In UK Tourist to Tier 2 ICT

[Jack404]

Hi All,
I'm an Australian so can stay in the UK as a tourist for 6months without a visa.

Can I apply for a Tier 2 ICT visa from within the UK as an Australian tourist without a visa? It does not seem to be considered switching in the guidance documentation.

Thankyou for your help.

[CR001]

Can I apply for a Tier 2 ICT visa from within the UK as an Australian tourist without a visa?

No you cannot.

It does not seem to be considered switching in the guidance documentation.

You cannot apply to 'switch' to any other UK visa category while in the UK as a visitor.

Why Tier 2 ICT?? Do you mean Tier 2 General??

[Jack404]

Thanks for the reply.

I am temporarily in Ireland, so I want to go setup in London whilst my visa is sorted.

The company I work for in Australia, is a UK based company hence, Tier 2 ICT.
However there seems to be very little difference between General and ICT.

[CR001]

However there seems to be very little difference between General and ICT.

The biggest difference is that you cannot apply for ILR/PR on ICT where as you can on Tier 2 General, if the ultimate goal is to settle in the UK.

ICT allows 5 years and 1 month if earning under £120k and Tier 2 General allows 6 years.

ICT you cannot switch to Tier 2 General with another employer.

[Jack404]

OK,

I also note that the points required for ICT is 60, General is 70.
I don't believe a criminal check is needed for ICT.
And minimum salary requirements are lower on General.

Can I complete the biometric in the UK?

So I assume I can still go to UK on a tourist visa. Leave to Ireland for a day or two prior to returning to UK 15days prior to work start date on the ICT Visa.

Thanks CR001!

[CR001]

Can I complete the biometric in the UK?

No. You complete them in the country you apply in when you submit your documents.

So I assume I can still go to UK on a tourist visa. Leave to Ireland for a day or two prior to returning to UK 15days prior to work start date on the ICT Visa.

On what visa are you in Ireland?? An ICT takes a bit longer than 2 days to process as far as other members report.

[Jack404]

I'm on a 3 month tourist visa. I am not working at the moment.

Yes ok, I will need to stay longer and wait for the return of my passport. Or pay 70 euro to keep passport during the decision making process... What a money racquet.

[Akorotaeva]

As far as I know you can’t apply if you’re on a tourist visa for any work-related visas.

In any case, the process can take weeks/months, depending on how you apply.

[CR001]

As the previous user has stated, you must apply in your country of residence or a country of residence where you are not a visitor.

[Jack404]

Wow that is a surprise. Can you please point me to the documentation/guidance material that states this.

[CR001]

https://www.gov.uk/government/publicati ... the-policy

2. Applications for other entry clearance
Applications for other types of entry clearance (except for Tier 5) should be made in your country of residence. ‘Country of residence’ might not be your country of origin and refers to wherever you have permission to live, for example for work or study purposes. Many countries issue overseas nationals with residency cards in these circumstances. If you have permission to stay in a country as a visitor for 6 months, for example, you are not a resident.

[Jack404]

OK if you're from Europe. Back to Australia is not practical, and down right absurd.

As I understand it, there is a possibility the decision is at the discretion of the immigration officer. This is of course a big risk that if does not work would lose the application fee.

Any one else ever apply for a Tier 2 Visa from out of the UK, but not in their country of residence.

Thanks

[Akorotaeva]

You simply can’t apply outside of your home country unless you have residence in the country you are currently in. They won’t accept your application: you need to prove you have a right of residence when applying.

[CR001]

Back to Australia is not practical, and down right absurd.

This is not HO's concern to be honest.

You also state you are currently not working. Are you currently employed in Australia and getting paid as you would need to provide evidence of this for an ICT visa??

I'm on a 3 month tourist visa. I am not working at the moment.

Yes ok, I will need to stay longer and wait for the return of my passport. Or pay 70 euro to keep passport during the decision making process... What a money racquet.

[Jack404]

Back to Australia is not practical, and down right absurd.

This is not HO's concern to be honest.

I know, but still... fair go and all that.

I am on leave without pay. However recent payslips may also be a problem. Though my company would be happy to go the Tier 2 (General) path as well.

I also have another option of EEA family permit unmarried non-EU. My fiancée is Irish and has just been offered a job in the UK. As I read the entrance regulations I can apply from a country that I am legally in, so Ireland would be ok.

[UKLL]

Back to Australia is not practical, and down right absurd.

This is not HO's concern to be honest.

I know, but still... fair go and all that.

I am on leave without pay. However recent payslips may also be a problem. Though my company would be happy to go the Tier 2 (General) path as well.

I also have another option of EEA family permit unmarried non-EU. My fiancée is Irish and has just been offered a job in the UK. As I read the entrance regulations I can apply from a country that I am legally in, so Ireland would be ok.

I don't think you can apply from Ireland, but do share your experience if you apply from Ireland eventually