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Tier 2 ICT to Tiesr 2 General and ILR

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

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petrusgh
Newly Registered
Posts: 5
Joined: Sun Feb 16, 2014 5:32 am

Tier 2 ICT to Tiesr 2 General and ILR

Post by petrusgh » Sun Feb 16, 2014 5:50 am

Good day,

I currently have a Tier 2 ICT established staff visa in effect since 28 March 2011. I would ultimately like to apply for ILR and have had conflicting advice. I earn over the £152,100 limit and should be able to switch to Tier 2 General in country. Could you confirm my statements are correct and also advise me on the statements below in relation to this quoted extract "Mark Harper, the Immigration Minister, has announced that executives known as Tier 2 Intra-Company Transferees (ICT), who are paid more than £152,100 pa, will be exempt from the rule that forces non-Europeans to spend a year outside the UK if they wish to switch between temporary and permanent visas."

1. Can my employment with current employer switch from tier 2 ICT to Tier 2 General should they obtain a Tier 2 General COS or do I need to find an new employer? If my current employer can assist in the switch where do I find the relevant sections in relation to immigration law as I was advised that I cannot switch with the same employer?

2. Should I successfully switch in country, would my initial 3 years in ICT count toward my ILR (since I would not need to leave the UK) or does the 5 years period reset with the Tier2 General.


Regards

Pete

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 ICT to Tiesr 2 General and ILR

Post by manci » Sun Feb 16, 2014 11:00 pm

you can switch from T2 ICT to T2G in-country if you change sponsor but the 5 year qualifying period for ILR will only start when you switch, i.e. your time under T2 ICT will not count.

As a T2 ICT migrant you are not eligible for ILR because your leave did not include time before 6 April 2010.

See Immigration Rules 245GF and 245HF:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

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