Tier 2 ICT Switching to Tier 2 General

[ping2ashish]

Let me repost my Case here :
I initially had ICT Estab Staff Visa granted in Oct 2010 which expired in Nov 2011 and was Renewed as Tier2 ICT Long term now valid till Nov 2013.

So, I can get a Tier 2 General With in Country with a new COS and Sponser?

yes

Thanks a lot Manci.. You made my day ......

[manci]

Thanks Manci.

One more clarification needed though this should have been my first query

Nevertheless, below mentioned is written on my TIER2 Visa which was granted on 26/08/2010:

VISA TIER2(ICT) Established Staff

There is no word such as "Long Term" . Does this mean I have been granted TIER2(ICT) under the Immigration Rules in place before 6 April 2010 thus making me eligible for in-country switch to TIER2 General with a different sponsor ?

as someone who has previously had leave in the Tier 2 ICT Established Staff category you can switch to Tier 2 General in-country provided you change sponsors.

The frequent names changes may be confusing. What happened iwith the names in T2 ICT was this:
in April 2010 they introduced the Established Staff category;
in April 2011 they split the Established Staff Category in two: Long Term and Short Term Staff.

Those Tier 2 ICT migrants who have had leave previously either pre-April 2010 or between April 2010 and April 2011 (like you, in Sept 2010, as Established Staff) can switch to Tier 2 General in-country provided they change sponsors.

[MissionPossible]

Awesome

The best thing I like about replies , you understand the situation of other person really well and what exactly he wants to know. No doubt you are an amazing Immigration Consultant!

[dawoodm]

Hi, after going through the topic tread I have understood that a person in Tier 2 ICT - Established Staff can apply for transfer of visa to Tier 2 General with the help of a sponsor.

I have few question around this, it would be great full if anyone clarifies on the below.

1. After submitting the resignation with the current employer, when can we apply for transfer (Tier 2 ICT - ES to General). Is it immediate or only after completing the notice period?

2. Also do we need any kind of approval/letter from the current employer to initiate/complete the transfer.

3. How long the transfer of visa process takes place?

Thanks in Advance!
Dawood

[ashpan]

Hi,
I am on Tier 2 ICT ( eastablished staff) stamped in Sep 2010. I am due for extension in Sep 2012. If i extend my visa with same sponsor can i potentially switch into Tier 2 General being in country after my extension is done considering i get a new sponsor?
Will i be able to switch as i will be given visa as Tier 2 ( Long Term Staff)?
In addition, will the cooling period apply if i go back and reapply as Tier 2 General before or after Sep 12?
Requesting reply soon...Thanks

[manci]

Hi, after going through the topic tread I have understood that a person in Tier 2 ICT - Established Staff can apply for transfer of visa to Tier 2 General with the help of a sponsor.

I have few question around this, it would be great full if anyone clarifies on the below.

1. After submitting the resignation with the current employer, when can we apply for transfer (Tier 2 ICT - ES to General). Is it immediate or only after completing the notice period?

2. Also do we need any kind of approval/letter from the current employer to initiate/complete the transfer.

3. How long the transfer of visa process takes place?

Thanks in Advance!
Dawood

The whole process hinges on you getting a new Tier 2 General CoS assigned to you by a new sponsor. Once you have this you can submit an application immediately without reference to your current employer.

Keep in mind that if you resign beforehand and there is a gap between the termination date of your current employment and the work start date with your new employer you will not be able to work during this period.

[arunpr]

I have one question regarding my Tier 2 ICT (1 year - Short term) COS and VISA. I got my visa on May 2011.

- Is it possible for me to extend my visa from UK ?
- Or is it possible for me to apply for a long term visa ro switch to Tier2 General?

[ping2ashish]

I have one question regarding my Tier 2 ICT (1 year - Short term) COS and VISA. I got my visa on May 2011.

- Is it possible for me to extend my visa from UK ?
- Or is it possible for me to apply for a long term visa ro switch to Tier2 General?

Hi there,
What I understood lately after doing a vast investigations is:

1. You can switch to TIER2 ICT Long term if you remain with same employeer and if you are offered more than 40K pounds salary

2. You definately cannot go back to Home country and apply in same category, for that you have to wait for 12 months

3. I think you cannot switch to Tier2 General because you got your intial VISA After April 2011

[dawoodm]

Hi Manci, many thanks for the quick clarification and additional information.

[srnayak07]

T2 ICT established staff (granted on feb 2011) to T2 Gen

[srnayak07]

*********Cooling Off period:
http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

I (Primary T2 ICT -Established Staff sub-category holder) got my T2 ICT stamped feb 2011 and entered into UK (first time) on 17-Apr-2011 and continuing working till now.

My wife got T2 ICT dependent visa stamped feb 2011 (came to UK for first time on june 2011 for 30 days , went back and then again came on March 2012 and continuing).

-If she is switching from T2 ICT dependent to T2 Gen now (say before Apr 2013 ), is she subjected to cooling Off period ?


********Switching Visa Category
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245HD(c) applies...

So,
1. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or
2. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011,
then switching is allowed ??

My point is : Is my wife eligible or she has to serve cooling off period (if she is going now to INDIA for T2 gen sponsership stamping) ?

Am I eligible - in country (UK) switch into T2 Gen ?
_________________
Regards
SRN

[manci]

As Tier 2 ICT Established Staff you are eligible to switch to Tier 2 General in-country.

You wife can move into the T2G category but she must apply from abroad. There is no cooling-off period if her previous leave was as PBS Dependant.

[srnayak07]

As Tier 2 ICT Established Staff you are eligible to switch to Tier 2 General in-country.

You wife can move into the T2G category but she must apply from abroad. There is no cooling-off period if her previous leave was as PBS Dependant.

Thanks a lot Manci , so once my wife switches into T2 gen and then again if she has to switch to T2 Gen (other sponser) or has to come back as my T2 ICT dependent (due to any reason) - by any means will she be subjected to cooling off period.

About me , since I am the primary applicant - if I can switch in country then I believe I am not sujected to the 20000 quota or something and is mine going to be restricted / unrestricted sponsership ?

In short if some one is switching or changing within T2 Gen (not ICT) at current situation - is he/she subjected to any sort of cooling off period ?

[manci]

As Tier 2 ICT Established Staff you are eligible to switch to Tier 2 General in-country.

You wife can move into the T2G category but she must apply from abroad. There is no cooling-off period if her previous leave was as PBS Dependant.

Thanks a lot Manci , so once my wife switches into T2 gen and then again if she has to switch to T2 Gen (other sponser) or has to come back as my T2 ICT dependent (due to any reason) - by any means will she be subjected to cooling off period.

About me , since I am the primary applicant - if I can switch in country then I believe I am not sujected to the 20000 quota or something and is mine going to be restricted / unrestricted sponsership ?

In short if some one is switching or changing within T2 Gen (not ICT) at current situation - is he/she subjected to any sort of cooling off period ?

Just to clarify the terminolgy: the word "switch" is only used for in-country changes.
YOUR WIFE
The cooling-off period only applies when entry clearance is sought and it does not apply to dependant entry clearance applications. Switching in-country from T2G with one sponsor to T2G with another sponsor does not therefore invoke the cooling-off period.
YOU
Since you are Tier2 Established Staff you can switch to T2G in-country provided you change sponsors. You will need an unrestricted CoS, i.e. the annual/monthly quota does not apply in your case

[srnayak07]

As Tier 2 ICT Established Staff you are eligible to switch to Tier 2 General in-country.

You wife can move into the T2G category but she must apply from abroad. There is no cooling-off period if her previous leave was as PBS Dependant.

Thanks a lot Manci , so once my wife switches into T2 gen and then again if she has to switch to T2 Gen (other sponser) or has to come back as my T2 ICT dependent (due to any reason) - by any means will she be subjected to cooling off period.

About me , since I am the primary applicant - if I can switch in country then I believe I am not sujected to the 20000 quota or something and is mine going to be restricted / unrestricted sponsership ?

In short if some one is switching or changing within T2 Gen (not ICT) at current situation - is he/she subjected to any sort of cooling off period ?

Just to clarify the terminolgy: the word "switch" is only used for in-country changes.
YOUR WIFE
The cooling-off period only applies when entry clearance is sought and it does not apply to dependant entry clearance applications. Switching in-country from T2G with one sponsor to T2G with another sponsor does not therefore invoke the cooling-off period.
YOU
Since you are Tier2 Established Staff you can switch to T2G in-country provided you change sponsors. You will need an unrestricted CoS, i.e. the annual/monthly quota does not apply in your case

Thanks Manci , the information you provided was real handy.

So If I quit current employer (T2 ICT) , when is it ideal to file the application for new T2 Gen , I mean without breaching any current UKBA clause (during notice period or ... I am not very clar how does ideally should it work)

Also for my wife , when should we inform my current emplyer (as they sponsered her T2 ICT dep visa COS) that she is going to get new T2 gen OR do we need to inform at all ?

[manci]

So If I quit current employer (T2 ICT) , when is it ideal to file the application for new T2 Gen , I mean without breaching any current UKBA clause (during notice period or ... I am not very clar how does ideally should it work)

Also for my wife , when should we inform my current emplyer (as they sponsered her T2 ICT dep visa COS) that she is going to get new T2 gen OR do we need to inform at all ?

The sequence:
a) obtain job offer from new sponsor
b) accept job offer and ask new sponsor to assign CoS to you (after having carried out the resident labour market test, if applicable). The work start date in the CoS should be the end of the notice period in your current employment.
c) once the CoS is available, give notice
d) apply for leave to remain.

There is no need to inform your present sponsor of your wife's future plans.

[srnayak07]

So If I quit current employer (T2 ICT) , when is it ideal to file the application for new T2 Gen , I mean without breaching any current UKBA clause (during notice period or ... I am not very clar how does ideally should it work)

Also for my wife , when should we inform my current emplyer (as they sponsered her T2 ICT dep visa COS) that she is going to get new T2 gen OR do we need to inform at all ?

The sequence:
a) obtain job offer from new sponsor
b) accept job offer and ask new sponsor to assign CoS to you (after having carried out the resident labour market test, if applicable). The work start date in the CoS should be the end of the notice period in your current employment.
c) once the CoS is available, give notice
d) apply for leave to remain.

There is no need to inform your present sponsor of your wife's future plans.

Your answers are really clear and to the point..fantastic job Manci !!!

Last question (I am asking this because we are almost at point of sponsering into T2 Gen):

The sponser company stating us that they are going to show on paper the fixed salary as 32,000 GBP and rest all as bonus and we can also declare claims/benefits as per HMRC guidelines.

He also said as we have options available to higher the salary from 32K to above 35K after 3 years (say) and before 5 year when we will be eligible for ILR.

Let me be very honest here , our one of the prime requirement is ILR after 5 years. So as of today UKBA guidelines is it that:

1)
i) you have to be on 35K salary continuously for 5 years in order to apply and get ILR (under T2 gen)

ii) you be on say 32K for 1st,2nd,3rd years and then on 35K+ on 4th and 5th year - still eligible to apply and get ILR (under T2 gen)
Which of them is absolutely true ?

We do not want to take any chances , we can ask the employer to set it at 35K+ now only if we want(even if it pinches)..what is your opinion ?

As of now , I have read in this link (not sure about any other link) - but it does not say exclusively that you have to be at 35K salary fo 5 years:

http://www.ukba.homeoffice.gov.uk/sitec ... nges-rules

I am confused ?

2)
As per current T2 Gen ILR , how many days in a year we should not be out of UK in order to qualify for ILR and how many days in total 5 years ?
(on safer side)

[manci]

1.
The min. pay threshold of £35k or the minimum for the job as per the codes of practice, whichever the higher, is a requirement at the time of the settlement application, not for the full 5 years. See the draft guidance for settlement applications after 6 April 2016 (which is when you will be applying):
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2.
The rules about how to calculate the continuous period of 5 years, allowable absences, etc are here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[rahul4943]

Dear Manci...

I read all post regarding ICT but still confused.

I was in UK from Aug 2011 to May 2012 on Tier 2 ICT visa ( Salary around 42K) valid till Aug 2013. Now I am in home country and changed my employer. My new employer wants to apply a work permit for me. Could you please suggest if its possible in any way? New employer salary is also 42K per annum. or if not, can I go on 6 months bussiness visa?

I would really appreciate your clarification.

[manci]

I read all post regarding ICT but still confused.

I was in UK from Aug 2011 to May 2012 on Tier 2 ICT visa ( Salary around 42K) valid till Aug 2013. Now I am in home country and changed my employer. My new employer wants to apply a work permit for me. Could you please suggest if its possible in any way? New employer salary is also 42K per annum. or if not, can I go on 6 months bussiness visa?

Since your Tier 2 ICT visa was issued under the rules that applied after April 2011 unfortunately the 12 months cooling-off period applies, so you cannot be sponsored under T2 General untill 12 months after the expiry of your previous leave. Your previous UK employer should have informed UKBA that you ceased working for them and if they had done that UKBA would have curtailed your visa by writing to you at your UK address.. This is important because the 12 monts cooling-off counts from the expiry of your previous leave.

Guidance on businewss visitors, including what activities they can engage in while in the UK, is here:
http://www.ukba.homeoffice.gov.uk/visas ... ctivities/

[rahul4943]

thanks Manci very much.

Another point, if new employer can send me on business visa? If yes, for how long I can stay there?

[manci]

see the guidance (link above)

[rahuls]

Hi Manci,

I am trying to get a senior to provide me a suggestion regarding my situation on a separate thread. But I am not getting any response. I was browsing this thread and found that you have been helping out the members here with your valuable suggestion in the area of Tier 2 ICT to Tier 2 General switch. I have got a query in a similar area. The query is found at the following link

http://www.immigrationboards.com/viewtopic.php?t=97051

To summarize, my query is if somebody had to go to home country to switch from Tier 2 ICT to Tier 2 General, would his ILR clock be reset due to the break in the employment. I had Tier 2 ICT based on the rules before April 2010 but I had to go to home country as at that time the UKBA guidelines were not clear regarding this which were later made clear. Please see the above link for details of my query where I have also referrred to the UKBA section of Calculation of Continuous period and as per my understanding the ILR clock should not be reset.

Please provide your valuable suggestion.

Thanks

[rahul4943]

Hi Manci.. one more thing..is this cooling off period applicable for both long term and short term applied in Aug 2011?

Thanks in advance

[ping2ashish]

Hi Manci.. one more thing..is this cooling off period applicable for both long term and short term applied in Aug 2011?

Thanks in advance

Hi, Lets take 2 cases if your VISA type is Short term you have to wait 12 months before you can come in same category, If you dont want to wait 12 months you need to apply for Long term VISA i.e get 40 K Salary Once your sponsor.
If your Visa you got in April 2011 is Long term you have to wait 12 months before you can re-apply.
NOTE: You cannot convert to T2 G as your Visa is processed in April 2011