Switching from Tier 2 ICT to Tier 2 General

shanawaz77 · Post by **shanawaz77** » Thu May 10, 2012 5:38 pm

Hi,

I'm switching to tier 2 general from ICT . My sponsor said that I can work for him as soon the COS number is generated.

Please clarify can I start working for him after getting the COS number and apply for my biometric and VISA (my current ICT visa expire on Dec 2013)

It will be very helpful If get a reply

Post by **manci** » Thu May 10, 2012 5:55 pm

see the Tier 2 policy guidance:
194. It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired

Post by **geriatrix** » Thu May 10, 2012 6:32 pm

shanawaz77 wrote:My sponsor said that I can work for him as soon the COS number is generated.

No.

shanawaz77 · Post by **shanawaz77** » Thu May 10, 2012 8:27 pm

It means after generating COS and after getting relieved from my current employer.

I'm getting the COS number on 12 may 2012

Resign current employer by 15 may

Relieve from current employer by 30th June

In between I get my BRP done as my current leave expires by dec 2013

Pls advise

Post by **manci** » Thu May 10, 2012 9:25 pm

shanawaz77 wrote:Resign current employer by 15 may
Relieve from current employer by 30th June

what does this mean?
what will be your work start date in your new CoS?

shanawaz77 · Post by **shanawaz77** » Thu May 10, 2012 9:41 pm

1st July is the new start date as per the new cos

Post by **manci** » Fri May 11, 2012 6:42 am

so what is the question?

Post by **geriatrix** » Fri May 11, 2012 12:32 pm

Can he work for the new employer before 1st July?
No.

shanawaz77 · Post by **shanawaz77** » Fri May 11, 2012 4:54 pm

can i work for the new employer at 1st of July when my tier 2 gen visa application is under process

Post by **manci** » Fri May 11, 2012 4:56 pm

look at my post above - on 10 May @4.55 pm

shanawaz77 · Post by **shanawaz77** » Fri May 11, 2012 5:20 pm

Can u please explain me what this statement means

"you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us "

will it impact my tier 2 gen application

Post by **manci** » Fri May 11, 2012 6:28 pm

guidance on the civil penalties regime is here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Post by **geriatrix** » Thu Jun 07, 2012 5:06 pm

shanawaz77 wrote:I'm currently in Tier 2 ICT and my leave expired in Dec 2013 . I have got a sponsor who has generated a restricted CoS and I will be under his payroll from Aug. Does this means Change in Employement ? Or Initial Switch ..

I need to answer this in Dependant application form .

If I say Change in Employment then I dont have to show the Maintanence of Funds to my dependants but If I tell Initial Switch then I have to ..

Please advice me .

Post by **geriatrix** » Thu Jun 07, 2012 5:08 pm

Switching = applying for change in immigration categories from within the UK.

If you are applying on the basis of a "restricted CoS", then you are not switching ... but making an EC application as a Tier 2 migrant (with a new sponsor in your case).

shanawaz77 · Post by **shanawaz77** » Thu Jun 07, 2012 5:33 pm

In my CoS it is mentioned as Tier2 General (Changes of Employment) > it means I can got with ticking the option changes of Employment in my dependant application

shanawaz77 · Post by **shanawaz77** » Fri Jun 08, 2012 12:47 pm

Hi sushdmehta

Thanks for your reply . I'm still not clear on initial switching , it that means switching into tier 2 general from different immigration categories like Work permit or PSW or Tier 4 etc which doest fall under tier 2 umbrella

Please correct me

Post by **geriatrix** » Fri Jun 08, 2012 1:05 pm

Has your employer assigned a restricted CoS or a unrestricted CoS?
Are you (principal migrant) applying for leave to remain (from inside the UK) or entry clearance (from outside the UK)?

shanawaz77 · Post by **shanawaz77** » Sat Jun 09, 2012 1:05 am

Employer applied for restricted CoS

I'm the principle migrant switching from tier 2 ICT to tier 2 general

shanawaz77 · Post by **shanawaz77** » Sat Jun 09, 2012 1:07 am

Inside UK

Post by **geriatrix** » Sat Jun 09, 2012 1:25 am

shanawaz77 wrote:Employer applied for restricted CoS

You cannot apply from inside the UK using a restricted CoS. If you do, UKBA may refuse your application.

If you are a Tier 2 (ICT) migrant applying for leave to remain as a Tier 2 (General) migrant, then you do not need to provide evidence of maintenance funds (145 or 5(b)).
If your dependant is also making a leave to remain application as a dependant of Tier 2 (General) migrant from inside the UK at the same time as you, then the dependant also does not need to provide evidence of maintenance funds (51).

Select "as a result of change of employment" (188).

shanawaz77 · Post by **shanawaz77** » Sat Jun 09, 2012 8:51 am

Thanks a lot. How to find out from the CoS certificate that whether it is restricted or un restricted

shanawaz77 · Post by **shanawaz77** » Mon Jun 11, 2012 7:13 pm

can anyone tell me what to fill in Level of Qualificatio in tier 2 general form.

I have a bachelor degree and got points for the university i have studied .

shanawaz77 · Post by **shanawaz77** » Fri Jun 15, 2012 3:01 pm

Hi sushdmehta

Do i need to submit my previous employer 6 month payslips and bank statements to the home office as part of my tier 2 general change of employment application.

Please reply , I'm filing it very soon

Post by **geriatrix** » Fri Jun 15, 2012 3:32 pm

Read the policy guidance.

shanawaz77 · Post by **shanawaz77** » Fri Jun 15, 2012 3:46 pm

i dont find anything on submitting payslips and bank statments of previous employer . please help me find that

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Switching from Tier 2 ICT to Tier 2 General

Switching from Tier 2 ICT to Tier 2 General

Re: Can i Work to other Employer after getting COS