Tier 2 ICT to Tier 2 general

[Agastya80]

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

[geriatrix]

Thanks for pointing that out. Time for further clarification from UKBA!

[amyharris]

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]

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]

Sushdmehta - will you be writing to the UKBA again?

Done .. and response received.

[smoothraj]

Sushdmehta - will you be writing to the UKBA again?

Done .. and response received.

thanks - you are awesome!

[Agastya80]

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

[amyharris]

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]

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€

[wiqram]

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]

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.

[Mayan12]

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



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

-Mayan

[smoothraj]

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



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

-Mayan

sushdmehta- your comments please..

[geriatrix]

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.

[smoothraj]

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.

[wiqram]

in addition to my previous question on switch from T2 ICT to T2 General.

I first came to UK on Work Permit, from there on, i have extended my visa every year for the past 4 years and in that process have changed the visa status from WP to TIER 2 ICT to TIER 2 ICT (Established Staff) and more recently to TIER 2 ICT ( Long Term leave to remain ).

Now in this case, will i still be considered to have a TIER 2 ICT under the Immigration Rules in place before 6 April 2010?

I cannot see the TIER 2 ICT ( Long Term Leave to remain ) as one of the visa types that can be switched to TIER 2 General.

Moreover, currently there are some proposals to implement a minimum salary limit to apply for ILR, does anyone know the latest on this?

[Mayan12]

Hi - I applied for the switching and the application has been approved. Any questions do let me know

-Mayan

[gupta_ust]

Hi - I applied for the switching and the application has been approved. Any questions do let me know

-Mayan

Congratulations...Mayan...after a very long time period I have heard a news of relief in this forum..

I have T2 ICT (issued before Apr'10) which got extended recently. But for extension, employer issued COS which says "T2 Long Term Staff". Does that mean I cannot now apply within country for swiching to T2 -G? Am I no more covered under rules in place before Apr'10?

Do anyone know that for extending T2 ICT, is there a different type of COS which should be issued by employer rather than issuing COS - Long term staff as if it is a new application?

[Agastya80]

Hi - I applied for the switching and the application has been approved. Any questions do let me know

-Mayan

Congrats, Mayan! This is certainly great news.
I’ve got few questions and would appreciate if you could share your experience please –
after passing RLMT how much time did it take to get Unrestricted COS? Could you share timescale of your application?
As it was a switch application did you have to provide evidence for Maintenance Fund and English Language requirement?

[Mayan12]

Hi,

Time lines:
Job advertised: 14th Dec
COS issued(change of employment): 20th Jan
Visa Application PEO: 3 Feb
Approval letter: same day.

Yes I did provide the proof of proficiency in English. Maintenance was assured by the A- Rated sponsor.

-Mayan

[Agastya80]

Hi,

Time lines:
Job advertised: 14th Dec
COS issued(change of employment): 20th Jan
Visa Application PEO: 3 Feb
Approval letter: same day.

Yes I did provide the proof of proficiency in English. Maintenance was assured by the A- Rated sponsor.

-Mayan

Thanks for your reply, Mate.
Sorry for being a pain, but was your application for change of employment with same employer or different employer from Tier 2 ICT to Tier 2 General?

[Mayan12]

np - the CoS was issued by a different employer.

-Mayan

[smoothraj]

np - the CoS was issued by a different employer.

-Mayan

Hi Mayan -
Congratulations !
I had a few questions and would be grateful if you can answer some of them -

did you make an in person application (i think this service maybe known as fast track premium or same day service) ..

you mentioned that you received an approval letter on the same day.. what does the letter say - does it outline the next steps in terms of biometric card application etc?

the appointment booked by the immigration consultant hired by your new employer?

In terms of documentation ... Along with the copy of unrestricted tier-2 gen CoS did your new employer also ask you to submit documents related to RLMT (resident Labour Market test) that they would have conducted?

thanks!
Raj

[Mayan12]

Hi Raj,

Yes Raj - It was PEO appointment - It is not needed, I did it because I was hard pressed for time.

Approval letter doesn't say much(it's a normal letter talking about the BRP card)

Yes - I did go through a solicitor( but again this is not necessary - I went for his service, as they had some appointments with PEO)

The CoS will have the details of the RMLT

Happy to be of any help - Do let me know if you have any questions

-Mayan

[smoothraj]

Hi Raj,

Yes Raj - It was PEO appointment - It is not needed, I did it because I was hard pressed for time.

Approval letter doesn't say much(it's a normal letter talking about the BRP card)

Yes - I did go through a solicitor( but again this is not necessary - I went for his service, as they had some appointments with PEO)

The CoS will have the details of the RMLT

Happy to be of any help - Do let me know if you have any questions

-Mayan

Thanks Mayan.
i do have some follow up questions actually

did you resign from your existing employer before making the application or just after your received the approval letter?

can you PM me your solicitior's contact details (is he/she based in London).. i have checked with 2 immigration consultants here in london and neither of them have any fast track appointments?

do you know if you are allowed to change your mind after the tier-2 gen is granted say your existing employer offered you twice the salary to retain you .. can you ask UKBA to cancel the tier-2 gen work permit and allow you to continue working on your current tier-2 ICT and extend later down the year when it expires?

thanks!