Tier 2 ICT Long term staff Migrant to Tier 2 General.

[Saad_1236]

Hi,

I had a Tier 2 ICT (Short term visa)
Validity: July'12 to July'13. My Company offered me to move for tier 2 ICT (Long term staff) for continuation of my support in UK.

However If for an example I apply for Tier 2 ICT Long term staff migrant visa in Sep'13 - after 6 months if I get another opportunity who can give me sponsorship for Tier 2 general.

In this case, Am I able to apply/switch to tier 2 general (with change in sponsor)? Is there any cooling off period am I going to trap in?

_________________
Thanks and Regards,
Saad

[manci]

Hi,

I had a Tier 2 ICT (Short term visa)
Validity: July'12 to July'13. My Company offered me to move for tier 2 ICT (Long term staff) for continuation of my support in UK.

However If for an example I apply for Tier 2 ICT Long term staff migrant visa in Sep'13 - after 6 months if I get another opportunity who can give me sponsorship for Tier 2 general.

In this case, Am I able to apply/switch to tier 2 general (with change in sponsor)?Is there any cooling off period am I going to trap in?
you would not be able to switch in-country and cooling off would apply
Thanks and Regards,

MODERATORS
Please move this thread to Tier 2
Saad

[bobby1979]

Can you please help my with my queries?

My TIER2 ICT (MIGRANT) visa is issue on April 5th 2010 and came to UK on May 1 2010.
I left UK Feb 27th 2011 and after 10 months again came back to UK on same TIER2 ICT visa on JAN 16th 2012.TIER2 ICT visa is extended in UK in April 2012 and valid till April 2014. I am staying continuesly from Jan 2012 to till date.My Tier2 ICT is going to expire on April 2014..My TIER2 ICT sponsor will not process ILR so ..Before expire my visa..

I would like to know if i am able to switch to TIER2 ICT to TIER2 GENERAL without leaving UK?

Am I eligible for ILR even after i switch to TIER2 GENERAL?
If i am eligible to ILR under TIER2 GENERAL,when can i apply for ILR i mean my TIER2 ICT is counts 5 years period for ILR?

Thanks
Bobby.

[manci]

@bobby1979

You can switch to T2G and your time under T2 ICT will count for the 5 year continuous lawful period that is required for ILR provided the other requirements are also satisfied. Read p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You will be eligible for ILR in 2015 but you will have to time your application in such a way that the 10 months (approx. 323 days) absence is broken up so that no absence is longer than 180 days in any of the 12 month periods calculated backwards from the date of your ILR application. On this basis the earliest you can apply will be sometime in August 2015 - you'll have to work out the exact window in which you can apply.

[bobby1979]

Thank you very much giving me hopes on my ILR.

If I switch from TIER2 ICT to TIER2 GENERAL next month,Am I eligible for ILR in August 2015 or should i wait another 5 years for ILR from the date i switch to TIER2 GENERAL?

[manci]

already answered - see above. Switching to T2G will not affect your eligibility for ILR in 2015

[Raj5]

@bobby1979

You can switch to T2G and your time under T2 ICT will count for the 5 year continuous lawful period that is required for ILR provided the other requirements are also satisfied. Read p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You will be eligible for ILR in 2015 but you will have to time your application in such a way that the 10 months (approx. 323 days) absence is broken up so that no absence is longer than 180 days in any of the 12 month periods calculated backwards from the date of your ILR application. On this basis the earliest you can apply will be sometime in August 2015 - you'll have to work out the exact window in which you can apply.

Hi Manci,
The policy guidance of Tier 2 says following:
"• Tier 2 (Intra-Company Transfer: Established Staff) if you
are applying to change sponsor1

• Tier 2 (Intra-Company Transfer), under the rules in place
before 6 April 2010 if you are applying to change sponsor1"

It appears from the said guidance that the applicant on Tier 2 (ICT) cant switch in to Tier 2 General only if he is applying to change sponsor. If sponsor remains same then he can not switch into Tier 2 (General).

[manci]

Bobby1979 did say that he wanted to apply for ILR but his present sponsor wouldn't support his ILR application - that is why he wants to change sponsor and switch to T2G.

[Bhags]

Hi Manci

situation:
I am currently on tier 2 ict (long term staff) since jan 2010. and ILR is due in dec 2014.

question:
if I try to switch to tier 2 general from other sponser(because of no project with my current employer), do my dependents have to apply to change their visa also ?

Thanks

[Bhags]

Hi Manci

situation:
I am currently on tier 2 ict (long term staff) since jan 2010. and ILR is due in dec 2014.

question:
if I try to switch to tier 2 general from other sponser(because of no project with my current employer), do my dependents have to apply to change their visa also ?

Thanks

Can any one please answer this ?

[Sinsuri]

Hi Manci,

I am on ICT long term visa granted on June-2013 from India.

1. Will cooling period apply, if I have to file application for Tier2 General visa category?
2. I have read that fresh application has to be made from India, is this correct?
3. How long visa stamping take from the date of visa application?

Request you to kindly reply back above queries.

Regards
S Singh

[manci]

@Sinsuri
to change from T2 ICT to T2G you will have to apply from India not earlier than 12 months after your return from the UK (cooling-off). Visa processing times at various centres are posted on the UKBA website

[susan0x]

I came in UK on Tier 2 ICT (Migrant) stamped on 20-Apr-2010 (Applied before 05-Apr-2010) and came in uk in May-2010 to Nov-2010 (My visa still valid till Dec-2011)
Second, I came again on Tier 2 ICT in Jul-2011 (Fresh Visa from the same employer) and I am here thereafter.

As per consecutive 12 months rule, I am out of 180 days’ time limit. But I want to know in this case, am I eligible for PR in May 2015

[manci]

@susan0x
what was the reason for your absence Nov 10 - July 11?

[susan0x]

Thanks Manci... thanks for your prompt response

It was for the company assignment at offshore but I have been paid in the local currency during that period. My company can provide the letter for my presence in offshore and my requirement here in future.

[manci]

@susan0x
why did you apply for a new visa in July 2011 when you still had leave until Dec 2011?

[Laxmikant]

Hi Manci,

I had a Tier 2 ICT (Short term visa) Validity: July'11 to July'12.
My Company offered me to move for tier 2 ICT (Long term staff) .
Now I have ICT long term ( Nov 12 to June 14).

Is it possible to get it converted into Tier 2 general or any other category so that after 5 years I can apply for ILR.

[susan0x]

@susan0x
why did you apply for a new visa in July 2011 when you still had leave until Dec 2011?

@Manci, I was not aware about these rule and my office travel desk asked me to raise a travel request and fill the VISA form..... I am working for a big MNC and its client where I am deputed in UK is also a big one and they also dont want to lose me.... any letter will not be a problem from both organizations.... is it possible to get ILR with any kind of letter from these organizations??

[manci]

@susan0x
Counted backwards from the time of the application for settlement the absence in each 12 month period must not exceed 180 days. Your long absence Nov 10 - July 11 (approx. 8 months) has to be broken up into two absences none of which is longer than 180 days. This can be achieved by the judicious timing of your application. You didn't give the actual dates of the long absence but it seems that the earliest you could apply would be sometime in Sept 2015.

Have a look at p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

the actual relevant immigration rules are in paras 245AAA and 245GF:
https://www.gov.uk/government/uploads/s ... art_6A.pdf

[susan0x]

@susan0x
Counted backwards from the time of the application for settlement the absence in each 12 month period must not exceed 180 days. Your long absence Nov 10 - July 11 (approx. 8 months) has to be broken up into two absences none of which is longer than 180 days. This can be achieved by the judicious timing of your application. You didn't give the actual dates of the long absence but it seems that the earliest you could apply would be sometime in Sept 2015.

Have a look at p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

the actual relevant immigration rules are in paras 245AAA and 245GF:
https://www.gov.uk/government/uploads/s ... art_6A.pdf

Thanks Manci...... thanks for your responses....

My absense breakdown is as beow:

Year No Start Date End Date Break Start Break END Diff (in days) Reason
Year 5 03-May-14 03-May-15
Year 4 03-May-13 03-May-14
Year 3 03-May-12 03-May-13 15-Nov-12 17-Dec-12 32 Annual Leave
Year 2 03-May-11 03-May-12 04-May-11 10-Jul-11 67 Company Assignment
Year 1 03-May-10 03-May-11 01-Dec-10 03-May-11 153 Company Assignment

But Manci, as I told you I got a fresh visa in Jul 2011..... then also it would be possible.... if yes, what type of letters are required from the company. please let me know....
thanks

[manci]

@susan0x
Counted backwards from the time of the application for settlement the absence in each 12 month period must not exceed 180 days. Your long absence Nov 10 - July 11 (approx. 8 months) has to be broken up into two absences none of which is longer than 180 days. This can be achieved by the judicious timing of your application. You didn't give the actual dates of the long absence but it seems that the earliest you could apply would be sometime in Sept 2015.

Have a look at p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

the actual relevant immigration rules are in paras 245AAA and 245GF:
https://www.gov.uk/government/uploads/s ... art_6A.pdf

Thanks Manci...... thanks for your responses....

My absense breakdown is as beow:

Break Start Break END Total Absence Reason
Year 5 03-May-15 03-May-14
Year 4 03-May-14 03-May-13
Year 3 03-May-13 03-May-12 15-Nov-12 17-Dec-12 32 Paid Leave
Year 2 03-May-12 03-May-11 04-May-11 10-Jul-11 67 Company Assignment
Year 1 03-May-11 03-May-10 01-Dec-10 03-May-11 153 Company Assignment
your absences are less than 180 days in each 12 month period, so you can apply 28 days before 3 May 2015

But Manci, as I told you I got a fresh visa in Jul 2011..... then also it would be possible.... if yes, what type of letters are required from the company. please let me know....
no special letter will be required w.r.t the fresh visa application in July 2011 - see 245AAA(a)(ii). The only letters your sponsor will need to provide are as per 245GF(e) and 245GF-SD B
thanks

[susan0x]

Thanks a lot Manci, you solved my problem...... one more thing and my last question, I need to know... as My Visa starts from 20-Apr-2010 and I landed here on 3-May-2010..... so can I apply 28 days before 20-Apr-21010 or 28 days before 3-May-2010......

[manci]

Thanks a lot Manci, you solved my problem...... one more thing and my last question, I need to know... as My Visa starts from 20-Apr-2010 and I landed here on 3-May-2010..... so can I apply 28 days before 20-Apr-21010 or 28 days before 3-May-2010......

There is a concession that would definitely allow you to apply 28 days before 20 Apr 2015 (not 2010!) if you needed the extra days because your leave was running out. However, some people on the forum reported that they applied 28 days before the 5th anniversary of the start date of their initial visa, rather than the date of their first arrival in the UK, even though that wasn't the case and their application was granted.

[susan0x]

Thanks Manci.... Thanks a lot.... sorry for the dates..... but one of my colleague has recently applied for ILR in the same scenario. His gap between visa stamp & UK landing was around 60 days.... actually this gap should not be more than 90 days..... he has all the emails and documents downloaded from UKBA website.

One more request from my side, is it possible for you to provide the template letter as per 245GF(e) and 245GF-SD B from my sponsor. That would be very very great........

Thankyou very much

[manci]

not aware of any template letter - just ask the employer to write down what is asked for.