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Switching to "Skilled Worker Visa" while Tier 2 ICT extension is in progress

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Shriek1987
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Joined: Sat Feb 13, 2021 6:49 pm
India

Switching to "Skilled Worker Visa" while Tier 2 ICT extension is in progress

Post by Shriek1987 » Sat Feb 13, 2021 7:17 pm

Hi All,

I am an Indian national staying in the UK from 2016 in Tier 2 ICT visa. I am expecting a Job offer from a potential employer who is ready to sponsor me a Skilled worker visa. Offer letter an other formalities to be done possibly by next week or two.

Now, my Tier 2 ICT extension appointment with my current employer is scheduled in two days. I would like to know the below.

1. If my prospective employer issues the CoS next week, am I allowed to file the Skilled Worker visa application, while my Tier 2 ICT extension is still in progress?

2. If I can file it, am I still allowed to work for my current employer (to serve the notice period before I join my potential employer)?

3. I am funding my visa process, employer will issue just the CoS. In that case, am I allowed to apply for 5 years? Should I provide any justification as to why I am applying for 5 years instead of 3?

[Reason for Q3 is, I am of the understanding that, as long as I am ready to spend the visa cost, submit the reqd docs, it wouldn't matter to Home Office if I apply for 3 or 5 years. Pl correct me if I am wrong.]

4. Am I allowed to start the employment with my prospective employer, soon after I receive the decision from Home Office or do I need to wait until I receive the BRP?

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CR001
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Re: Switching to "Skilled Worker Visa" while Tier 2 ICT extension is in progress

Post by CR001 » Sat Feb 13, 2021 7:27 pm

1. When does your current visa expire? You cannot have more than one active CoS.

2. Your existing visa conditions continue until a new skilled worker visa is granted.

3. Your skilled worker visa will be granted depndeding in the length of the CoS. If the CoS is for 3 years, that is what you will get.

4. You need the brp to prove your right to work.
Char (CR001 not Casa)
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Shriek1987
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Posts: 3
Joined: Sat Feb 13, 2021 6:49 pm
India

Re: Switching to "Skilled Worker Visa" while Tier 2 ICT extension is in progress

Post by Shriek1987 » Sat Feb 13, 2021 7:43 pm

@CR001- Thanks for your response. Please find my answer below

My current Cos expires on 01 June 2021.

So, can I file my Skilled worker visa soon after I receive the CoS from the potential employer, serve notice period until I receive my Skilled worker visa and then join my new employer?
Last edited by Shriek1987 on Sat Feb 13, 2021 7:46 pm, edited 1 time in total.

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CR001
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Re: Switching to "Skilled Worker Visa" while Tier 2 ICT extension is in progress

Post by CR001 » Sat Feb 13, 2021 7:43 pm

Your current employer will need to withdraw their cos
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Shriek1987
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Posts: 3
Joined: Sat Feb 13, 2021 6:49 pm
India

Re: Switching to "Skilled Worker Visa" while Tier 2 ICT extension is in progress

Post by Shriek1987 » Sat Feb 13, 2021 7:47 pm

CR001 wrote:
Sat Feb 13, 2021 7:43 pm
Your current employer will need to withdraw their cos
Got it!! Thank you

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