Tier 2 ICT Long term staff Migrant to Tier 2 General.

Saad_1236 wrote:Hi,

I had a Tier 2 ICT (Short term visa)
Validity: July'12 to July'13. My Company offered me to move for tier 2 ICT (Long term staff) for continuation of my support in UK.

However If for an example I apply for Tier 2 ICT Long term staff migrant visa in Sep'13 - after 6 months if I get another opportunity who can give me sponsorship for Tier 2 general.

In this case, Am I able to apply/switch to tier 2 general (with change in sponsor)?Is there any cooling off period am I going to trap in?
you would not be able to switch in-country and cooling off would apply
Thanks and Regards,

MODERATORS
Please move this thread to Tier 2
Saad

manci wrote:@bobby1979

You can switch to T2G and your time under T2 ICT will count for the 5 year continuous lawful period that is required for ILR provided the other requirements are also satisfied. Read p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You will be eligible for ILR in 2015 but you will have to time your application in such a way that the 10 months (approx. 323 days) absence is broken up so that no absence is longer than 180 days in any of the 12 month periods calculated backwards from the date of your ILR application. On this basis the earliest you can apply will be sometime in August 2015 - you'll have to work out the exact window in which you can apply.

Bhags wrote:Hi Manci

situation:
I am currently on tier 2 ict (long term staff) since jan 2010. and ILR is due in dec 2014.

question:
if I try to switch to tier 2 general from other sponser(because of no project with my current employer), do my dependents have to apply to change their visa also ?

Thanks

manci wrote:@susan0x
why did you apply for a new visa in July 2011 when you still had leave until Dec 2011?

manci wrote:@susan0x
Counted backwards from the time of the application for settlement the absence in each 12 month period must not exceed 180 days. Your long absence Nov 10 - July 11 (approx. 8 months) has to be broken up into two absences none of which is longer than 180 days. This can be achieved by the judicious timing of your application. You didn't give the actual dates of the long absence but it seems that the earliest you could apply would be sometime in Sept 2015.

Have a look at p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

the actual relevant immigration rules are in paras 245AAA and 245GF:
https://www.gov.uk/government/uploads/s ... art_6A.pdf

susan0x wrote:

manci wrote:@susan0x
Counted backwards from the time of the application for settlement the absence in each 12 month period must not exceed 180 days. Your long absence Nov 10 - July 11 (approx. 8 months) has to be broken up into two absences none of which is longer than 180 days. This can be achieved by the judicious timing of your application. You didn't give the actual dates of the long absence but it seems that the earliest you could apply would be sometime in Sept 2015.

Have a look at p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf

the actual relevant immigration rules are in paras 245AAA and 245GF:
https://www.gov.uk/government/uploads/s ... art_6A.pdf

Thanks Manci...... thanks for your responses....

My absense breakdown is as beow:

Break Start Break END Total Absence Reason
Year 5 03-May-15 03-May-14
Year 4 03-May-14 03-May-13
Year 3 03-May-13 03-May-12 15-Nov-12 17-Dec-12 32 Paid Leave
Year 2 03-May-12 03-May-11 04-May-11 10-Jul-11 67 Company Assignment
Year 1 03-May-11 03-May-10 01-Dec-10 03-May-11 153 Company Assignment
your absences are less than 180 days in each 12 month period, so you can apply 28 days before 3 May 2015

But Manci, as I told you I got a fresh visa in Jul 2011..... then also it would be possible.... if yes, what type of letters are required from the company. please let me know....
no special letter will be required w.r.t the fresh visa application in July 2011 - see 245AAA(a)(ii). The only letters your sponsor will need to provide are as per 245GF(e) and 245GF-SD B
thanks

susan0x wrote:Thanks a lot Manci, you solved my problem...... one more thing and my last question, I need to know... as My Visa starts from 20-Apr-2010 and I landed here on 3-May-2010..... so can I apply 28 days before 20-Apr-21010 or 28 days before 3-May-2010......