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Switch Tier2 ICT to Skilled Worker InCountry

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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SR007
Newly Registered
Posts: 5
Joined: Fri May 21, 2021 9:11 am
India

Switch Tier2 ICT to Skilled Worker InCountry

Post by SR007 » Fri May 21, 2021 9:52 am

Hello,

I am currently in UK on Tier2 ICT visa and going to get sponsored for a new visa (Skilled Worker) by my new employer. I had a few questions related to visa:

My current ICT visa COS expires on Aug 28, and corresponding visa/BRP expires 14 days later on Sep 11.
My new employer will put Work Start Date as Aug 15 in my new Skilled Worker COS.

Qn 1) Will my existing COS (ICT visa) get automatically end-dated on Aug 14 as soon as my new employer assigns new COS to me with Work Start Date as Aug 15?

Qn 2) Or will my existing COS (ICT visa) get end-dated on Aug 14 only once I submit my new Skilled Worker visa Application and Home Office approves my new visa?

Qn 3) In a worst case scenario if my new Skilled Worker visa application is rejected by Home Office, will my existing ICT visa COS (originally valid until Aug 28) still be valid until Aug 28, or would it have already got end-dated on Aug 14 due to my new visa application?

Qn 4) I am planning to go for Priority Visa application to get decision within 5 working days for new visa, so that I can give 2 months notice to my current employer. If I attend Biometrics early (in June) and hopefully get visa approved decision by June 15, so will my old BRP (ICT visa) get cancelled immediately and new BRP (Skilled Worker) will be valid from June 15 onwards?


Qn 5) My Work Start date in my new COS with new employer will be 2 months later (Aug 15), hope I can still serve my notice period with my current employer (ICT visa sponsor) from Jun 15 to Aug 14, after my new Skilled Worker visa is approved on June 15?

Thanks!!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switch Tier2 ICT to Skilled Worker InCountry

Post by manci » Fri May 21, 2021 10:08 am

Your ICT visa will be cancelled when your SW visa application is granted but you are allowed to continue working for your ICT sponsor until the work start date given in your new SW CoS (but not beyond).
Personal opinion, not professional or legal advice

SR007
Newly Registered
Posts: 5
Joined: Fri May 21, 2021 9:11 am
India

Re: Switch Tier2 ICT to Skilled Worker InCountry

Post by SR007 » Fri May 21, 2021 10:24 am

Thanks manci !! Understood- so that means my new SW visa approval on June 15 would mean I would be having the new BRP from that date onwards, but I am allowed to continue working for my ICT sponsor until the Work Start Date on new COS.

Could you also help me with the negative scenario (Qn 3) - ie, if at all my SW visa application gets rejected? Will my existing ICT COS still hold valid until its original end-date?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switch Tier2 ICT to Skilled Worker InCountry

Post by manci » Fri May 21, 2021 12:20 pm

SR007 wrote:
Fri May 21, 2021 10:24 am
I would be having the new BRP from that date onwards, but I am allowed to continue working for my ICT sponsor until the Work Start Date on new COS.
Not sure what the actual start date will be on the new BRP, and when you'll get it, but you are allowed to work for your current sponsor until the work start date in the new CoS.

Note that if there is any delay getting your new visa you may not be able to complete the full 2 month notice period.
SR007 wrote:
Fri May 21, 2021 10:24 am
if at all my SW visa application gets rejected? Will my existing ICT COS still hold valid until its original end-date?
A refusal of your new visa application would have no bearing on your current ICT visa
Personal opinion, not professional or legal advice

SR007
Newly Registered
Posts: 5
Joined: Fri May 21, 2021 9:11 am
India

Re: Switch Tier2 ICT to Skilled Worker InCountry

Post by SR007 » Fri May 21, 2021 1:41 pm

okay, got it. Thanks very much.

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