Switching from TIER 2 ICT to TIER 2 General - Urgent pls

[peter23]

Dear Team ,


I have applied Tier 2 ICT visa from India and here are the details.

Visa Applied On : 1st April 2011
Visa Issued On : 18th April 2011 under the Category TIER 2 ICT : Established Staff as its applied before 6th April 2011.
Entered in UK : 1st Aug 2011
Visa Extension : As it was expiring on 4th April 2012 ,I have applied for extension on 9th Mar 2012 and extension grant under the new category TIER 2 ICT : Long Term for 2 years till May 2014.

Currently I am in UK and would like to switch to Tier 2 General as I been given offer from new Sponsor, I have few queries around switching to TIER 2 General ..

1) Can i switch to Tier 2 General , I believe YES ,however could you please confirm ?

2) If i can switch ,do i require restricted CoS or Unrestricted Cos from the sponsor ?

3) How long does it takes to issue restricted CoS or Unrestricted Cos ?

4) Does sponsor require RLMT before issuing CoS ?

5 ) Does the new CoS should state the end date as current visa end date or it again can specify new date as 2 years from date of applying the visa ?

6) Can i contact your office in london ,do they help in processing the visa ?

This is urgent and appreciate details response on this please ?

[Voldemort]

Hi, I see your details here..so no need to reply back on my email-id as I can answer your queries here.

First of all, Congratulations on the offer!!

However, as per the dialogue and conversations I've had so far with my immigration advisor coupled with the information on UK Border website, unfortunately you are NOT eligible to apply for T2-General from INSIDE the UK. As your current visa (T2-ICT-LONG TERM) was issued after 6th Apr'11, you need to go back to India for applying for T2-Gen visa but then you WOULD be subject to the 12-month COOLING OFF period (=> you need to stay outside UK for at least 12 months before being eligible to apply for UK work-permit again).

The trickiest part is to understand WHEN the cooling-off period kicks off - please remember it's NOT the day you leave UK; instead it's the visa expiry-date (=> May 2014).

Please clarify this again by consulting an immigration lawyer/solicitor as I may be wrong.
If it holds true, my advice would obviously be to STICK to your current employer...else if you're very keen on being adventurous, then try exploring the possibility of working at any Non-UK office for this new employer until 2015 (that's when the cooling-off period ends I believe) and then apply.

Hope this helps!

[Voldemort]

Btw, for the first 5 points, here you go!

1) Can i switch to Tier 2 General , I believe YES ,however could you please confirm ? NO

2) If i can switch ,do i require restricted CoS or Unrestricted Cos from the sponsor ? NA

3) How long does it takes to issue restricted CoS or Unrestricted Cos ? NA

4) Does sponsor require RLMT before issuing CoS ? YES, for a period of 28 business days!

5 ) Does the new CoS should state the end date as current visa end date or it again can specify new date as 2 years from date of applying the visa ? Probably the latter - isn't CoS valid for 3 months only?

[manci]

Dear Team ,

I have applied Tier 2 ICT visa from India and here are the details.

Visa Applied On: 1st April 2011
Visa Issued On: 18th April 2011 under the Category ]TIER 2 ICT : Established Staff[ as its applied before 6th April 2011.
Entered in UK: 1st Aug 2011
Visa Extension[/color] : As it was expiring on 4th April 2012 ,I have applied for extension on 9th Mar 2012 and extension grant under the new category TIER 2 ICT : Long Term [/color]for 2 years till May 2014.

Currently I am in UK and would like to switch to Tier 2 General as I been given offer from new Sponsor, I have few queries around switching to TIER 2 General ..

1) Can i switch to Tier 2 General , I believe YES ,however could you please confirm ? Yes
2) If i can switch ,do i require restricted CoS or Unrestricted Cos from the sponsor ? unrestricted
3) How long does it takes to issue restricted CoS or Unrestricted Cos ? depends on whether the sponsor has availaible allocation for the current year and whether they have carried out a RLMT. If the answer to both questions is yes they can assign the CoS immediately
4) Does sponsor require RLMT before issuing CoS ? normally yes (there are some exceptions)
5 ) Does the new CoS should state the end date as current visa end date or it again can specify new date as 2 years from date of applying the visa ? the end date can be any date from the start date to 3 years after the start date, depends on sponsor
6) Can i contact your office in london ,do they help in processing the visa ?

This is urgent and appreciate details response on this please ?

[poper]

Btw, for the first 5 points, here you go!

1) Can i switch to Tier 2 General , I believe YES ,however could you please confirm ? NO

2) If i can switch ,do i require restricted CoS or Unrestricted Cos from the sponsor ? NA

3) How long does it takes to issue restricted CoS or Unrestricted Cos ? NA

4) Does sponsor require RLMT before issuing CoS ? YES, for a period of 28 business days!

5 ) Does the new CoS should state the end date as current visa end date or it again can specify new date as 2 years from date of applying the visa ? Probably the latter - isn't CoS valid for 3 months only?

Hi Voldemort

Your Immigration consultant could be wrong in saying "No" to such a switch.
However, I have never seen a member in this forum who has switched from Tier 2 ICT(with initial grant as Established Staff) to Tier 2 Gen.
The immigration gurus in the forum say that a switch is possible.
http://www.immigrationboards.com/viewtopic.php?t=111338

But a member's Tier 2 G visa switch was in fact refused by UKBA
http://www.immigrationboards.com/viewtopic.php?t=110311

He/She has gone for a judicial review. So, fingers crossed...

Poper

[peter23]

Now this has become most confusing question ..Still can't able to make out the decision ..There are senior member who said it is possible but others are saying its not possible ..there is one case already which has been refused....

Is there anyone in forum who or his/her friends went through this route ..kindly help .

Senior member /leaders - Is it possible for you to confirm this from UKBA , much appreciate if you can help on this.

[manci]

it is all in the T2 policy guidance and you can check it yourself:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[peter23]

Thanks Manci ,

Appreciate you response ..I know you have done all research on this subject and firmly saying that its possible.

In fact i read the note which you suggested .. 245HD - (c)

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

Things looks OK ,however couldn't understand why the it has been refuse for one of the member ..and is there any one else who gone through this route recently ?

[poper]

Thanks Manci ,

Appreciate you response ..I know you have done all research on this subject and firmly saying that its possible.

In fact i read the note which you suggested .. 245HD - (c)

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

Things looks OK ,however couldn't understand why the it has been refuse for one of the member ..and is there any one else who gone through this route recently ?

Hi Peter

I too had the same question and posted this as a new thread but found no replies
http://www.immigrationboards.com/viewto ... highlight=

Poper

[peter23]

Some one needs to help as this has become QUESTION of the forum ...


Expert & Experience People - Can anyone firmly address this question or do we have option to contact UKBA to confirm this ?

Thanks.....

[Voldemort]

I agree..it's so damn confusing and chaotic!! It has affected so many friends n colleagues of mine

Guys, what do you make out of rule 245 HD - (c) (ii)? It seems the primary purpose of putting in THAT clause is to take care of (or rather reject) those cases where people had been granted T2-ICT visa, referred to in (i), in the PAST but it's not the "LAST" visa stamped on their passport.
The question here is - does it also include "Extensions"? I'm afraid it may do so..

Apologies Peter for the confusion earlier, but I still think - you may not be eligible to apply from inside the UK! I would love to be proved wrong by UKBA though..

Fingers crossed!!

[poper]

I agree..it's so damn confusing and chaotic!! It has affected so many friends n colleagues of mine

Guys, what do you make out of rule 245 HD - (c) (ii)? It seems the primary purpose of putting in THAT clause is to take care of (or rather reject) those cases where people had been granted T2-ICT visa, referred to in (i), in the PAST but it's not the "LAST" visa stamped on their passport.
The question here is - does it also include "Extensions"? I'm afraid it may do so..

Apologies Peter for the confusion earlier, but I still think - you may not be eligible to apply from inside the UK! I would love to be proved wrong by UKBA though..

Fingers crossed!!

Hi

Hope you guys also took a look at this post
http://www.immigrationboards.com/viewtopic.php?t=111338

Again, as long as we see someone in the forum who has switched we cannot really confirm.

Poper

[mahamaya]

[quote="Voldemort"]I agree..it's so damn confusing and chaotic!! It has affected so many friends n colleagues of mine

Guys, what do you make out of rule 245 HD - (c) (ii)? It seems the primary purpose of putting in THAT clause is to take care of (or rather reject) those cases where people had been granted T2-ICT visa, referred to in (i), in the PAST but it's not the "LAST" visa stamped on their passport.
The question here is - does it also include "Extensions"? I'm afraid it may do so..
[quote="Voldemort"]

If you see the wording carefully of 245 HD - (c) (ii) it says
"(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above;"

>>> "entry clearance" means when you first applied for visa. Hence if the Tier2 ICT Long term Staff has been as a result of extension i.e. "Leave to remain" then its clear from the rule that a person can apply for Tier2 (General) from within UK

[cutipd]

By going through the post
http://www.immigrationboards.com/viewto ... sc&start=0
seems like switching is possible from Tier2 ICT to Tier 2 General if your entry clearance is before April 2011.

[Voldemort]

Guys, just wanted to let you know that UK Border approved my further leave to remain application allowing me to switch to Tier-2 General visa even after leaving the employer on Tier-2 ICT 6 months ago.

However, it still doesn't help resolving the questions around "extension"

[thecoolsatya]

Hi Peter,

Did your Tier 2 General switch go through?

On page 4 of the Tier 2 policy document, on the Tier 2 General Switching table, it clearly states that

"You can apply from inside the UK if you have, or were last granted, leave in one of the categories listed in the table below"

• 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

This means that if you have applied for extension under Long Term Staff, you are not eligible to switch.

Looks like they are purposefully making the rules confusing, so that people do not take the risk of switching.

[manci]

This means that if you have applied for extension under Long Term Staff, you are not eligible to switch.

this is not so, see Immigration Rule 245HD(c)

[thecoolsatya]

This means that if you have applied for extension under Long Term Staff, you are not eligible to switch.

this is not so, see Immigration Rule 245HD(c)

I have read 245 HD (c) too, but both these are so contradictory. Has someone called UKBA and confirmed this???