Tier 2 ICT to Tier 2 general

sushdmehta wrote:Any point in posting out-of-office auto-replies? Deleted.
Post when you receive a reply that addresses your concern(s) - confirming what the proposed immigration rules state or to the contrary / different.

I got the below response from UKBA when I asked the question on switching from Tier 2 ICT to Tier 2 General -->

Dear Sir,
Thank you for your enquiry.
Please be advised you can switch into Tier 2 (General) from Tier 2 (Intra Company Transfer) in the UK.

Please see the link below for more information.

http://www.ukba.homeoffice.gov.uk/worki ... switching/


Yours faithfully,
Umar Saif
Immigration Group
UK Border Agency


Note that my question to ukba was as below

"Hi,


I would like to know if someone is in UK on Tier 2 ( Intra company transfer)
before April 6, 2011 then can he switch to Tier 2 (general) post April 6, 2011
if there is a valid sponsor identified and the person meets all the job
requirements.

Can you please clarify this as it is not clear.
"

The link provided refers to categories that can switch to Tier 1 (General) under the "current" immigration rules.

As mentioned in one of my responses above, the relevant immigration rule 245HD(b) does not list Tier 2 (ICT) as amongst the list of migrants who can switch (i.e.- apply for leave to remain) to Tier 1 (General) from 06-Apr-11 onwards.

Anyone writing to UKBA for clarification on the matter should quote immigration rule 245HD(b) - as proposed in the Statement of changes to Immigration Rules (HC 863) - in an effort to get a "correct" response from UKBA.

Hi All,

Sorry for bringing the bad news. I've had a response now from UKBA. Please see below.

Dear Mr Kumar,

The Immigration Rules set out the full final policy. Tier 2 (ICT) migrants will not be able to switch in-country into Tier 2 (General) from 6 April 2011.

The transitional arrangements only apply to individuals who are extending within the same category. If someone wishes to switch from one category into another, they will normally be subject to the new rules.

Regards,
Immigration Policy
UK Border Agency
Sheffield

I sent email requesting clarification if exisiting tier 2 ICTs will be allowed to switch or not after 6th april 2011.

I am still not convinced that you can't switch from Tier 2 ICT to Tier 2 general.

Please check the guidance document to be applied from 6th April. Point 185 , Page 35.

http://www.ukba.homeoffice.gov.uk/sitec ... e-0411.pdf


It clearly states that you can apply

Leave to Remain where you are making
a change of employment application
and/or your previous grant of leave was
in one of the categories below:
• Any Tier 1 or Tier 4 category;
• A different Tier 2 category to the
one you are now applying in. This
includes Tier 2 Intra-Company Transfer
Migrants before 6 April 2011;

Thanks for your post Mamasa.

This is really interesting.
When this document was on the UKBA website last week it didn't have reference to Tier 2 ICT before 6th April 2011 under this section and now they have included it. Well, even now it doesn't suggest that you can switch to tier 2 general because I think change of employment can also be with the same employer but doing different soc code job, change of duties, reduction in salary etc.

I saved a copy of this guidance last week and compared today with a new copy available.

Hi all,

I had a word with an Immigration agent and she has confirmed that it wont be possible to switch from Tier 2 (ICT) to Tier 2 (General) from 6th of April 2011. Tough luck guys....

maverick.topgun1984 wrote:Hi all,

I had a word with an Immigration agent and she has confirmed that it wont be possible to switch from Tier 2 (ICT) to Tier 2 (General) from 6th of April 2011. Tough luck guys....

So... still it is not clear:
Is it possible to switch from Tier 2 ICT (was granted at 2010) to Tier 2 General inside UK ?

It is very clear that ICT to general switch is removed.

I have 2 questions

1. Does it apply to existing ICT before April 6 2011
2. What if the company does RLMT and a job is at graduate level then can it be considered as a fresh application from within the country. I dont care whether it is restricted or unrestricted.

ICT is like a bonded labor if switching is not allowed.

Confusion remains..........

mamasa wrote:Please check the guidance document to be applied from 6th April. Point 185 , Page 35.

Point 185 refers to "period of grant" if an application is successful.

For eligibility to switch, see point 16 (page 4) or refer to immigration rule 245HD(b), the link for which has been provided in my first response in the topic.

Agastya80 wrote: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.

Hi Agastya/Sarath

I was wondering if you received any reply from UKBA regarding changing the ICT visa to a Tier 2 General contradictions. Please advise, since I am in the same boat. I am currently on a Tier 2 ICT visa, and would like to join another employer, and would like to know what line of action I could take to work here.

What papers or things need to be done by my prospective employer?

Kindly help.

Thanks in advance.

new_UK wrote:

Agastya80 wrote: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.

Hi Agastya/Sarath

I was wondering if you received any reply from UKBA regarding changing the ICT visa to a Tier 2 General contradictions. Please advise, since I am in the same boat. I am currently on a Tier 2 ICT visa, and would like to join another employer, and would like to know what line of action I could take to work here.

What papers or things need to be done by my prospective employer?

Kindly help.

Thanks in advance.

Response received from UKBA is posted above. Tier 2 ICT can't switch to Tier 2 general. I think only thing we could do is to apply for Tier 2 general from home country.

Hi experts,

Still it confuse me, In my recent search found the below paragraph from a job site which gave me little relief

"If a person already in the UK on a Tier 2 General Visa, Tier 2 Intra Company Transfer Visa or Work Permit you may be able to ‘Switch’ to Tier 2 Employment with a UK Employer without leaving the country. From the 6th April 2011 Tier 2 Sponsors wishing to employ an individual who is already in the UK on a suitable visa will be able to apply to the UK Border Agency for an ‘Unrestricted’ Certificate of Sponsorship (CoS). Once an ‘Unrestricted’ Certificate of Sponsorship has been issued the individual may use it to apply for a Tier 2 Visa by submitting an application to the UK Border Agency."

Can any one please advise me on this and I have “MULTIâ€

Chandar wrote:Hi experts,

Still it confuse me, In my recent search found the below paragraph from a job site which gave me little relief

"If a person already in the UK on a Tier 2 General Visa, Tier 2 Intra Company Transfer Visa or Work Permit you may be able to ‘Switch’ to Tier 2 Employment with a UK Employer without leaving the country. From the 6th April 2011 Tier 2 Sponsors wishing to employ an individual who is already in the UK on a suitable visa will be able to apply to the UK Border Agency for an ‘Unrestricted’ Certificate of Sponsorship (CoS). Once an ‘Unrestricted’ Certificate of Sponsorship has been issued the individual may use it to apply for a Tier 2 Visa by submitting an application to the UK Border Agency."

Someone wishing to rely on a "job site" to know about and understand immigration rules!

Chandar wrote:Hi experts,

Still it confuse me, In my recent search found the below paragraph from a job site which gave me little relief

"If a person already in the UK on a Tier 2 General Visa, Tier 2 Intra Company Transfer Visa or Work Permit you may be able to ‘Switch’ to Tier 2 Employment with a UK Employer without leaving the country. From the 6th April 2011 Tier 2 Sponsors wishing to employ an individual who is already in..........

information on this job site is definitely incorrect / out of date....dont rely on this...
MULTI on the visa simply means you can enter/exit multiple times until your visa is valid....

Hi, I have interacted with my legal advisors and they have also clearly told me that we cannot change from Tier 2 ICT to Tier 2 General from within UK.
I am on Tier 2 ICT now and wish to change my employer. My new employer has even secured the RESTRICTED CoS for me. I am currently in UK with my wife. And now when I am trying to apply for Tier 2 General for this new employer I have been told that I need to go back to my home country and then make this application.

This does not make any sense at all..! why should I leave my current house and go back to my country and then again come back on a new Visa just to change the employer? Why I cannot make this application from within UK? Is there any logical reason than just harrassment by UKBA?

cloudnumbernine4u wrote:Why I cannot make this application from within UK?

Because the immigration rules do not allow it. Simple!

cloudnumbernine4u wrote:Is there any logical reason than just harrassment by UKBA?

UKBA only follows the immigration rules. It is the government which drafts the rules and the parliament which passes the immigration rules. So, it is not UKBA but the politicians harassing you!

sushdmehta wrote:

cloudnumbernine4u wrote:Why I cannot make this application from within UK?

Because the immigration rules do not allow it. Simple!

cloudnumbernine4u wrote:Is there any logical reason than just harrassment by UKBA?

UKBA only follows the immigration rules. It is the government which drafts the rules and the parliament which passes the immigration rules. So, it is not UKBA but the politicians harassing you!

When looking at possible changes to the policy there was lots of lobbying from various sectors, including Indian companies and the Indian government. Indian nationals are the biggest users of Tier 2 ICTs. This lobbying boiled down to "ICTs do not contribut to net migration because they come on short contracts and then leave the UK. Please do not take away the ICTs. They only come for a little while."

I think the government has called everyone's bluff on this one by writing rules that mean "well you say they do not stay on, so the Immigration Rules will not allow them to stay on in the UK."

It also means the figures are a bit easier to work out. Tier 2 ICT leaves, Tier 2 General migrant gets counted in the net migration figures.

My personal opinion. Count yourself lucky really, if you had not been in the UK on Tier 2 ICT (which is easier to get) do you think you would have found your sponsor?

IMHO, employers had been quite frustrated with the quite common practice of Tier 2 (ICT) employees switching to Tier 2 (General) at the earliest opportunity and abandoning them for greener pastures soon after approval.

No employer likes losing cheap / economical labour pool ... and hates it when loopholes within the immigration laws of another country assist the process.

The new restriction, therefore, not only helps UK politicians in controlling the net migration numbers to their benefit but also the employers in "keeping" their employees.

Possibly you are right, but the companies never came out that!

I heard a rumour about 7 or 8 months ago (and I don't know if it was true), that NASSCOM did suggest to the government that switching from tier 2 ICT while in country should not be allowed.

In fact see NASSCOM's submission to the HO on their site:
http://www.nasscom.in/upload/GTD/Newsle ... sponse.pdf

Question 6:
"The least negative way of achieving cuts would be achieved by preventing applicants switching routes."

I think they put the argument more forcibly in meetings with the HO and government.

Hi Frndz

I'm still confused on this - this is from Tier 2 policy guidance

Leave to Remain where you are making
a change of employment application
and/or your previous grant of leave was
in one of the categories below:
• Any Tier 1 or Tier 4 category;
• A different Tier 2 category to the
one you are now applying in. This includes Tier 2 Intra-Company Transfer Migrants before 6 April 2011;


Also I have read that in below article -
http://www.relocatemagazine.com/immigra ... to-remain-


I assume those who got Tier 2 ICT before april 2011 they can change the employment (Tier 2 general) within UK. Can you correct me please.

regards
WP

WP09 wrote:Hi Frndz

I'm still confused on this - this is from Tier 2 policy guidance

Leave to Remain where you are making
a change of employment application
and/.......................................................I assume those who got Tier 2 ICT before april 2011 they can change the employment (Tier 2 general) within UK. Can you correct me please.

regards
WP

Switching is not allowed from tier 2 ict to tier 2 general. I've posted an email in this thread from UKBA confirming that you can't switch regardless of date when you got your tier 2 ict. Please read messages posted on this thread.

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 ?

Question:

mamasa wrote:Can I make my application within the country now ?

If you are a Tier 2 (ICT) migrant, then you already have the answer!

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