T2 ICT to Skilled Worker VISA

[bing1987007]

Hi,I am on Tier2 ICT and applying skilled worker VISA to join new employer.

How much time it will take from biometric appointment date to skilled worker BRP arrival, considering covid time ?

If current employer withdraw my ICT and ask to return back - can i refuse and have 60 days to stay without any issue to receive skilled visa ? any reference doc please ?

[CR001]

1. It can take anywhere between 8 weeks and 6 months.

2. That is between you and your employer and what your contract states. Nothing to do with immigration. While you have a pending application with UKVI, your ICT visa conditions continue.

[bing1987007]

Thanks , Can I start work from new CoS start date (with new employer) even if Skilled Worker Visa application is in progress with UKBA (suppose not done biometric until then) ?

[CR001]

While an application is pending, your existing tier 2 ICT visa conditions continue.

When was your CoS assigned?

https://www.gov.uk/guidance/coronavirus ... -in-the-uk

If you’ve applied for a work visa and are waiting for a decision on your application
This includes:

Skilled Worker visa
Health and Care Worker visa
Intra-company Transfer visa
T2 Worker visas
T5 Temporary Worker visas
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS) and either:
you’re applying under the Health and Care visa
it was assigned before 1 January 2021
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them. You should either leave the UK or seek to regularise your immigration status if this happens.

If your CoS is assigned from 1 January 2021 and you are not applying under the Health and Care visa, you must wait until your visa application has been granted before starting work, unless your current visa allows you to work in that job.

[bing1987007]

Hi, I got my BRP now with new COS starting date as 1 apr 2021. My current employer notice period is in progress and will continue till 20 april 2021. Is it fine for me to work with the current employer till 20th apr,while my new CoS has start date for 1st apr or if i ask new employer to change the start date to 20th apr 2021 through CoS notes update,it ll become fine to complete my notice period? please advise.

[bing1987007]

just to mention - my current ongoing COS was valid till 31st Aug 2021.

[bing1987007]

Hi, I got my BRP now with new COS starting date as 1 apr 2021. My current employer notice period is in progress and will continue till 20 april 2021. Is it fine for me to work with the current employer till 20th apr,while my new CoS has start date for 1st apr or if i ask new employer to change the start date to 20th apr 2021 through CoS notes update,it ll become fine to complete my notice period? please advise.

Could I get a response please ? Thanks a lot

[explorer84]

Both Tier 2 ICT and Skilled worker Visas are restricted in the sense that a person can only work for the sponsored employer. But when changing jobs like in your case, overlap of few days is acceptable. This is what I got to know from my solicitor. It will be best to consult a solicitor to avoid any compliance issues.

In any case, you should also inform the same to your current and new employer about the same. It could be possible that your current employer might release your early as it could be a compliance issue for them as well.

Thanks.