Tier 2 ICT to Tier 2 general

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Tier 2 ICT to Tier 2 general

Postby Agastya80 » Sun Mar 27, 2011 8:15 pm

Hi All,
I am currently on Tier 2 ICT and wanted to switch to Tier 2 General with a new sponsor(employer). Until today I was under impression that after 6th april all applicants who had their ICTs issued before 6th april will be able to switch to tier 2 general. But today when I downloaded new guidelines from UKBA website for tier 2 application that will be applicable from 6th april it stated something I didnt expect. According to the new form guidance no one on tier 2 ICT will be allowed to switch into tier 2 general. Please could somebody share their understanding on new rules?
Thanks
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Postby sushdmehta » Mon Mar 28, 2011 3:57 am

Existing Tier 2 (ICT) migrants will not be able to switch to Tier 2 (General) from 06-Apr-11 (245HD(b)).
Amendments to Tier 2 of the Points Based System -> 7.11 -> bullet point 7 in the list wrote:Applicants will not be able to switch between sub-categories while they are in the UK.
Last edited by sushdmehta on Tue Mar 29, 2011 4:36 pm, edited 2 times in total.
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Postby sarath1212 » Mon Mar 28, 2011 9:50 am

sushdmehta wrote:Existing Tier 2 (ICT) migrants will not be able to switch to Tier 2 (General) from 06-Apr-11 (245HD(b)).


Does this mean the guys who is in country on T2 ICT visa (pre Apr 2010) can't transfer the visa to T2 (G)?

Thanks,
R
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Postby Agastya80 » Mon Mar 28, 2011 11:06 am

Yes, we won't be allowed to switch.. :cry:
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Postby sarath1212 » Mon Mar 28, 2011 11:11 am

Agastya80 wrote:Yes, we won't be allowed to switch.. :cry:


OMG ......then what could be the other options if want to continue my stay here?? mean chane of employment???

Please advice.

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Postby Agastya80 » Mon Mar 28, 2011 11:32 am

I am also looking for an answer to this one, mate.
lets hope someobody from the forum with much experience and knowledge will provide some direction/guidance....
Thanks!
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Postby sarath1212 » Mon Mar 28, 2011 12:18 pm

Agastya80 wrote:I am also looking for an answer to this one, mate.
lets hope someobody from the forum with much experience and knowledge will provide some direction/guidance....


Yes Please..............

I thought all the new changes ONLY applicable to new ICT applicants and will not affect the guys who are already in T2 ICT (pre April 2010).

Experts please advice on this....
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Postby sarath1212 » Mon Mar 28, 2011 12:30 pm

sushdmehta wrote:Existing Tier 2 (ICT) migrants will not be able to switch to Tier 2 (General) from 06-Apr-11 (245HD(b)).


Hi Sushdmehta,

When the ''Tier 2 (intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (intra-Company Transfer) Migrant granted under the rules in place before 6 april 2010.''----- is allowed for ILR after continous 5 yrs why they will stop them changing their visa to Tier 2(General)?

Please can you advice on the above.

Many Thanks,
Raj
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Postby sushdmehta » Mon Mar 28, 2011 1:02 pm

Because the new immigration rules regarding leave to remain as Tier 2 (General) migrant (link provided above) state so. You will note the absence of Tier 2 (ICT) in the list of eligible categories.

Immigration requirements for (limited) leave to remain and indefinite leave to remain are different. To ascertain whether one can switch or not, one needs to look at the former, not the latter.

So, unless there is an error in the statement of changes to immigration rules, switching is not possible after 06-Apr-11.
Last edited by sushdmehta on Mon Mar 28, 2011 1:39 pm, edited 1 time in total.
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Postby sarath1212 » Mon Mar 28, 2011 1:39 pm

sushdmehta wrote:So, unless there is an error in the statement of changes to immigration rules, switching is not possible after 06-Apr-11.


Thanks for your prompt response Sushdmehta. I hope (pray the god) it is an error in the statement of changes to immigration rules and will be sorted out before they implement the changes.
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Postby Agastya80 » Mon Mar 28, 2011 3:46 pm

Thanks for your reply Sushdmehta.
I do hope and pray that there will be some positive news after 6th april for existing tier 2 ICTs regarding switching, if not, then only god know what will happen to few of us.
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Postby ArgieBee » Mon Mar 28, 2011 4:14 pm

I think it was also in the February statement of intent issued by the UKBA. Page 9:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It is not an error that in-country switching from tier 2 ICT to tier 2 general has been removed.

You can still leave and come back under tier 2 general, but it would count in the cap (unless it fits in one of the rules for the unrestricted categories).

I heard a rumour that NASSCOM had provided suggestions to the HO on how to make sure that the tier 2 ICT route did not lead to permanent migration.
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Postby Agastya80 » Mon Mar 28, 2011 4:19 pm

Thanks for your reply, ArgieBee.

on the page 9 it also says that "We will not apply the new Rules to ICTs already in the UK."

but in reality they are applying this new rule to ICTs already in the UK.

isn't it??
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Postby sarath1212 » Mon Mar 28, 2011 6:56 pm

ArgieBee wrote:I think it was also in the February statement of intent issued by the UKBA. Page 9:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It is not an error that in-country switching from tier 2 ICT to tier 2 general has been removed.



The link (bottom of page 9) clearly states ''We will not apply the new Rules to ICTs already in the UK.''

Experts please can you clarify the contradiction between the Feb &March statements.

Thanks,
Raj
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Postby sarath1212 » Tue Mar 29, 2011 9:39 am

sarath1212 wrote:
ArgieBee wrote:I think it was also in the February statement of intent issued by the UKBA. Page 9:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It is not an error that in-country switching from tier 2 ICT to tier 2 general has been removed.



The link (bottom of page 9) clearly states ''We will not apply the new Rules to ICTs already in the UK.''

Experts please can you clarify the contradiction between the Feb &March statements.

Thanks,
Raj
Moderators/Gurus, Plase can you give your valuable advice on the above.
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Postby sushdmehta » Tue Mar 29, 2011 11:01 am

Already offered. If in doubt, wait until 06-Apr-11 or consult a solicitor.
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Postby ArgieBee » Tue Mar 29, 2011 4:01 pm

@sarath1212
I agree that it is unclear if the UKBA will allow switching to tier 2 general for pre 06-04-2011 ICTs. You could try contacting them and post the answer.

However the cap for tier 2 general (20,700) is high for the first year. There were only 8,555 entry clearances for tier 2 general in 2009 (and 9,915 in 2010 under the temporary cap) and a lot of people would now not be eligible under the new "graduate occuptaion" rules.
The numbers are here:
http://rds.homeoffice.gov.uk/rds/pdfs11 ... 0-tabs.xls

I guess they are allowing for a number of people who would have used tier 1 general now using tier 2 general instead (as tier 1 general is effectively closed except for exceptional talent like the US O visa).

So if you do find a sponsor/employer then they probably won't find it difficult getting a restricted tier 2 general CoS.

I am not sure if you physically have to leave and re-enter. Maybe one of the experts could answer.
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Postby sushdmehta » Tue Mar 29, 2011 4:10 pm

Restricted CoS are only meant to be used for entry clearance application(s).

And Tier 1 (Exceptional Talent) is different from Tier 1 (General) category. It is a new sub-category within Tier 1.
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Postby sarath1212 » Tue Mar 29, 2011 4:23 pm

ArgieBee wrote:@sarath1212
I agree that it is unclear if the UKBA will allow switching to tier 2 general for pre 06-04-2011 ICTs. You could try contacting them and post the answer.

However the cap for tier 2 general (20,700) is high for the first year. There were only 8,555 entry clearances for tier 2 general in 2009 (and 9,915 in 2010 under the temporary cap) and a lot of people would now not be eligible under the new "graduate occuptaion" rules.
The numbers are here:
http://rds.homeoffice.gov.uk/rds/pdfs11 ... 0-tabs.xls

I guess they are allowing for a number of people who would have used tier 1 general now using tier 2 general instead (as tier 1 general is effectively closed except for exceptional talent like the US O visa).

So if you do find a sponsor/employer then they probably won't find it difficult getting a restricted tier 2 general CoS.

I am not sure if you physically have to leave and re-enter. Maybe one of the experts could answer.


Thanks for the response ArgieBee&Sushdmehta.I have sent a email to UKBA requesting the clarification and post the same when i get the response.

Thanks,
Raj
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Postby Agastya80 » Tue Mar 29, 2011 4:26 pm

Thanks for your posts Argiebee and Sushdmehta.

I've also sent an email to UKBA asking for a clarification and hope will get some response soon. I'll post their response here.
Thanks!
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