Oct 14 Change in Rules - Switching from T2 ICT to T2G

manci · Post by **manci** » Mon Nov 17, 2014 8:40 am

ay wrote:Hi Manci,

I hope you are doing good.
I am confused with the generic statement of "before 6 April 2011" and would like to clarify my situation for ILR eligibility.

I have entered UK as Tier 2 ICT in Oct 2009 and had subsequent ICT extension until Jan 2014. Then I had a change of Employment in UK and got Tier 2 General VISa from Jan 2014.

I believe I am eligible for ILR this month as I have entered UK under Tier 2 ICT with rules placed before April 2010 ?
that is correct, you are eligible to apply now but make sure that you also meet all the other requirements for ILR

Please do provide your valuable inputs.

Thanks for your help in advance
Regards

manci · Post by **manci** » Mon Nov 17, 2014 8:42 am

deleted

som278 · Post by **som278** » Mon Nov 17, 2014 1:42 pm

Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?

Your inputs would be deeply appreciated.

Thanks,
Som

ravi_ei · Post by **ravi_ei** » Mon Nov 17, 2014 5:19 pm

som278 wrote:Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?
Hey you are not unfortunate. With the new rule in place you can extend your Tier 2 General after 2016 for 6 years. The change on 6th Nov 2014 says that this change was because the earlier rule in April 2014 was a drafting error. So it covers you too. This is my understanding from the new Part-6a document. Manci can you confirm
Your inputs would be deeply appreciated.

Thanks,
Som

ravi_ei · Post by **ravi_ei** » Mon Nov 17, 2014 5:20 pm

som278 wrote:Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?
Hey you are not unfortunate. With the new rule in place you can extend your Tier 2 General after 2016 for 6 years. The change on 6th Nov 2014 says that this change was because the earlier rule in April 2014 was a drafting error. So it covers you too. This is my understanding from the new Part-6a document. Manci can you confirm
Your inputs would be deeply appreciated.

Thanks,
Som

ravi_ei · Post by **ravi_ei** » Mon Nov 17, 2014 5:21 pm

som278 wrote:Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?
Hey you are not unfortunate. With the new rule in place you can extend your Tier 2 General after 2016 for 6 years. The change on 6th Nov 2014 says that this change was because the earlier rule in April 2014 was a drafting error. So it covers you too. This is my understanding from the new Part-6a document. Manci can you confirm
Your inputs would be deeply appreciated.

Thanks,
Som

rajdekool · Post by **rajdekool** » Tue Nov 18, 2014 12:24 am

Hi manci,

I have got my Tier 2 ICT Established Entry Clearance on May 2010 for 3 years. Stayed with the same company and extended my visa under ICT Long Term Staff (Leave to Remain) on June 2013 for 2 years. Still staying with the same company.

I am thinking about ILR now. Till now, I never really worried about it.
After carefully going through the changes and these forums, I am wondering whether I would ever be able to apply for ILR within UK. What are my options here?

Would I be able to apply if I stay with the same company for next 5 years (i.e. 10 year long residence)?
If I switch to Tier 2 General under different company, would I be able to apply for ILR in next June?
If I switch to Tier 2 General now under different company, would I be able to apply for ILR only after 5 years within that visa category?
Would I be able to stay in UK for 5 years to apply for ILR if I switch to Tier 2 General?

Can you please guide me through here? I am due to extension in 6 months time. I am sure I can extend under the same category as much as I want to. But without ILR, I do not see the point in staying in UK for that much period even under the same company.

Thanks,
Raj

som278 · Post by **som278** » Tue Nov 18, 2014 4:53 pm

ravi_ei wrote:
som278 wrote:Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?
Hey you are not unfortunate. With the new rule in place you can extend your Tier 2 General after 2016 for 6 years. The change on 6th Nov 2014 says that this change was because the earlier rule in April 2014 was a drafting error. So it covers you too. This is my understanding from the new Part-6a document. Manci can you confirm
Your inputs would be deeply appreciated.

Thanks,
Som

No mate. I have already switched before the 6/11/2014 ruling. So I received my BRP not for 3 years but for the remaining months including my ICT tier 2 leave capping it to an overall 6 year limit. Now that UKVI has clarified it as a drafting error, it does not really help me as only those who switch after 6/11/2014 benefit from it.

So I am wondering how to undo this essentially - I cant go back to ICT tier 2, so my only option is to either leave at the end of the cap despite managing to switch to Tier 2 general, or if the rules allow, to get a new restricted CoS which will keep my tier 2 general leave alive post my cap.

ravi_ei · Post by **ravi_ei** » Wed Nov 19, 2014 7:52 am

som278 wrote:
ravi_ei wrote:
som278 wrote:Hi manci,

I was one of the unfortunate ones that had to switch from ICT tier 2 to Tier 2 general before this new ruling came in place. It is really annoying that they would not care about the people who had to suffer this through owing to a drafting error?

Anyway, now that my stay is capped for 6 years max, I was wondering if there is any options left for me to switch in country? Can I get a fresh Tier 2 general sponsorship? If I get that, would I get into the Tier 2 general 5 year route?
Hey you are not unfortunate. With the new rule in place you can extend your Tier 2 General after 2016 for 6 years. The change on 6th Nov 2014 says that this change was because the earlier rule in April 2014 was a drafting error. So it covers you too. This is my understanding from the new Part-6a document. Manci can you confirm
Your inputs would be deeply appreciated.

Thanks,
Som
No mate. I have already switched before the 6/11/2014 ruling. So I received my BRP not for 3 years but for the remaining months including my ICT tier 2 leave capping it to an overall 6 year limit. Now that UKVI has clarified it as a drafting error, it does not really help me as only those who switch after 6/11/2014 benefit from it.

So I am wondering how to undo this essentially - I cant go back to ICT tier 2, so my only option is to either leave at the end of the cap despite managing to switch to Tier 2 general, or if the rules allow, to get a new restricted CoS which will keep my tier 2 general leave alive post my cap.

Som,

I am not sure if you have read the part 6a document or not but I think your understanding is wrong. I agree that you have switched before 6/11/2014 and you have got your BRP for capped period but if your employer extends your visa or if you apply to switch for employer then you can get extension for up to 6 years only on their Tier 2 General. Here are some excerpts for part 6A document which is released on 6th Nov:

If you see the section 245HE (iv) in the document ( rules for period of grant for leave to remain to tier 2 General )

(iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant (other than as a Tier 2 (Intra-Company Transfer) Migrant), and 6 years.

what this says is if you apply for leave to remain for Tier 2 General which will be the case if you apply for Tier 2 General Extension or change of employer, then you will be granted 6 years only on Tier 2 General. It has no condition set out that if you had switched to Tier 2 general during 6 April 2014 to 6th November 2014 your period of grant will remained capped than the one who switches after 6th Nov 2014.

What the purpose of part 6A document released after 6th Nov 2014 is that anybody who applies for Tier 2 General leave to remain after 6th Nov 2014 the new rules need to be followed. In your case if you apply for Tier 2 General leave to remain now with a COS for extension or change of employment the rules from 6th Nov 2014 will apply which will remove the duration of Tier 2 ICT from your 6 years CAP.

Manci,
You are guru. People here will not believe me until you say that its correct. Please confirm that my understanding is correct.

som278 · Post by **som278** » Wed Nov 19, 2014 11:13 am

Som,

I am not sure if you have read the part 6a document or not but I think your understanding is wrong. I agree that you have switched before 6/11/2014 and you have got your BRP for capped period but if your employer extends your visa or if you apply to switch for employer then you can get extension for up to 6 years only on their Tier 2 General. Here are some excerpts for part 6A document which is released on 6th Nov:

If you see the section 245HE (iv) in the document ( rules for period of grant for leave to remain to tier 2 General )

(iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any breaks between periods of leave of up to 28 days) as a Tier 2 Migrant (other than as a Tier 2 (Intra-Company Transfer) Migrant), and 6 years.

what this says is if you apply for leave to remain for Tier 2 General which will be the case if you apply for Tier 2 General Extension or change of employer, then you will be granted 6 years only on Tier 2 General. It has no condition set out that if you had switched to Tier 2 general during 6 April 2014 to 6th November 2014 your period of grant will remained capped than the one who switches after 6th Nov 2014.

What the purpose of part 6A document released after 6th Nov 2014 is that anybody who applies for Tier 2 General leave to remain after 6th Nov 2014 the new rules need to be followed. In your case if you apply for Tier 2 General leave to remain now with a COS for extension or change of employment the rules from 6th Nov 2014 will apply which will remove the duration of Tier 2 ICT from your 6 years CAP.

Manci,
You are guru. People here will not believe me until you say that its correct. Please confirm that my understanding is correct.[/quote]

Hello Ravi, let me explain my dire situation in a bit more detail.

I came to the UK March 2011 on Tier 2 ICT. So my ICT years do not accrue towards ILR.
However, it had an option to switch to Tier 2 general and start my ILR clock.
When I did switch, neither me nor my sponsor was aware of this seemingly unnoticed drafting error that curtailed such applicant's stay to a maximum of 6 years. So they applied for it and when I got my BRP, it was provided till March 2017 which meant they included my ICT leave onto my Tier 2 general leave and capped it to 6 years.

Only now, I realise that they have corrected this error on 6/11/2014 and any applicants post this date should be alright as this cap has been revoked.

So essentially, I do not see any options for me to get this corrected. I do not understand much about these laws and hence wanted to get it clarified in terms of my options. I had 6 years left in my ICT and now from there it had come to 2.5 years and my sponsor, being an A rated premium one at that, was not aware of this either and I feel completely let down on all fronts!

Anyway, time to stop my rant

Thanks for trying to help me out...appreciate it but may be this would clarify my quandary a lot more..

akshayapte · Post by **akshayapte** » Wed Nov 19, 2014 3:21 pm

Hi Som,

My case - came to the UK on Tier 2 Long Term ICT in Sep 2010, switched to Tier 2 General in Sep 2014 (i.e. before Nov 2014) and got a visa till Sep 2017 that means that my stay will be 7 years at the end of my T2G visa.

It is extendible for another 3 years as well.

Hence I am not under the cap and neither will you.

Regards,
Akshay Apte.

som278 · Post by **som278** » Wed Nov 19, 2014 3:37 pm

akshayapte wrote:Hi Som,

My case - came to the UK on Tier 2 Long Term ICT in Sep 2010, switched to Tier 2 General in Sep 2014 (i.e. before Nov 2014) and got a visa till Sep 2017 that means that my stay will be 7 years at the end of my T2G visa.

It is extendible for another 3 years as well.

Hence I am not under the cap and neither will you.

Regards,
Akshay Apte.

Something has gone wrong here for me then.. My sponsor applied for 3 years...so from Nov 2014, ideally speaking I should've gotten leave till Nov 2017, but I only got it till March 2017..is there something that is specific to my case that is causing this? my original leave is Tier 2 ICT established staff...

sandeeprajput · Post by **sandeeprajput** » Thu Nov 20, 2014 10:34 pm

Hello Manci,

1. Tier 2 ICT established staff visa - April 2011 to Feb 2013
2. Renewed visa till Feb 2015

Can you please assist me here?

1. Can I switch job under from Tier 2 ICT to T2G with new CoS? If yes, I believe as per OCT14 changes T2G visa will be given for 6 years. Please confirm
2. Can I apply T2G within UK or need to go back to India? Is cooling off period (1 year) is applied to me?

TIA

sandeeprajput · Post by **sandeeprajput** » Thu Nov 20, 2014 10:38 pm

Hello Manci,[Please consider this]

1. Tier 2 ICT established staff visa - April 2011 to Feb 2014
2. Renewed visa till Feb 2016 and working for the same sponsor in UK currently

Can you please assist me here?

1. Can I switch job under from Tier 2 ICT to T2G with new CoS? If yes, I believe as per OCT14 changes T2G visa will be given for 6 years. Please confirm
2. Can I apply T2G within UK or need to go back to India? Is cooling off period (1 year) shall apply to me?

Please advise, TIA

smithSA · Post by **smithSA** » Mon Nov 24, 2014 2:37 pm

Hi Manci

I feel I need to ask about my situation separately because all the previous posts are slightly different and deal with different timelines.

I am currently 6 months through my 12 month Tier 2 ICT visa.
Current ViSa : tier 2 ICT start May 2014 to April 2015

I am still with the same sponsor and would like to extend that to May 2015 to April 2016 with the same sponsor

I would like to know what my options are for extending that for at least another 12 months?
Do I (a) switch to TIER 2 General or (b) switch to tier 2 long term.

You help is much appreciated

Thanks

Balajikaki · Post by **Balajikaki** » Mon Nov 24, 2014 8:59 pm

Hi,
I am switching from Tier 1 General visa to Tier 2 General visa, could any one please let me know appropriate salary for this.

Thanks
Balaji

som278 · Post by **som278** » Tue Nov 25, 2014 10:28 am

smithSA wrote:Hi Manci

I feel I need to ask about my situation separately because all the previous posts are slightly different and deal with different timelines.

I am currently 6 months through my 12 month Tier 2 ICT visa.
Current ViSa : tier 2 ICT start May 2014 to April 2015

I am still with the same sponsor and would like to extend that to May 2015 to April 2016 with the same sponsor

I would like to know what my options are for extending that for at least another 12 months?
Do I (a) switch to TIER 2 General or (b) switch to tier 2 long term.

You help is much appreciated

Thanks

You cant switch in-country to tier 2 general on any ICTs issued post April 2011. So if your sponsor extends, you stay or you go back wait for a year which is a mandatory cooling off period and apply from your home country for Tier 2 General to get back here.

RITURAJ · Post by **RITURAJ** » Wed Nov 26, 2014 12:28 am

Hi ,

My case is almost the same Tier 2 ICT ST valid from Jul-14 to JUL15.Currently working for Indian MNC.
My question is
1. Can i extend my visa from Jul-15 to further.If yes then how?
2. Incase i switch my employer from Indian MNC to UK MNC would it be possible to extend my visa data ?

Thanks

som278 · Post by **som278** » Wed Nov 26, 2014 9:38 am

RITURAJ wrote:Hi ,

My case is almost the same Tier 2 ICT ST valid from Jul-14 to JUL15.Currently working for Indian MNC.
My question is
1. Can i extend my visa from Jul-15 to further.If yes then how?
2. Incase i switch my employer from Indian MNC to UK MNC would it be possible to extend my visa data ?

Thanks

I presume you would be ICT short term - so you can't extend your stay with that visa. The only option is for you to go back and should your employer choose to send you back to the UK, you can apply ICT Tier 2 Long term staff migrant and come back. The maximum leave you can obtain is 5 years with that visa. However, there is no cooling off period for applying for long term visa from India.

There are no other options to switch in country for any ICTs issued post 6/4/2011. So you can't switch your employment in country.

smithSA · Post by **smithSA** » Wed Nov 26, 2014 1:39 pm

Hi

Following on to your response to RITURAJ.

If we go back to home countries and apply for a Tier 2 Long term visa, at what time can we do that?
Do we have to wait for our current visa to end and then apply or can we apply while our current VISA is still active?

Thanks

manci · Post by **manci** » Wed Nov 26, 2014 2:38 pm

@smithSA
there is no cooling off if your previous visa was T2 ICT Short Term Staff, you can apply any time for T2 ICT Long Term staff visa from home country if you have a CoS. Salary threshold £41k.

KVP · Post by **KVP** » Wed Nov 26, 2014 9:59 pm

Dear Manci,

I am a new member here.

Could you please clarify my queries (at the end).

My details:

1) Workpermit issued for Intra-company transfer - vaild from Nov 2008 to Nov 2010.

First entry in UK: Dec 2008
Left UK: Aug 2009

I had a break more than year - Aug 2009 to Oct 2010
i.e. worked for same employer at offshore location

2) Applied Tier 2 ICT - Applied from India and valid from Oct 2010 to till date.
Entry to UK: Oct 2010

Staying over 4 years in UK by doing in-country extension for same employer.

My queries:

1) Is there a way to qualify for ILR under 5 year employment route as my initial WP and ICT overlapped? i.e. I applied for Tier 2 ICT before my WP expired. I could have travelled using WP. My ignorance/situations, my employer applied for ICT - Established Staff

2) If I try to apply for ILR as WP entrant, Is my continious period broken here?

3) Is there a way to combine WP and ICT and apply for ILR on Oct 2015 under 5 year employment route?

4) What is the possibility if I switch to Tier 2 - General visa now for another employer?

My heartful thanks to you if you could clarify my queries.

manci · Post by **manci** » Thu Nov 27, 2014 10:10 am

@KVP
what was the exact date of your return to the UK in Oct 2010?

KVP · Post by **KVP** » Thu Nov 27, 2014 10:50 am

Hi Manci,

My travel date 2010 is 01-Oct-2010

KVP · Post by **KVP** » Thu Nov 27, 2014 10:59 am

and my old WP was valid till 22-Nov-2010.

I called to UKBA once last month, their answer is not clear. they just told below,
1) the break is for more than a year, so continious period is broken
2) Second entry clearance is done through ICT, which is issued after 06-Apr-2010. Visa Overlapping does not matter.

Given the above point, am not going to quailfy for ILR.

(Also they didn't answer my another question - what if I would have entered with same WP, their answer is "we don't want to discuss about that")

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