 General VISA from within the UK, as my initial VISA category was “Tier 2 ICT Established Staff” under the immigration rules in place before April 2011.
Yes
2. Can I switch to Tier 2 General VISA from outside the UK. Will there be any cooling period for it.
12 months cool off applies.
3. If my current employer withdraws my “Tier 2 ICT” sponsorship & leave to remain, while I am in the UK, for how many days I can legally stay in the UK.
60 days from the day HO sends a curtailment letter. It usually takes a few weeks/months for HO to send this
4. Can I make the Tier 2 general application from within the UK within the grace period, if my Tier 2 ICT sponsorship/leave to remain is withdrawn.
Yes

Many thanks in advance for your response

[asd1301]

Thanks for your reply.

Just to clarify to #2 - Can I switch to Tier 2 General VISA from outside the UK. Will there be any cooling period for it.?

Assuming if I go back to India & quit my current employer, so my Tier ICT leave will also be revoked/withdrawn. In that case, can I apply for a job in the UK under Tier 2 General, without any cooling off period, as I am under the rules before April 2011? I assume this wont be a 'switch' rather it would be a 'new' application.

[asd1301]

Thanks for your reply.

Just to clarify to #2 - Can I switch to Tier 2 General VISA from outside the UK. Will there be any cooling period for it.?

Assuming if I go back to India & quit my current employer, so my Tier ICT leave will also be revoked/withdrawn. In that case, can I apply for a job in the UK under Tier 2 General, without any cooling off period, as I am under the rules before April 2011? I assume this wont be a 'switch' rather it would be a 'new' application.

[poper]

Thanks for your reply.

Just to clarify to #2 - Can I switch to Tier 2 General VISA from outside the UK. Will there be any cooling period for it.?

Assuming if I go back to India & quit my current employer, so my Tier ICT leave will also be revoked/withdrawn. In that case, can I apply for a job in the UK under Tier 2 General, without any cooling off period, as I am under the rules before April 2011? I assume this wont be a 'switch' rather it would be a 'new' application.

The rules are stringent I am afraid. As already mentioned a 12 month cool off period applies unless,
-your proposed salary is >£155,300
-you were not in the UK though you had a valid leave in the last 12 months

Read point 73 of Tier 2 policy guidance

https://www.gov.uk/government/uploads/s ... 4_2016.pdf

[CR001]

Assuming if I go back to India & quit my current employer, so my Tier ICT leave will also be revoked/withdrawn. In that case, can I apply for a job in the UK under Tier 2 General, without any cooling off period, as I am under the rules before April 2011? I assume this wont be a 'switch' rather it would be a 'new' application.

It is only a 'switch' if you apply WITHIN the UK. Applying from abroad is a new entry clearance visa.

[asd1301]

Thanks for your reply.

Just to clarify to #2 - Can I switch to Tier 2 General VISA from outside the UK. Will there be any cooling period for it.?

Assuming if I go back to India & quit my current employer, so my Tier ICT leave will also be revoked/withdrawn. In that case, can I apply for a job in the UK under Tier 2 General, without any cooling off period, as I am under the rules before April 2011? I assume this wont be a 'switch' rather it would be a 'new' application.

The rules are stringent I am afraid. As already mentioned a 12 month cool off period applies unless,
-your proposed salary is >£155,300
-you were not in the UK though you had a valid leave in the last 12 months

Read point 73 of Tier 2 policy guidance

https://www.gov.uk/government/uploads/s ... 4_2016.pdf

Many thanks for the clarification

[asd1301]

Hi,

I have one related query following the above -

Assuming I resign from my current employer, I will be able to stay for 60 more days in the UK & is also eligible to switch to Tier 2 General.

1. Is it safe to resign on the basis of getting the offer letter or shall I wait to get the COS as well from the new employer.

2. Also, is there a way through which the employer can request an urgent COS, if yes, how do they go about it & usually how long it takes.

3. I heard that while applying Tier 2 General, we need to provide some evidence for the English Language ability/education. My education has been throughout in the English whilst I was in India but how do I prove it. Do we need some kind of letter from the university or is it mandatory to get the documents verified from NARIC

Many thanks in advance for your reply.

Thanks

[asd1301]

Hi,

I have one related query following the above -

Assuming I resign from my current employer, I will be able to stay for 60 more days in the UK & is also eligible to switch to Tier 2 General.

1. Is it safe to resign on the basis of getting the offer letter or shall I wait to get the COS as well from the new employer.

2. Also, is there a way through which the employer can request an urgent COS, if yes, how do they go about it & usually how long it takes.

3. I heard that while applying Tier 2 General, we need to provide some evidence for the English Language ability/education. My education has been throughout in the English whilst I was in India but how do I prove it. Do we need some kind of letter from the university or is it mandatory to get the documents verified from NARIC

Many thanks in advance for your reply.

Thanks

Team - Awaiting your kind advise here.

[poper]

Hi,

I have one related query following the above -

Assuming I resign from my current employer, I will be able to stay for 60 more days in the UK & is also eligible to switch to Tier 2 General.

1. Is it safe to resign on the basis of getting the offer letter or shall I wait to get the COS as well from the new employer.
No. You need to resign only on obtaining your Tier 2 G. Obtaining a COS alone gives you no guarantee on your Tier 2 application

2. Also, is there a way through which the employer can request an urgent COS, if yes, how do they go about it & usually how long it takes.
I believe this only takes a few minutes provided the employer has unused quota

3. I heard that while applying Tier 2 General, we need to provide some evidence for the English Language ability/education. My education has been throughout in the English whilst I was in India but how do I prove it. Do we need some kind of letter from the university or is it mandatory to get the documents verified from NARIC

Many thanks in advance for your reply.

Thanks

Team - Awaiting your kind advise here.

[poper]

In addition, read through the below. it might help:

http://www.immigrationboards.com/uk-tie ... 69661.html

[asd1301]

Thanks Popper for your kind advise.

On the same lines, I have a related query -

If I had to go back to India, I understand that I won't be able to switch to Tier 2 General from there. However, my ICT leave is valid till 2018 & if my company doesn't revoke it, can I come down to the UK on my own on the same ICT leave (without notifying my current employer) and apply for Tier 2 general from here (assuming my get my offer letter, COS etc from the new employer)? Is this possible/legal.

[poper]

Thanks Popper for your kind advise.

On the same lines, I have a related query -

If I had to go back to India, I understand that I won't be able to switch to Tier 2 General from there. However, my ICT leave is valid till 2018 & if my company doesn't revoke it, can I come down to the UK on my own on the same ICT leave (without notifying my current employer) and apply for Tier 2 general from here (assuming my get my offer letter, COS etc from the new employer)? Is this possible/legal.

That's a very risky route and I think the chances of being refused entry at the UK port are high.

1. If your employer thinks they no longer need you in the UK, they could let HO know about it after you leave. HO would then cancel your visa. You will then be refused re-entry at UK immigration though you think you might be holding a valid BRP
2. Even if HO do not cancel your visa, if the Immigration officer at the port of entry has the slightest of doubts they could contact your employer putting you into trouble.

[amit1_ait]

Hi There,

I am also in a similar situation (as the submitter of this post) i.e. currently on a tier-2 ICT long term Visa (originally granted prior to April'2011 rules under 'Established Staff' category.

I am now looking to switch to Tier 2 general category from within UK. My query is would my new sponsor require to do 'Resident Labour Market Test' before issuing a COS in my case?
Assuming the job being offered is not listed under 'shortage occupation list'


Thanks for your reply & help

[chags]

Hello,

with recent changes to ICT Tier 2 - Short Term visas in late 2016 was curious to know, will it effect the cooling period which currently stands for short term visas since it's gonna be dis-carded completely come April 2017.

Is it something anyone can advice/put some light on...would be of great help.

[poper]

Hi There,

I am also in a similar situation (as the submitter of this post) i.e. currently on a tier-2 ICT long term Visa (originally granted prior to April'2011 rules under 'Established Staff' category.

I am now looking to switch to Tier 2 general category from within UK. My query is would my new sponsor require to do 'Resident Labour Market Test' before issuing a COS in my case?
Assuming the job being offered is not listed under 'shortage occupation list'


Thanks for your reply & help

Yes, RLMT is mandatory unless job is under shortage occupation list and/or proposed salary is > £155,000

http://www.immigrationboards.com/uk-tie ... 98916.html

[poper]

Hello,

with recent changes to ICT Tier 2 - Short Term visas in late 2016 was curious to know, will it effect the cooling period which currently stands for short term visas since it's gonna be dis-carded completely come April 2017.

Is it something anyone can advice/put some light on...would be of great help.

I don't think any changes are proposed. Hope you know that you can apply for Tier 2 ICT Long term from home country without cool-off period

[chags]

Hello,

with recent changes to ICT Tier 2 - Short Term visas in late 2016 was curious to know, will it effect the cooling period which currently stands for short term visas since it's gonna be dis-carded completely come April 2017.

Is it something anyone can advice/put some light on...would be of great help.

I don't think any changes are proposed. Hope you know that you can apply for Tier 2 ICT Long term from home country without cool-off period

Thanks for the reply - poper

Yup I know I can be back with no cooling off for ICT Long Term visa. Your reply on same is much appreciated.