Tier 2 ICT LTS change of employer - Post April 2015

1119avi · Post by **1119avi** » Mon Dec 21, 2015 1:25 pm

Hi,

This topic has been discussed and as far as I understood based on rules after April 2011, one can not switch a Tier 2 ICT visa to Tier 2 General. Now my question is:
1. Currently I am in Tier 2 ICT Long Term Visa obtained in 2015, I am going to get another job offer from different employer. What are my options to join the new employer without going back India.?

2. In case being Tier 2 ICT, I can not switch my visa, is there a possibility that my spouse (Tier 2 ICT dependent) can obtain a job offer and switch to Tier 2 generic visa without returning to India?

Appreciate your expert feedback.

Post by **CR001** » Mon Dec 21, 2015 2:34 pm

1. You can only apply from home country after a 12 month cooling off period if you have only had a Tier 2 ICT since 2015. Alternative is based on 2 below, if wife is successful, apply as Tier 2 General Dependent.

2. Yes she can. Again, she has to apply from home country for a Tier 2 General visa.

See Switch to Tier 2 General (click)

In both cases, the sponsor must complete the proper RLMT process to ensure you/wife were not pre-selected for a position etc.

1119avi · Post by **1119avi** » Tue Dec 22, 2015 5:31 am

Ok thanks for the info.
In my organization the rule is that if I continue my stay beyond 2 years in different country as transferred employee I lose all rights to join back the home country. This means if my duration in UK is extended beyond 2 years I can never join back same company in India. At the same time I can at most work in UK for 5 years. This puts me into a soup. 2 questions now:

1. Technically with this rule in place in my company does ICT still applies for employees?
2. Actually I am yet to take up the decision if I want to UK to join the UK counterpart. Can I now go ahead and apply for Tier 2 General without my UK counterpart aware of it? I believe I will have all supporting docs to do that.

Post by **geriatrix** » Tue Dec 22, 2015 5:43 am

1. UK Immigration laws have nothing to do with your employer's internal policies.
2. Who will provide you with the CoS?

1119avi · Post by **1119avi** » Tue Dec 22, 2015 8:18 am

My UK counterpart employer shall provide me the COS. So in that case can I just go ahead and apply for Tier 2 General? I am assuming my employer only care about if I have valid visa to work regardless of the category.

Post by **geriatrix** » Wed Dec 23, 2015 1:17 pm

Your statments are making no sense, at least to me!
You ask:

1119avi wrote:Can I now go ahead and apply for Tier 2 General without my UK counterpart aware of it?

but state:

1119avi wrote:My UK counterpart employer shall provide me the COS.

So will the "UK couterpart employer" (whatever that means) not know that you'll apply for entry clearance? What are they giving the CoS for?

1119avi · Post by **1119avi** » Wed Dec 23, 2015 4:13 pm

I think I know less about the COS and visa stuff. I was assuming the COS is not related to VISA and VISA can be independently applied by an individual. Apparently this is not.

Post by **CR001** » Wed Dec 23, 2015 4:20 pm

You need a CoS to be able to apply for a visa. The CoS will indicate the details for the visa. Your sponsor needs to provide you with the CoS and you need to apply for the visa. No CoS = No Visa.

Only certain visas don't need this type of pre issue. Tier 2 ICT and Tier 2 G are not any of these visas.

1119avi · Post by **1119avi** » Mon Dec 28, 2015 12:02 pm

Thanks about the info on COS. Now once the sponsor provides the COS, I can apply for visa. So is COS mentions if it is a ICT or General Tier 2 visa? If not the individual having the COS from the sponsor can go ahead and apply General visa even of it is a multi national company having office in UK. Is this correct?

Post by **CR001** » Mon Dec 28, 2015 12:17 pm

Tier 2 ICT and Tier 2 General have slightly different requirements. Your employer will likely have to put on the CoS what Tier 2 sub category you are being sponsored under.

1119avi · Post by **1119avi** » Mon Dec 28, 2015 1:01 pm

Ok. Now its clear to me. Thanks

By the way, I lived in UK for about a year or so under Tier 2 ICT visa in 2007 and also again for a year in 2010 (Before the new rule of ICT kicked in). Those visas are now expired. If I stay i UK for Tier 2 ICT LTS, will I be eligible for ILR (based on my earlier stays before the change in ICT rules kicked in)?

Post by **CR001** » Mon Dec 28, 2015 1:04 pm

1119avi wrote:By the way, I lived in UK for about a year or so under Tier 2 ICT visa in 2007 and also again for a year in 2010 (Before the new rule of ICT kicked in). Those visas are now expired. If I stay i UK for Tier 2 ICT LTS, will I be eligible for ILR (based on my earlier stays before the change in ICT rules kicked in)?

No

1119avi · Post by **1119avi** » Thu Mar 03, 2016 10:32 am

I have a tricky question here:

Is it possible to switch form Tier 2 ICT Dependent visa to a Tier 2 ICT Long term staff visa and vice a versa?

Actually I am getting my Tier 2 ICT Visa and my wife is my dependent. Now since she can work on dependent visa she intends to do so for aout 5 years and once my Tier 2 ICT stay expires she plans to switch to Tier 2 ICT for the same employer where she will be working. In that process if I can switch to her dependent my employment would continue for another few years. Now my question is is it possible? Even if it is possible, can that be done without the cooling off period?

Cheers!

Petaltop · Post by **Petaltop** » Thu Mar 03, 2016 10:58 am

1119avi wrote:I have a tricky question here:

Is it possible to switch form Tier 2 ICT Dependent visa to a Tier 2 ICT Long term staff visa and vice a versa?

Actually I am getting my Tier 2 ICT Visa and my wife is my dependent. Now since she can work on dependent visa she intends to do so for aout 5 years and once my Tier 2 ICT stay expires she plans to switch to Tier 2 ICT for the same employer where she will be working. In that process if I can switch to her dependent my employment would continue for another few years. Now my question is is it possible? Even if it is possible, can that be done without the cooling off period?

Cheers!

No. Yes.

No. N/A

Read the rules for ICT.
https://www.gov.uk/tier-2-intracompany- ... a/overview

If your aim is to get British citizenship then you need to realise they have now made this very hard, unless you can do a job on their shortages list.

There are likely to be even toughter rules coming in soon for the work visas since the MAC report in January.

There are other countries that have easier rules to become a citizen, than the UK. Have you looked at those?

Post by **CR001** » Thu Mar 03, 2016 11:06 am

1119avi wrote:Now since she can work on dependent visa she intends to do so for aout 5 years and once my Tier 2 ICT stay expires she plans to switch to Tier 2 ICT for the same employer where she will be working

She cannot and will not be able to apply for Tier 2 ICT if she is working IN the UK for a UK employer. ICT visa is for employers abroad who are sending staff to a UK office.

1119avi · Post by **1119avi** » Thu Mar 10, 2016 11:00 am

Well well... it looks like UK is overloaded with immigration and don't want another regular IT guy to hop in and settle down

I have another offer from Central Europe but the pay is less and position is also lower, interesting role and responsibilities are interesting. However I am going to get the Blue Card there but since my wife is moving to UK I am trying possible options there.

But apparently looks central europe is much more friendly to migrants than UK.

1119avi · Post by **1119avi** » Thu Mar 10, 2016 11:03 am

Oh! one more question, if I do not join a UK employer after accepting the offer, could there be any legal complication? This one is a Tier 2 ICT offer. I understand this will left me with no option but to move to another employer than staying back with the employer of Indian branch.

1119avi · Post by **1119avi** » Fri Mar 11, 2016 8:02 am

Couple questions here based on earlier threads in this forum:

1. I found from that a dependent of Tier 2 ICT can apply for a fresh Tier 2 General visa without cooling off period from his/her home country provided the dependent has SOC form the employer.

So this means the Tier 2 ICT dependent is not considered a T2 migrant and thats why he/she need not serve cooling off period.

2. Does a tier 2 ICT employee need to serve the cooling off period if he/she returns form UK just after 1 year of work?

Post by **CR001** » Fri Mar 11, 2016 8:23 am

1119avi wrote:Couple questions here based on earlier threads in this forum:

1. I found from that a dependent of Tier 2 ICT can apply for a fresh Tier 2 General visa without cooling off period from his/her home country provided the dependent has SOC form the employer. Yes and if the proper RLMT process has been done.

So this means the Tier 2 ICT dependent is not considered a T2 migrant and thats why he/she need not serve cooling off period. Yes, only the Tier 2 ICT main applicant is subject to the cooling off period.

2. Does a tier 2 ICT employee need to serve the cooling off period if he/she returns form UK just after 1 year of work? Yes. The 12 months starts from the date you leave the UK.

1119avi · Post by **1119avi** » Fri Mar 11, 2016 11:16 am

Thanks for the reply.

Now can I switch form Tier 2 ICT to Tier 2 dependent within UK and continue to work in the same organization who has sponsored my tier 2 ICT?

Post by **CR001** » Fri Mar 11, 2016 12:24 pm

1119avi wrote:Thanks for the reply.

Now can I switch form Tier 2 ICT to Tier 2 dependent within UK and continue to work in the same organization who has sponsored my tier 2 ICT?

Yes. You can only switch to Tier 2 G dependent once your spouse returns to the UK with a Tier 2 G. Whether you can work for your sponsor is up to them, but you will need to inform them of your new visa when/if you get it.

1119avi · Post by **1119avi** » Mon Mar 21, 2016 5:45 am

Oh! But can I not switch from Tier 2 ICT main applicant to tier 2 ICT dependent? My wife would also be in tier2 ICT main applicant visa. Once I get a employment offer I would like to switch to Tier 2 ICT dependent which allows me to work freely. Is this possible?

Post by **CR001** » Mon Mar 21, 2016 1:33 pm

Your wife cannot apply for Tier 2 ICT in the circumstances you have described as she is working in the UK. She needs to work for the sponsoring employer based in her home country for 12 months before she can qualify for Tier 2 ICT to come to the UK to work for the employer 'branch'.

She can get a sponsor in the UK and apply for Tier 2 General visa and come back. Once she is back in the UK if her visa is approved, then you can switch to Tier 2 G dependent visa.

1119avi · Post by **1119avi** » Tue Mar 22, 2016 4:52 am

My bad. Apology on my part, I think I should have explained the situation with more clarity. So here it is:

1. Me and my wife both work in the same company for over 4 years. This is a multinational company having branch in UK.
2. The UK branch is asking us to join them for minimum 2 years in Tier 2 ICT Long Term visa.
3. So both of us will be having Tier 2 ICT Long Term visa.
4. In this situation is one of us gets a contract/offer and wants to move to a different organization can that person switch to Tier 2 ICT dependent visa from Tier 2 Main Applicant from within UK?

1119avi · Post by **1119avi** » Mon Mar 28, 2016 6:56 am

Any view on this please.

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Tier 2 ICT LTS change of employer - Post April 2015

Tier 2 ICT LTS change of employer - Post April 2015

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Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015

Re: Tier 2 ICT LTS change of employer - Post April 2015