Apr 14 Change in Rules - Switching from T2 ICT to T2G

Post by **manci** » Wed Nov 12, 2014 4:04 pm

deepakpareek wrote:Hi Manci,

Regarding Offer letter, I have the initial offer later that I got when I joined this company on 20 Jan 2014 when I was on Tier 2 ICT Staff Partner Dependant visa. Now, when I will go for submitting my Visa applicaiton for Tier 2 General with the COS from the same company, Do I need to take the original offer letter dated : 20 Jan 2014, or Do I need to get a new offer letter from the company(they have not given me any new offer letter as I am continuig in the same role and responsibility) or I need not submit any offer letter ?
you don't need any offer letter, old or new
Appreciate your quick response

Thanks & Regards
Deepak

deepakpareek · Post by **deepakpareek** » Thu Nov 13, 2014 9:44 pm

Hi Manci,

Can you please advise on the below :
Q1)Personal Details - Permanent Address :
Which address (India or UK) should I fill as My Permananent Address while filling the application to apply for Tier 2 General. As you might already be aware, my case is that I have been living in UK for the past 14 months in UK on Tier 2 ICT visa. So, shall I give my Parent's address from India or my current UK address ?

Q2) Travel History - Have you ever travelled to UK in last 10 yrs. ?
Please enter details of your upto 5 most recent visits?

Date of Arrival : 20 - Sep -2014
Date of Departure : The system is allowing me to enter only upto today's date.. but I am planning to go to India by 26th - Nov. So, can I give today's date?
Purpose of Trip - Can I give purpose as Visit? or Work? (as I had come to UK on Staff Partner visa)

Appreciate your quick response
Thanks for your continued guidance!
Regards
Deepak

deepakpareek · Post by **deepakpareek** » Fri Nov 14, 2014 4:18 pm

Hi Manci,

Please reply to above questions.
Thanks for ur continued support.

Regards,
Deepak

vaspadmanabhan · Post by **vaspadmanabhan** » Sun Nov 16, 2014 8:47 am

Hi,

I am a new member here. I believe I'm in similar state as Deepak. I was issued a Tier 2 ICT dependent (for 3 years) on Sep 2011. And I recently renewed the Tier 2 ICT dependant for another 2 years till Nov 2016. I have been working for a company for the last 6 months and they are now willing to sponsor my T2G visa. Now my question is

1. If I leave the country in Dec 2014 and apply for a Tier 2 General from outside UK during my Christmas break, Will the new 6 years CAP still apply ?

My Employer is willing to complete Resident market labor test and are willing to provide me a unrestricted CoS.

Will I be able to get a 5 year Tier 2 General Visa effectively valid till 2019 ?

Thanks a lot. I really appreciate everyone's help.

See also http://www.immigrationboards.com/uk-tie ... 74306.html

Post by **manci** » Mon Nov 17, 2014 8:11 am

deepakpareek wrote:Hi Manci,

Can you please advise on the below :
Q1)Personal Details - Permanent Address :
Which address (India or UK) should I fill as My Permananent Address while filling the application to apply for Tier 2 General. As you might already be aware, my case is that I have been living in UK for the past 14 months in UK on Tier 2 ICT visa. So, shall I give my Parent's address from India or my current UK address ?

Q2) Travel History - Have you ever travelled to UK in last 10 yrs. ?
Please enter details of your upto 5 most recent visits?

Date of Arrival : 20 - Sep -2014
Date of Departure : The system is allowing me to enter only upto today's date.. but I am planning to go to India by 26th - Nov. So, can I give today's date?
Purpose of Trip - Can I give purpose as Visit? or Work? (as I had come to UK on Staff Partner visa)

You should apply for entry clearance from India, not from the UK. The purpose of your last trip to the UK was dependant partner of T2 migrant.

Appreciate your quick response
Thanks for your continued guidance!
Regards
Deepak

Post by **manci** » Mon Nov 17, 2014 8:23 am

vaspadmanabhan wrote:Hi,

I am a new member here. I believe I'm in similar state as Deepak. I was issued a Tier 2 ICT dependent (for 3 years) on Sep 2011. And I recently renewed the Tier 2 ICT dependant for another 2 years till Nov 2016. I have been working for a company for the last 6 months and they are now willing to sponsor my T2G visa. Now my question is

1. If I leave the country in Dec 2014 and apply for a Tier 2 General from outside UK during my Christmas break, Will the new 6 years CAP still apply ?
the 6 year cap will apply from the start of your T2G visa
My Employer is willing to complete Resident market labor test and are willing to provide me a unrestricted CoS.
you need a restricted, not an unrestricted, CoS
Will I be able to get a 5 year Tier 2 General Visa effectively valid till 2019 ?
yes, provided your sponsor gives you a 5 year CoS

Thanks a lot. I really appreciate everyone's help.

See also http://www.immigrationboards.com/uk-tie ... 74306.html

KVP · Post by **KVP** » Wed Nov 26, 2014 8:31 pm

Hi Manci,

I am getting confused answers from solicitors and others, regarding my ILR eligibility.

My details:

1) Workpermit issued for Intra-company transfer - vaild from Nov 2008 to Nov 2010.

First entry in UK: Dec 2008
Left UK: Aug 2009

I had a break more than year - Aug 2009 to Oct 2010
i.e. worked for same employer at offshore location

2) Applied ICT - Applied from India and valid from Oct 2010 to till date.
Entry to UK: Oct 2010

Staying over 4 years in UK by doing in-country extension for same employer.

I understand there is 10 year long route.

My queries:

1) Is there a way to qualify for ILR under 5 year employment route as my initial WP and ICT overlapped? i.e. I applied for Tier 2 ICT before my WP expired. I could have travelled using WP. My ignorance/situations, my employer applied for ICT - Established Staff

2) Is my continious period broken here?

3) Is there a way to combine WP and ICT and apply for ILR next year under 5 year employment route?

4) What is the possibility if I switch to Tier 2 - General visa now for another employer?

My heartful thanks to you if you could clarify my queries.

deepakpareek · Post by **deepakpareek** » Mon Dec 08, 2014 9:43 pm

Hi Manci,

Thanks for all your support. I want to sincerely thank you and the immigrationboards team here that helped answer many of my questions throughout the process.
I have now successfully switched from T2 ICT Migrant Partner Visa to Tier 2 General Visa , with the below stamped dates for my Tier 2 General Visa :
Valid From: 04/12/14
Valid Until: 30/11/19

Next, I would like to take your advice on the best chances to be able to apply for ILR for myself and my wife after 5 years stay in th e U.K.
Based on the info gathered so far I believe below will be the best option :

I know I will fall short by 4 days to complete 5 years on the above visa, but planning to apply for extension of 1 more year at the end Visa end date i.e. from 30/11/19 , so that I can complete full 5 years in U.K. on Tier 2 General in the U.K. Hope that will make me eligible to apply for ILR at the end of 5 years.

Option 1) Switching of my Wife - Garima's visa from Tier 2 ICT to Tier 2 General Migrant Partner (Spouse) visa.
Her current Visa details are as below :
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015
Employment status: Working for the same company and assignment in the UK that processed her Tier 2 ICT visa

Hence please help answer the below questions:
Q1) Can she immediately apply for Tier 2 General Migrant Partner (Spouse) visa ? If yes, how long does the process take and what all is required to be done?

Q2) Because of different job locations , we both are living at different addresses closer to our offices respectively. I work near Manchester and she works near London. We have our respective different addresses in all our UK bills/driving license etc.. But we meet over weekends and during leaves/holidays and are not separated but truly married. Will this be an issue when we apply to switch her Visa type from Tier 2 ICT to Tier 2 General Staff Partner (Spouse) visa ? Or will this be an issue when we finally apply for ILR at the end of both of ours Tier 2 General and Tier 2 General Partner visa complete 5 years in the U.K. ?
I ask this, because somewhere I read about is that your partner should be living with you etc..
Can you please suggest?

Q3) If she continues on her Tier 2 ICT visa and gets it extended for another 3 years. Now after 5 years of her stay in U.K. (most of it on Tier 2 ICT, 4.5 yrs on tier 2 ICT and then remaining on Tier 2 General dependent, will she be eligible to apply for ILR ?

Hoping for your quick and swift reply as always.

Thanks Again!!

Regards
Deepak

breezzer · Post by **breezzer** » Fri Dec 12, 2014 12:01 am

Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have 3 questions:

a) my current employer has advertised and interviewed me for one profile (Java development) but my work on a client project would be on other profile (Microsoft Development). (both are in IT only but different job spec). Will that be any issue in future?
b) my current sponsor has RMLT done on ad where salary specified 32000 but they are offering me 35000. Will it cause any problem in my visa process.
c) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?

Many thanks in advance.

Alokgupta · Post by **Alokgupta** » Tue Dec 16, 2014 6:53 pm

Hello Manci,

I am a new member here.

Please can you help on this

I am Tier 2 ICT long term - May 2012 to may 2014 and extension from May 2014 to April 2014 T2 ICT Long term leave to remain

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

What I understand from the other posts is
1. She has to apply for Tier2 general visa from the home country without any cool off period.
2. I as a ( tier 2 ICT main applicant ) need not to observe a cool off period in this case and can switch on tier 2 general dependant from Home country OR UK.

Is the above understanding correct?

My queries are
1. Sponsor is giving a restricted COS. Can I get an Unrestricted COS in my Situation?
2. Are the tax liabilities in restricted COS case is very high?
3. My SOC is 3537

Many Thanks

Post by **manci** » Tue Dec 16, 2014 8:20 pm

Alokgupta wrote:Hello Manci,

I am a new member here.

Please can you help on this

I am Tier 2 ICT long term - May 2012 to may 2014 and extension from May 2014 to April 2014 T2 ICT Long term leave to remain
dates ??

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

What I understand from the other posts is
1. She has to apply for Tier2 general visa from the home country without any cool off period.
2. I as a ( tier 2 ICT main applicant ) need not to observe a cool off period in this case and can switch on tier 2 general dependant from Home country OR UK.

Is the above understanding correct?
yes

My queries are
1. Sponsor is giving a restricted COS. Can I get an Unrestricted COS in my Situation?
once you switched to PBS dependant status you are free to work and don't need a CoS
2. Are the tax liabilities in restricted COS case is very high?
tax has nothing to do with CoS
3. My SOC is 3537
if you switch to PBS dependant your job SOC code is no longer relevant

Many Thanks

Alokgupta · Post by **Alokgupta** » Wed Dec 17, 2014 10:27 am

Thanks Manci for the quick response. I really appreciate your efforts.

Accept my apologies for not to be to too specific.

My Travel history is

Tier2 ICT Migrant from 04/08/2009 to 06/08/2011

Then went back to home country.

After this I came here on Tier 2 ICT long term - 30/05/2012 to 06/05/2014 and extension from 06/05/2014 to 20/04/2015 T2 ICT Long term leave to remain

Is there any way I can apply or switch to Tier 2 general?

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

My queries for My self

1. Can I switch from Tier 2 ICT long term to tier2 general dependant wihtin UK.

My queries for my spouse visa...

1. Sponsor is giving a restricted COS to her. Can she get an Unrestricted COS in this Situation?
2. Her SOC is 3537, does her employer will be allowed to sponsor her although she is postgraduate i.e. NQF 6 level and the SOC code is for NQF 4 level

Thanks in advance.

deepakpareek · Post by **deepakpareek** » Fri Dec 19, 2014 8:24 pm

deleting post

frequency · Post by **frequency** » Fri Dec 19, 2014 8:30 pm

Hi immigrationboard team,

Please help advise regarding my plan to switch from from TIER 2 ICT to TIER 2 General Dependant visa
Below are my current visa details:
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015

and below are my husband's current visa details:
Visa Type: Tier 2 General (Restricted Cos)
Valid From: 04/12/14
Valid Until: 30/11/19

Q1) Can I apply for Tier 2 General Migrant Partner (Spouse) visa ?
Q2) What is the processing time for this?
Q3) Are their any major constraints in applying for this?
Q4) Will I be eligible to continue to work with my current employer after switching to Tier 2 General visa?

Hoping for a quick response.
Thanks in advance

Regards

Post by **manci** » Sat Dec 20, 2014 8:35 pm

Alokgupta wrote:Thanks Manci for the quick response. I really appreciate your efforts.

Accept my apologies for not to be to too specific.

My Travel history is

Tier2 ICT Migrant from 04/08/2009 to 06/08/2011

Then went back to home country.

After this I came here on Tier 2 ICT long term - 30/05/2012 to 06/05/2014 and extension from 06/05/2014 to 20/04/2015 T2 ICT Long term leave to remain

Is there any way I can apply or switch to Tier 2 general?

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

My queries for My self

1. Can I switch from Tier 2 ICT long term to tier2 general dependant wihtin UK.
unfortunately you cannot switch and if you apply from home country there is a 1 year cooling off

My queries for my spouse visa...

1. Sponsor is giving a restricted COS to her. Can she get an Unrestricted COS in this Situation?
she can only apply from home country therefore she needs a restricted CoS
2. Her SOC is 3537, does her employer will be allowed to sponsor her although she is postgraduate i.e. NQF 6 level and the SOC code is for NQF 4 level
unless the job is a shortage occupation it has to be NQF level 6
Thanks in advance.

breezzer · Post by **breezzer** » Fri Dec 26, 2014 9:11 am

Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have certain queries before i proceed:

A) my current sponsor has RMLT done on ad where salary specified 33000 but they are offering me 35000. Will it cause any problem in my visa process.
B) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?

Many thanks in advance. I am looking forward for your response

anilkum · Post by **anilkum** » Sat Dec 27, 2014 5:44 pm

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?. Thanks

Monto · Post by **Monto** » Sun Dec 28, 2014 2:32 pm

Hi Manci,

Thanks for all your replies and wish you a very happy new year ahead.

I came in OCT 2010 for 2 year in Tier 2 ICT ( long term ) and got my visa extended for below period

15 SEP 12 to 15 MAR 14
16 MAR 14 to 15 MAR 15

I have completed 4.3 years in T2 ICT and now i switching to T2G in FEB 15 for 3 year.and expecting visa will extend for another 3 years .

My question is - which one of below 2 route will be more feasible for my ILR eligibility

1 . I can apply for ILR after 5 years in T2G . I heard there is a salary restriction for 36000+ , can i do as below ?
1 st- 3 years in 28000 salary
2nd- 3 year in 36000+ salary

2. when My tenure will be 9 year in UK irrespective of salary and visa I can get ILR . {4 Y, 4 month (T2 -ICT) + 4 Y ,8 Month (T2G)}

best Regards,
Monto

My Query is if i work for

Post by **manci** » Sun Jan 04, 2015 8:16 am

breezzer wrote:Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have certain queries before i proceed:

A) my current sponsor has RMLT done on ad where salary specified 33000 but they are offering me 35000. Will it cause any problem in my visa process.
yes, it may because if they had advertised the post at 35k there could have been suitable applicants from the settled workforce

B) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?
no

Many thanks in advance. I am looking forward for your response

Post by **manci** » Sun Jan 04, 2015 8:19 am

anilkum wrote:Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Post by **manci** » Sun Jan 04, 2015 8:33 am

@Monto
you will be eligible for ILR after 5 years on T2G and the salary threshold will only apply at the time of your application.
The rules for applying for settlement on the 10 year long residence route are here:
https://www.gov.uk/long-residence/overview

anilkum · Post by **anilkum** » Sun Jan 04, 2015 1:09 pm

manci wrote:
anilkum wrote:Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Thanks Manci

anilkum · Post by **anilkum** » Sun Jan 04, 2015 1:26 pm

anilkum wrote:
manci wrote:
anilkum wrote:Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks
Thanks Manci

Manci, Does it mean i can stay for upto 6 years(3 years visa will be given initially and can be extended for another 3 years)?.. I have seen a discussion that Post April 2014 visa changes, changing to Tier 2 general visa will be granted max 6 years including the days spent in the prior visa(Tier 2 ICT). If that is the case, i can stay in UK for maximum of another 1 year even after switching from Tier 2 ICT visa to Tier 2 General visa. Could you please suggest me?. Thanks

Post by **manci** » Sun Jan 04, 2015 2:44 pm

anilkum wrote:
manci wrote:Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Thanks Manci[/quote]
Manci, Does it mean i can stay for upto 6 years(3 years visa will be given initially and can be extended for another 3 years)?.. I have seen a discussion that Post April 2014 visa changes, changing to Tier 2 general visa will be granted max 6 years including the days spent in the prior visa(Tier 2 ICT). If that is the case, i can stay in UK for maximum of another 1 year even after switching from Tier 2 ICT visa to Tier 2 General visa. Could you please suggest me?. Thanks
The rules changed in Oct/Nov 2014, see the other sticky. The 6 years are now only counted from the start date of the T2G visa.
Immigration rule 245HE(a)(iv):
https://www.gov.uk/government/uploads/s ... _final.pdf
[/quote]

anilkum · Post by **anilkum** » Mon Jan 05, 2015 11:01 pm

manci wrote:
anilkum wrote:
manci wrote:Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks
Thanks Manci

Manci, Does it mean i can stay for upto 6 years(3 years visa will be given initially and can be extended for another 3 years)?.. I have seen a discussion that Post April 2014 visa changes, changing to Tier 2 general visa will be granted max 6 years including the days spent in the prior visa(Tier 2 ICT). If that is the case, i can stay in UK for maximum of another 1 year even after switching from Tier 2 ICT visa to Tier 2 General visa. Could you please suggest me?. Thanks
The rules changed in Oct/Nov 2014, see the other sticky. The 6 years are now only counted from the start date of the T2G visa.
Immigration rule 245HE(a)(iv):
https://www.gov.uk/government/uploads/s ... _final.pdf
[/quote][/quote]

Thank You Manci

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