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Tier 2 Intra company transfer to Tier 2 general visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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shanthrajrk
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Tier 2 Intra company transfer to Tier 2 general visa

Post by shanthrajrk » Sat Nov 10, 2012 9:23 pm

Hi all,
I'm currently on tier 2 ICT and presently in UK. I want to change my employer
I have got the COS assigned to me from my new employer with the start dat
e of 1-Dec-2012
I have notice period of 2 months, got the appointment for in person in Birmingham peo on 5-Dec-2012. I got the following queries and would really appreciate if someone can help me soon.
1. Can I switch from tier 2 ICT to tier 2 general without any legal obligations
2. If answer to above is Yes, when should I ideally be giving notice to my present employer
3. My current tier 2 visa expires in April 2013, since this new visa starts on Dec 1. Would this overlapping cause any issue
4. If I travel to India during my notice period and complete it ther, can I come back to UK on the new visa without any issues

manci
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Post by manci » Sat Nov 10, 2012 10:07 pm

1. depends on when you obtained your current T2 ICT visa.

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Post by shanthrajrk » Sat Nov 10, 2012 10:31 pm

manci wrote:1. depends on when you obtained your current T2 ICT visa.
thanks Manci for ur response. I got it in March 2010

manci
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Post by manci » Sun Nov 11, 2012 8:51 am

1. you are eligible to switch to T2G

2. 6 Dec, after a successful application at the PEO.

3. If your application on 5 Dec is successful leave will be granted from this date. The overlap is only a problem in the sense that from the date of your new leave you are only allowed to work in the UK for your new sponsor, not the present one. Ideally the work start date in the CoS should have been later.

4. If your application on 5 Dec is successful and once you get back your passport and get a new BRP there is nothng to stop you from travelling to India and completing your notice period there provided your new employer agrees to the late start in your new job.

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shanthrajrk
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Post by shanthrajrk » Sun Nov 11, 2012 12:30 pm

manci wrote:1. you are eligible to switch to T2G

2. 6 Dec, after a successful application at the PEO.

3. If your application on 5 Dec is successful leave will be granted from this date. The overlap is only a problem in the sense that from the date of your new leave you are only allowed to work in the UK for your new sponsor, not the present one. Ideally the work start date in the CoS should have been later.

4. If your application on 5 Dec is successful and once you get back your passport and get a new BRP there is nothng to stop you from travelling to India and completing your notice period there provided your new employer agrees to the late start in your new job.
Hi manci thanks for ur kind reply.
Now i got one question here, can the start date be changed by the new employer once cos is assigned, which is the case currently

manci
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Post by manci » Sun Nov 11, 2012 1:25 pm

It may be possible to change the work start date to a later date by means of a sponsor note (as the CoS is not yet "used" and it would not affect the consideration of your visa application), but I am not sure. Ask the new employer to ring the UKBA employer helpline on 0300 123 4699 and put the question to them.

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

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