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Tier 2 ICT to Tier 2 general

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Agastya80
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Post by Agastya80 » Tue May 10, 2011 5:20 pm

mamasa wrote:I understand from the post that the Tier 2 ICT to Tier 2 General is not allowed.

But my prospective employer has issued me the Tier 2 General COS while I am in the country on Tier 2 ICT. He has also done RLMT.

Can I make my application within the country now ?
unfortunately you can't make application within the country.

assuming you have got issued Restricted COS then you can apply from your home country.
Thanks!

maverick.topgun1984
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...

Post by maverick.topgun1984 » Sat May 14, 2011 10:13 pm

Hi,

I had applied for a Tier 2 ICT extension and received my passport today. Alongwith the passport and other documents, I have received a document which mentions some basic FAQ's about ICT etc. One of the question in it is "Can I change my sponsor?" and it mentions that I can change my sponsor provided I have a valid COS issues by the new sponsor and the application is made 3 months before joining the new employment. I am a bit confused now as this means that if I have a sponsor who can issue me a new COS, I can switch to the new employment. So does that mean one can switch categories?

My ICT was issued in Sept 2009 and now has been extended after 24th April 2011.....

WP09
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Post by WP09 » Thu May 19, 2011 10:52 pm

Hi Maverick,
This is an interesting one (i.e valid if applied before 3 months of new employment).

Sushad/Agastya - can you throw some light on this please.

geriatrix
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Post by geriatrix » Fri May 20, 2011 9:05 am

The three pages of this topic have "thrown enough light" to answer such queries and prove the point, so please make an effort to read through the pages.
Life isn't fair, but you can be!

Agastya80
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Re: ...

Post by Agastya80 » Fri May 20, 2011 3:59 pm

[quote="maverick.topgun1984"]Hi,

I had applied for a Tier 2 ICT extension and received my passport today. Alongwith the passport and other documents, I have received a document which mentions some basic FAQ's about ICT etc. One of the question in it is "Can I change my sponsor?" and it mentions that I can change my sponsor provided I have a valid COS issues by the new sponsor and the application is made 3 months before joining the new employment. I am a bit confused now ...................."""quote]

Maverick - thanks for your post.

I can't really comment on this as I've not seen this information any where on the documentation published on the UKBA.
In previous posts you would have noticed that I did post a reply direct from the UKBA confirming that Tier 2 ICTs are not allowed to switch.
Until there is either a direct confirmation from the UKBA that Tier 2 ICTs are allowed to switch or any updates on the website regarding changes to this rule, I think the position is still stands same i.e. not allowed.

Have you tried contacting UKBA for a clarification after this letter you have received?
Thanks!

maverick.topgun1984
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...

Post by maverick.topgun1984 » Sat May 21, 2011 12:31 pm

I have not contacted the UKBA and am in consultation with some immigration experts. Will keep you all posted

geriatrix
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Post by geriatrix » Thu Oct 27, 2011 8:52 pm

Life isn't fair, but you can be!

Mayan12
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Post by Mayan12 » Sat Oct 29, 2011 9:04 am

Hi Sushd - Thatz a good news for a lot of us. What about the RMLT - do we have to get it done for in country applications.

-Mayan

Greenie
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Post by Greenie » Sat Oct 29, 2011 9:26 am

I would exercise extreme caution in following the advice of the UKBA in this email communication. The rules are clear and were only recently changed to prevent Tier 2 ICT migrants switching to Tier 2 general I doubt they are going to be changed back. The rules and not the guidance or the information on the UKBA website are the law and until the law is changed anyone attempting to switch is liable to be refused (correctly) under the rules.

UKBA employees are known to give incorrect information in response to such queries.

geriatrix
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Post by geriatrix » Sat Oct 29, 2011 10:59 am

I completely agree with Greenie on what he has stated above (and that is the very reason that this discrepancy was brought to the attention of UKBA and clarification sought).

That said, I would like add here that the email was sent to the functional head of PBS Operational Policy unit at UKBA and the response received directly from the very person the email was sent to.
Life isn't fair, but you can be!

Agastya80
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Post by Agastya80 » Tue Nov 01, 2011 10:36 pm

Hi

Thanks Sushdmehta for this update. However, while I was reading new Tier 2 Policy Guidance (Version 10/2011) and noticed below text on page 5 right under the box in fine prints under point 16 Switching section

Please note that it is not possible to switch from Tier 2 (Intra Company Transfer) to Tier 2 (General) from within the UK, regardless of the date you were first granted leave under Tier 2 (Intra Company Transfer)

this contradicts with what's mentioned on page 4. i.e. switching is allowed if tier 2 ICT is established staff or tier 2 ICT under the rules in place before 6 April 2010

I really don't know what to make out of this new guidance document????

Did anyone noticed this or may be I am getting this wrong?

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Thanks!

geriatrix
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Post by geriatrix » Wed Nov 02, 2011 11:17 am

Thanks for pointing that out. Time for further clarification from UKBA!
Life isn't fair, but you can be!

amyharris
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Post by amyharris » Wed Nov 02, 2011 4:33 pm

I had posted a question before, regarding switching from Tier 2 Intra Company Transfer Visa- Established Staff to Tier 2 General within the UK. I read the same thing on the UKBA site, which says that Established Staff can switch to General.

Please confirm if this is right.

Also, my spouse is on a dependent visa. Would he have to go back to my home country, or should my new company apply a visa for her simultaneously while they apply a visa for me? Or do I need to do it after I get my visa?

smoothraj
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Post by smoothraj » Wed Nov 02, 2011 5:38 pm

sushdmehta wrote:Thanks for pointing that out. Time for further clarification from UKBA!
yes somehow we all seem to have missed that!

Sushdmehta - will you be writing to the UKBA again?

geriatrix
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Post by geriatrix » Wed Nov 02, 2011 7:28 pm

smoothraj wrote:Sushdmehta - will you be writing to the UKBA again?
Done .. and response received.
Life isn't fair, but you can be!

smoothraj
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Post by smoothraj » Wed Nov 02, 2011 8:39 pm

sushdmehta wrote:
smoothraj wrote:Sushdmehta - will you be writing to the UKBA again?
Done .. and response received.
thanks - you are awesome! :)

Agastya80
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Post by Agastya80 » Wed Nov 02, 2011 9:04 pm

Thanks, Sushdmehta. Really appriciate what you are doing for the forum, can't thank you enough.
Thanks!

amyharris
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Post by amyharris » Thu Nov 03, 2011 6:27 am

I am sorry, but does that mean, that the footnote which states that Tier 2 ICT cannot switch to Tier 2 General, is accepted by the UKBA as erroneous, or was it that on point 16- 1st point, which says that Tier 2 ICT (Established staff) can switch is wrong?

I know I may seem a bit thick :? , but I would understand a footnote to mean the note on the end of the page?

sushdmehta, could you please confirm which note UKBA confirmed to be wrong? Thanks so much for what you are doing for the forum.

Agastya80
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Post by Agastya80 » Thu Nov 03, 2011 12:25 pm

I had also sent an email to UKBA for clarification and have just received a response as below -

Dear Sir,
I would like to request for a clarification on one of the point I noticed recently regarding switching from Tier 2 ICT to Tier 2 General.
On the UKBA website and within the new Tier 2 Policy Guidance (version 10/2011) on page 4 under section heading Switching, the Tier 2 policy guidance states that Tier 2 ICT migrants can switch to Tier 2 (General) if they have, or were last granted leave as -
- Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor.
- Tier 2 (Intra company transfer) under the Immigration Rules in place before 6 April 2010, if you are applying to change sponsor.
However, this contradicts with notes mentioned on the next page 5 right under the box in fine prints which states -
“Please note that it is not possible to switch from Tier 2 (Intra Company Transfer) to Tier 2 (General) from within the UK, regardless of the date you were first granted leave under Tier 2 (Intra Company Transfer)â€
Thanks!

wiqram
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Doubt on TIER 2 ICT and ILR/PR

Post by wiqram » Thu Nov 03, 2011 5:14 pm

I guess, i have a doubt that every other individual in UK on Tier 2 (ICT) has. And i havent seen any response which can 100% clarify my doubt. Please can someone kindly respond to my below doubts. It would be of much help to me -->

1) I arrived to UK on a work permit and then switched to a TIER 2 (ICT) in 2009. Since then it has been TIER 2 ICT for me. Today if i decide to switch companies and the company is ready to sponsor TIER 2 General, can i switch?
2) If i Can switch, then the next question is can i switch within UK?
3) If i can switch within UK then its clear that i can apply for ILR or PR after completing 5 years. But if i cannot switch within UK and have to go back to India to switch to TIER 2 general, then the next major question is - will it impact my application of ILR or PR? Will my counter in the UK start from 0 again?

Agastya80
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Re: Doubt on TIER 2 ICT and ILR/PR

Post by Agastya80 » Thu Nov 03, 2011 10:21 pm

wiqram wrote:I guess, i have a doubt that every other individual in UK on Tier 2 (ICT) has. And i havent seen any response which can 100% clarify my doubt. Please can someone kindly respond to my below doubts. It would be of much help to me -->

1) I arrived to UK on a work permit and then switched to a TIER 2 (ICT) in 2009. Since then it has been TIER 2 ICT for me. Today if i decide to switch companies and the company is ready to sponsor TIER 2 General, can i switch?

YES

2) If i Can switch, then the next question is can i switch within UK?

YES. The word 'Switch' in the context of UKBA always means within UK.


3) If i can switch within UK then its clear that i can apply for ILR or PR after completing 5 years.

YES, based on current rules, but may change in future


But if i cannot switch within UK and have to go back to India to switch to TIER 2 general, then the next major question is - will it impact my application of ILR or PR? Will my counter in the UK start from 0 again?

I have seen posts in this forum where some people have confirmed that if you come back within 60 or 90 days then ILR clock won't be reset.
I would suggest you check this with senior members, consultant firm and UKBA.



Thanks!

Mayan12
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Fine - but is RLMT required?

Post by Mayan12 » Fri Nov 04, 2011 12:05 am

Before they removed switching from ICT to T2G in Aprial 2011 - UKBA had published the process shown below.

Image

Now with the reversal of rule, is RLMT required for IT to T2G?

-Mayan

smoothraj
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Re: Fine - but is RLMT required?

Post by smoothraj » Sat Nov 05, 2011 11:20 pm

Mayan12 wrote:Before they removed switching from ICT to T2G in Aprial 2011 - UKBA had published the process shown below.

Image

Now with the reversal of rule, is RLMT required for IT to T2G?

-Mayan
sushdmehta- your comments please..

geriatrix
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Post by geriatrix » Sun Nov 06, 2011 12:43 pm

If a (new) employer is now required to conduct RLMT when issuing uCoS to an existing Tier 2 (General) migrant in the UK, then I see no reason why the process should be any different for existing Tier 2 (ICT) migrants wishing to switch to Tier 2 (General).

But the devil lies in the detail so wait for the policy guidance to be amended.
Last edited by geriatrix on Sun Nov 13, 2011 9:19 am, edited 1 time in total.
Life isn't fair, but you can be!

smoothraj
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Post by smoothraj » Sun Nov 06, 2011 3:28 pm

sushdmehta wrote:If a (new) employer is required to conduct RLMT when issuing uCoS to an existing Tier 2 (General) migrant in the UK, then I see not reason why the process should be any different for existing Tier 2 (ICT) migrants wishing to switch to Tier 2 (General).

But the devil lies in the detail so wait for the policy guidance to be amended.
Thanks - if tier-2 ICT can switch (to tier-2 gen) employers as long they are doing the same job without needing RMLT (as per the flow diagram) then that would be fantastic. I live in hope :)

Any indication on when the ammended guidance would be published? or is it anyone's guess.

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