Can someone apply switching to Tier 1 (G) from Tier2 from UK

[tier1_aspirant_del]

Hi,

In the sticky tag http://www.immigrationboards.com/viewtopic.php?t=60575 I noticed that some people have applied to switch from Tier 2 to Tier 1 (General). My understanding is that from April 1st 2011 nobody can apply for Tier 1 (General) except those already in Tier 1 (G) and wish to extend their stay.

Can someone please clarify this point? A friend of mine is looking to switch to Tier 1 (General) and he is currently on Tier 2 (ICT).

Thanks.

[geriatrix]

No.

You can apply to extend your stay in the UK under Tier 1 (General) if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories:
- highly skilled migrant
- writer, composer or artist
- self-employed lawyer
- Tier 1 (General)
- Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).

If you are not in one of the categories above, you cannot apply to Tier 1 (General).

[abbaskhambaty]

From the UK Border Agency website, I understand the Highly skilled Migrants can still apply for Tier 1 General Visa and Tier 2 ICT visa is listed under Highly skilled Migrants . http://www.ukba.homeoffice.gov.uk/settl ... iew=Simple#

however, with almost everyone stating that application to Tier 1 General is closed post 6-Apr-2011, i am not sure if i should apply.
any suggestions are most appreciated

[geriatrix]

Read the text quoted in the post above yours ... carefully!

[abbaskhambaty]

hi, exactly my point and confusion

it says you are eligible to apply for tier 1 general, "if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories:
- highly skilled migrant "

and Tier 2 ICT visa falls under highly skilled migrant.

so does this not qualify for Tier 1 visa?

[geriatrix]

Person with leave to enter / remain under "Highly Skilled Migrant" category is completely different from a person with leave to enter / remain under "Tier 2" immigration category.

Whether you consider a "Tier 2 migrant" as a "highly skilled" migrant or not is irrelevant. It is the person's current immigration status that is of relevance here, not his intellectual ability!

If a migrant's current immigration status is one of the different categories listed, only then can he apply for leave to remain as Tier 1 (General).

[abbaskhambaty]

I am sorry for being adamant about this, however I just want to clear it once and for all

so this link
http://www.ukba.homeoffice.gov.uk/settl ... iew=Simple#
it says -
You are a 'skilled or highly skilled migrant' if you are currently in one of the following immigration categories:

Tier 1 (Exceptional talent)
Tier 1 (General)
Tier 1 (Entrepreneur)
Tier 1 (Investor)
Tier 2 (Intra company transfer)

[geriatrix]

You are wishing for a suitable answer without paying (any) attention to what is documented / being told to you.

In simple words, and as has been mentioned multiple times in the topic - you cannot switch (245CA). Period!

[xpscapable]

I am sorry for being adamant about this, however I just want to clear it once and for all

Tier 2 ICT is not HSMP. What UKBA means by "highly skilled migrants" is old HSMP scheme which was superseded by Tier 1.

Tier 2 is the replacement for the Work Permit scheme.

[abbaskhambaty]

@xpscapable - what you are saying makes sense, however i am very surprised that they are not specifc enough on this front!

[vinny]

245CA(f) is specific. It didn't include Tier 2 (Sponsored skilled workers).

so this link
http://www.ukba.homeoffice.gov.uk/settl ... iew=Simple#
it says -
You are a 'skilled or highly skilled migrant' if you are currently in one of the following immigration categories:

You're forgetting the words 'skilled or' before 'highly skilled migrant'. Tier 2 belongs under the 'skilled' category.