In country switch from Tier 2 ICT to Tier 2 General

[tan777]

Just wondering if you could be kind enough to guide me as I am not getting any way out of this query.

I am currently on ICT T2 LTS renewed in the UK in May 2012. Before that I was issued ICT T2 Established Staff in India in June 2010. I have not left the UK since 2010.

Is it possible for me to do in country switch to Tier 2 General, reason I wanted to seek your opinion was because in guidance docs, Home Office says one has to be either on Established Staff or Pre 2010 ICT. But given My renewal converted me into ICT T2R LTS throws me into dire straits given I have a potential sponsor for Tier 2 now !!

Any help/ reference will be most welcome. Kindly help.

[manci]

you are eligible to switch in-country if you change sponsor. See para 15 in the T2 policy guidance. Note 1 under the table refers to migrants who obtaned entry clearance as LTS, which is not your case.

[tan777]

Manci- Good morning. Many thanks

[tan777]

you are eligible to switch in-country if you change sponsor. See para 15 in the T2 policy guidance. Note 1 under the table refers to migrants who obtaned entry clearance as LTS, which is not your case.

Hi Manci- would you be able to kindly help on below
1) Can my new sponsor provide Future dated CoS ?
2) Can I apply for Tier2 Gen visa whilst on Current visa and working with current employer notice period?
3) If future dated application is not possible; then how do you suggest this works out normally?

Thanks in advance.

[manci]

you are eligible to switch in-country if you change sponsor. See para 15 in the T2 policy guidance. Note 1 under the table refers to migrants who obtaned entry clearance as LTS, which is not your case.

Hi Manci- would you be able to kindly help on below
1) Can my new sponsor provide Future dated CoS ?
The new sponsor can assign a CoS to you and specify the work start date as the day following the termination of your current job.

2) Can I apply for Tier2 Gen visa whilst on Current visa and working with current employer notice period? yes you can but you cannot start in your new job until your application is approved. It is best to make a PEO application, then you will hopefully get the decision there and then

3) If future dated application is not possible; then how do you suggest this works out normally?

Thanks in advance.

[tan777]

you are eligible to switch in-country if you change sponsor. See para 15 in the T2 policy guidance. Note 1 under the table refers to migrants who obtaned entry clearance as LTS, which is not your case.

Hi Manci- would you be able to kindly help on below
1) Can my new sponsor provide Future dated CoS ?
The new sponsor can assign a CoS to you and specify the work start date as the day following the termination of your current job.

2) Can I apply for Tier2 Gen visa whilst on Current visa and working with current employer notice period? yes you can but you cannot start in your new job until your application is approved. It is best to make a PEO application, then you will hopefully get the decision there and then

3) If future dated application is not possible; then how do you suggest this works out normally?

Thanks in advance.

Thanks Manci. Just one more bit on point 2, so is it permitted to submit visa application before even last working date of current employer? and that given COS has a future date? Hope there is no rule to say you must apply only on or after you CoS start date.

Thanks

[manci]

You can apply for a new leave as soon as the CoS is assigned but not later than 3 months after the date of assignment.

The CoS can be assigned by the new sponsor any time but, assuming your application is approved, you cannot start working for them before the work start date stated in the CoS.

[tan777]

You can apply for a new leave as soon as the CoS is assigned but not later than 3 months after the date of assignment.

The CoS can be assigned by the new sponsor any time but, assuming your application is approved, you cannot start working for them before the work start date stated in the CoS.

Many thanks Manci. As usual most helpful.

[tan777]

Hi Manci/ others
I have below queries
1) Say I get my tier 2 gen visa by new sponsor in the UK in country switch, while my last working day with my current company is 2 month down the line- what happens to my ICT BRP visa when I get gen t2 visa with future date?
2) After getting tier 2 gen visa if my current company wants me to spend some time back in offshore, then after that, can I make entry back in to the UK on date specified in tier 2 gen or before it? or me leaving country even after I have gen visa issued is any issue.
3) Thirdly what is my dependents continue to stay back in UK with their gen dependent visa also in hand but with me the main applicant serving part of notice period back offshore.

Many thanks

[tan777]

Hey friends any views please

[manci]

If you have no gap between your T2 ICT and T2G leaves you can travel freely.
There is no problem with your dependants stayng in the UK while you are sent to India to finish your job.

[tan777]

Hey Manci..thanks for your time mate. It is really strange this obvious and very realistic thing is not present in Homeoffice documents/ site. Yes I have my ICT 2 expiring next year- but just one more concern, say I travelled to Offshore and if my current employer cancels my COS, but I enter on or before Tier 2 gen visa start date then do u think there should be any issue at UKBA at airport?

[tan777]

Any more views ladies and gentlemen?

[manci]

when you go abroad to finish your current job you will already have had your T2G leave for the new job, therfore you can return to the UK even if your current employer summarily dismisses you for, say, breach of contract, while you are still working for them abroad..

[tan777]

Thanks Manci. So to summarise even if I go offshore and serve tail end of notice period with old employer and in meanwhile they cancel/ terminate my CoS , I can return to the UK given I have a valid T2G visa. Just one last bit, have you seen any ruling, guideline/ reference from Homeoffice, not that I am for a second doubting you, just that I would like to see if there are any associated points that are not covered here in our recent exchanges. It is indeed a relief that notice period can be served back offshore before coming back okay.

[tan777]

Hey guys...mine was smooth - thanks Manci.