Tier2 ICT to Tier2 General - Settlement query

[mk1216]

Hi,
I am in UK since March 2008 on Tier-2 ICT visa, which was extended twice and it is now valid until July 2013. As per the old rules, I will be eligible for Settlement (Permanent Residency) by March 2013.

However, I now have an offer from a new employer who is willing to sponsor Tier-2 General. With merely 11 months to my Settlement, I am in a dilema whether to go ahead and switch into Tier-2 General.

Can the experts please advise if switching from Tier-2 ICT to Tier-2 General would restart the clock for Settlement ?

Also, if I decide to switch over and get Tier-2 General visa, what would be the validity of old Tier-2 Visa ? I am asking this as it may not be possible to leave my old company on the day I get new visa. Is there a time period where one can switch between visas ?

[manci]

The clock for ILR will not re-start when you switch from T2 ICT to T2 General. See section 6 of Immigration Directorate Instructions:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and immigration rule 245HF:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

If you decide to switch I expect your new visa will start from the "work start date" entered in your new CoS. You can ask your new employer/sponsor to make this the termination date of your current employment.

[mk1216]

Thank you for the response.

[mk1216]

The clock for ILR will not re-start when you switch from T2 ICT to T2 General. See section 6 of Immigration Directorate Instructions:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and immigration rule 245HF:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

If you decide to switch I expect your new visa will start from the "work start date" entered in your new CoS. You can ask your new employer/sponsor to make this the termination date of your current employment.

Sorry, but I had one more query. My wife is working on Tier-2 ICT dependent visa. So I presume there shouldn't be any problem with her visa status if I switch to Tier-2 General. At the time of application for Tier-2 General, I will be applying for dependent as well.

Please can you advise.

[manci]

The clock for ILR will not re-start when you switch from T2 ICT to T2 General. See section 6 of Immigration Directorate Instructions:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and immigration rule 245HF:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

If you decide to switch I expect your new visa will start from the "work start date" entered in your new CoS. You can ask your new employer/sponsor to make this the termination date of your current employment.

Sorry, but I had one more query. My wife is working on Tier-2 ICT dependent visa. So I presume there shouldn't be any problem with her visa status if I switch to Tier-2 General. At the time of application for Tier-2 General, I will be applying for dependent as well.

Please can you advise.

there shouldn't be any problem.

[mk1216]

Thank you once again