Tier 2(ICT) to Tier 2 General Switch

rrprabhuram · Post by **rrprabhuram** » Sat Jun 30, 2012 1:00 pm

Hi All

I was issued a ICT - Established Staff visa in September 2010 valid for a year. I am still in the UK working for the same employer. I have happened to extend my visa in October 2011 once and will be extending again in July 2012.
Since my initial grant for leave was in September 2010 am I eligible to switch to Tier 2 General while in the UK?

I've gone through the UKBA site and the details are contradicting.

From the below link it does look like I am eligible -
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Refer to 245HD point (c)

Thanks
Poper

Post by **manci** » Sat Jun 30, 2012 5:32 pm

You are allowed to switch. See also the Tier2 Policy Guidance, paragraph 16:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

What contradiction are you referring to?

rrprabhuram · Post by **rrprabhuram** » Sat Jun 30, 2012 9:06 pm

manci wrote:You are allowed to switch. See also the Tier2 Policy Guidance, paragraph 16:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

What contradiction are you referring to?

Thanks for responding manci.
The policy document states the below people can switch.

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

Since I renewed my Established Staff Visa, it is now called 'Tier 2 - ICT Long Term' and not 'Established Staff' anymore.
Is it that the new rules will not apply to me? Am I still eligible for a switch?

Thanks
Poper

Post by **manci** » Sat Jun 30, 2012 9:45 pm

You are allowed to switch provided you change sponsors.

Immigration Rule 245HD point (c)(i):
"....as a T2 ICT migrant must have previously had leave ... in the Established Staff sub-category ..."

dharmesh8 · Post by **dharmesh8** » Sun Jul 01, 2012 11:44 am

Hi Manci,
I've a question in similar lines. My Tier-2 ICT Visa was granted under April 2011 rules, and working in UK Since Sep 2010.

From the conversation I can understand that, If I find a new sponsor in UK, I am eligible to switch into Tier-2 General, without leaving the country.
(Hope my understanding is correct...)

My question is, If I switch into Tier-2 General, does this break the continous period required for settlement?. Thing is, I do not want to loose my current 2 years stay.

Kindly reply, Thanks in advance.

Dharmesh

rrprabhuram · Post by **rrprabhuram** » Sun Jul 01, 2012 12:08 pm

dharmesh8 wrote:Hi Manci,
I've a question in similar lines. My Tier-2 ICT Visa was granted under April 2011 rules, and working in UK Since Sep 2010.

From the conversation I can understand that, If I find a new sponsor in UK, I am eligible to switch into Tier-2 General, without leaving the country.
(Hope my understanding is correct...)

My question is, If I switch into Tier-2 General, does this break the continous period required for settlement?. Thing is, I do not want to loose my current 2 years stay.

Kindly reply, Thanks in advance.

Dharmesh

Hi Dharmesh

Since you applied your ICT visa in September 2010 you cannot utilize your current 2 year stay for ILR
Refer to

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

dharmesh8 · Post by **dharmesh8** » Tue Jul 03, 2012 8:27 pm

Thanks a lot for the reply, yeah went thru the rules and regulations.
Just one last question, the rules say, only tier-2's issued before Apr'10 are eligible for settlement, then is there any clarity on later issued visa cases...like me?, as per the below statement, Am I eligible for settlement after 5 years?, if my pay per annum is more than 35,000 pounds....Please suggest.

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

Post by **manci** » Tue Jul 03, 2012 9:25 pm

dharmesh8 wrote:Thanks a lot for the reply, yeah went thru the rules and regulations.
Just one last question, the rules say, only tier-2's issued before Apr'10 are eligible for settlement, then is there any clarity on later issued visa cases...like me?, as per the below statement, Am I eligible for settlement after 5 years?, if my pay per annum is more than 35,000 pounds....Please suggest.

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

As T2 ICT Established Staff (visa issued in September 2010) you cannot apply for ILR. However. you can switch to Tier 2 General in-country if you change sponsors and after having switched you can apply for settlement after 5 years and the £35k pay threshold will apply (unless exempt)

rrprabhuram · Post by **rrprabhuram** » Tue Jul 03, 2012 9:25 pm

dharmesh8 wrote:Thanks a lot for the reply, yeah went thru the rules and regulations.
Just one last question, the rules say, only tier-2's issued before Apr'10 are eligible for settlement, then is there any clarity on later issued visa cases...like me?, as per the below statement, Am I eligible for settlement after 5 years?, if my pay per annum is more than 35,000 pounds....Please suggest.

http://www.ukba.homeoffice.gov.uk/sitec ... settlement

Hi Dharmesh

The article talks about settlement via Tier 2 General.
Please refer to below link
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

The income threshold you mentioned is also listed for those who apply for ILR after april 2016

Thanks
Poper

dharmesh8 · Post by **dharmesh8** » Wed Jul 04, 2012 7:06 pm

Hi,
Thanks a lot for the clarification. It is really helpful, and its clear that, Tier-2 ICT's issued after Apr 2010 are not eligible for any settlements.
Humm..Probably I sd seriously consider, switching into Tier-2 General...!!

Cheers....Dharmesh

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Tier 2(ICT) to Tier 2 General Switch

Tier 2(ICT) to Tier 2 General Switch