Switch from Tier-2 ICT to Tier-2 General

matwalaboy · Post by **matwalaboy** » Fri May 10, 2013 12:49 pm

Hi All,

My first Tier-2 ICT(as established staff) was issued from Bangalore (India) in November 2010 and since then I have got the visa extended in the same category twice in-country (in the UK), first in Dec 2011 and then in Dec 2012 and my current Tier-2 ICT is valid till Dec 2014.

My question is am I eligible to do an in-country switch from Tier-2 ICT to Tier-2 General? I am checking the guidelines on http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf (Page 4/Point 15) and to me it looks possible, can someone confirm it please.

Regards

makky86 · Post by **makky86** » Fri May 10, 2013 1:14 pm

matwalaboy wrote:Hi All,

My first Tier-2 ICT(as established staff) was issued from Bangalore (India) in November 2010 and since then I have got the visa extended in the same category twice in-country (in the UK), first in Dec 2011 and then in Dec 2012 and my current Tier-2 ICT is valid till Dec 2014.

My question is am I eligible to do an in-country switch from Tier-2 ICT to Tier-2 General? I am checking the guidelines on http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf (Page 4/Point 15) and to me it looks possible, can someone confirm it please.

Regards

You are not eligible to switch to Tier 2 General from Tier 2 ICT as you were issued after April 2010. If you try to switch then Cooling off period must apply on you( you will need to leave UK for one year).

matwalaboy · Post by **matwalaboy** » Fri May 10, 2013 1:17 pm

Although the site suggests "Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor " can switch as long as "Please note that Tier 2 (Intra-Company Transfer) Long Term staff granted entry clearance under the rules in place after 6 April 2011 cannot switch
into Tier 2 (General)." - so that should be al right, since the original visa was granted under the rules in place before April 2011 ?

makky86 · Post by **makky86** » Fri May 10, 2013 2:24 pm

matwalaboy wrote:Although the site suggests "Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor " can switch as long as "Please note that Tier 2 (Intra-Company Transfer) Long Term staff granted entry clearance under the rules in place after 6 April 2011 cannot switch
into Tier 2 (General)." - so that should be al right, since the original visa was granted under the rules in place before April 2011 ?

Sorry I mentioned April 2010.

matwalaboy · Post by **matwalaboy** » Fri May 10, 2013 2:25 pm

muhdkhokhar wrote:
matwalaboy wrote:Although the site suggests "Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor " can switch as long as "Please note that Tier 2 (Intra-Company Transfer) Long Term staff granted entry clearance under the rules in place after 6 April 2011 cannot switch
into Tier 2 (General)." - so that should be al right, since the original visa was granted under the rules in place before April 2011 ?
Sorry I mentioned April 2010.

So does that mean I can switch or not switch?

makky86 · Post by **makky86** » Fri May 10, 2013 2:58 pm

matwalaboy wrote:
muhdkhokhar wrote:
matwalaboy wrote:Although the site suggests "Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor " can switch as long as "Please note that Tier 2 (Intra-Company Transfer) Long Term staff granted entry clearance under the rules in place after 6 April 2011 cannot switch
into Tier 2 (General)." - so that should be al right, since the original visa was granted under the rules in place before April 2011 ?
Sorry I mentioned April 2010.
So does that mean I can switch or not switch?

If you currently have permission to stay in the UK under any of the following immigration categories, you can apply to Tier 2 (General) from inside the UK:

Reference :http://www.ukba.homeoffice.gov.uk/visas ... igibility/

Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor

So if you are Tier 2 ICT established staff you can apply for Tier 2 only if you are switch the Sponsor.

Tier 2 Sponsor · Post by **Tier 2 Sponsor** » Thu May 16, 2013 9:24 am

muhdkhokhar wrote:
matwalaboy wrote:
muhdkhokhar wrote:
matwalaboy wrote:Although the site suggests "Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor " can switch as long as "Please note that Tier 2 (Intra-Company Transfer) Long Term staff granted entry clearance under the rules in place after 6 April 2011 cannot switch
into Tier 2 (General)." - so that should be al right, since the original visa was granted under the rules in place before April 2011 ?
Sorry I mentioned April 2010.
So does that mean I can switch or not switch?
If you currently have permission to stay in the UK under any of the following immigration categories, you can apply to Tier 2 (General) from inside the UK:

Reference :http://www.ukba.homeoffice.gov.uk/visas ... igibility/

Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor

So if you are Tier 2 ICT established staff you can apply for Tier 2 only if you are switch the Sponsor.

Yes you should be able to. Please get in touch with Tier 2 Visas. We can potentially get your visa sponsored. Contact us at tier2visas@gmail.com or visit us at contractingontier2visa.co.uk

Post by **manci** » Thu May 16, 2013 9:47 am

matwalaboy wrote:Hi All,

My first Tier-2 ICT(as established staff) was issued from Bangalore (India) in November 2010 and since then I have got the visa extended in the same category twice in-country (in the UK), first in Dec 2011 and then in Dec 2012 and my current Tier-2 ICT is valid till Dec 2014.

My question is am I eligible to do an in-country switch from Tier-2 ICT to Tier-2 General? I am checking the guidelines on http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf (Page 4/Point 15) and to me it looks possible, can someone confirm it please.

Regards

as per the guidance you quoted you are allowed to switch to T2G in-country if you change sponsor.

Tier 2 Sponsor · Post by **Tier 2 Sponsor** » Thu May 16, 2013 10:24 am

manci wrote:
matwalaboy wrote:Hi All,

My first Tier-2 ICT(as established staff) was issued from Bangalore (India) in November 2010 and since then I have got the visa extended in the same category twice in-country (in the UK), first in Dec 2011 and then in Dec 2012 and my current Tier-2 ICT is valid till Dec 2014.

My question is am I eligible to do an in-country switch from Tier-2 ICT to Tier-2 General? I am checking the guidelines on http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf (Page 4/Point 15) and to me it looks possible, can someone confirm it please.

Regards
as per the guidance you quoted you are allowed to switch to T2G in-country if you change sponsor.

Yes you should be able to switch to Tier 2 General

WP09 · Post by **WP09** » Fri May 24, 2013 4:15 pm

Tier 2 Sponsor -> I checked your website , cant see any contact details like office address / phone etc. Without proper details I feel risky to trust

norty109 · Post by **norty109** » Sat May 25, 2013 9:58 am

Hi! I was on Tier 2 ICT visa (Established staff) from August 2010 to November 2012. In May 2013 I have just applied under Tier 2 General from Delhi, India. In the sponsor Guidance to Tier 2 its mentioned that cooling off period doesnt apply to Tier 2 ICT visa granted under rules befor April 2011. Please clarify whether the cooling off period will or will not apply to my case. Thanks.

norty109 · Post by **norty109** » Sat May 25, 2013 12:38 pm

PLEASE CAN ANYONE HELP ON MY ABOVE POSTED QUERY ITS VERY URGENT.

Post by **manci** » Sat May 25, 2013 7:42 pm

norty109 wrote:Hi! I was on Tier 2 ICT visa (Established staff) from August 2010 to November 2012. In May 2013 I have just applied under Tier 2 General from Delhi, India. In the sponsor Guidance to Tier 2 its mentioned that cooling off period doesnt apply to Tier 2 ICT visa granted under rules befor April 2011. Please clarify whether the cooling off period will or will not apply to my case. Thanks.

Sponsor guidance para 575 d) doesn't make clear that it only applies to T2 ICT Long Term Staff entry clearance applications.:
See Immigration Rule 245GB (d) and (e)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Since you are applying for T2G entry clearance unfortunately the cooling off will apply to you and your application is likely to be refused. See Immigration Rule 245HB (g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

norty109 · Post by **norty109** » Sun May 26, 2013 5:48 am

Thanks Manci

Very strange for UKBA to publish such an error on Sponsor Guidance and not correct it because if we read through the entire para on cooling off, nowhere its suggesting that its applicable to Long term ICT only.
Anyway, I previously also had a work permit from March 2006 to March 2011 which lapsed on my earlier return in April 2007. Will that make a difference to my case?

Post by **manci** » Sun May 26, 2013 7:22 am

norty109 wrote:Thanks Manci Very strange for UKBA to publish such an error on Sponsor Guidance and not correct it because if we read through the entire para on cooling off, nowhere its suggesting that its applicable to Long term ICT only.

not so strange or unusual as you might think. See: http://www.immigrationboards.com/viewto ... iscrepancy

Anyway, I previously also had a work permit from March 2006 to March 2011 which lapsed on my earlier return in April 2007. Will that make a difference to my case?

unfortunately not but if you left the UK before your previous leave expired in November 2012 then that would make a difference to the cooling-off period. See para 67 in the April 2013 Policy Guidance (and note that the footer on the page still refers to the 12/2012 version even though the text in this case is correct!

norty109 · Post by **norty109** » Sun May 26, 2013 7:39 am

Thanks Manci. My previous leave was valid till 1/9/2013, however, I left UK on 11 November 2012 and have a P45 from my employed dated 9 November 2012 submitted with my current application. In fact, I got a business visit visa on 22 November 2012 and travelled to UK on business visit visa in November end.
However, I reckon from all of the evidences that Rules prevail over guidance and my application will be rejected?
Also, if I make a business visit application, will it likely to get affected by my anticipated refusal of T-2 General?

shriakhilesh · Post by **shriakhilesh** » Fri Oct 25, 2013 1:49 pm

Hi, I came to UK in Oct 2009 under Tier 2 intra company transfer visa and have been in Uk since last 4 years now. I have received an offer from a company here which is ready to sponsor my visa which would mean I will switch to tier 2 general visa category. I am cuuently serving 3 months of notice period in Uk and will be sent back in the last week to complete the formalities from India. I will be asked to travel back to India to complete the separation process and my current CoS will be cancelled which will also result in cancellation of my Visa

1. Will I be able to extend my Visa within UK or Do I have to apply for a fresh Visa from India
2. Can the new employer issue a new CoS even before the current CoS with the current company expires ? Can the Visa extension process be initiated when I have my current Visa with my current company.
3. If I have to apply my fresh Visa from India will this mean that I will lose 4 years of Stay in Uk and will not be eligible for ILR after completion of 5 years?

Can somebody please explain the best way for me obtain Tier 2 General Visa from the new employer within UK. When Can I get fresh CoS issued, When I can Apply for Visa extension or do I have to wait for my current employer to cancel my current CoS and only then I can initiate the process ??

Post by **manci** » Fri Oct 25, 2013 3:48 pm

REPLY TO shriakhilesh:

You should ask the new sponsor to assign a CoS to you now with the work start date given as the day after you finish work for your current sponsor.

Make sure that the skill level, salary, SOC code, etc. of the new job comply with the requirements. See the tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Once you have the new CoS make an in-country change of employment application:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

If you follow this procedure you will be eligible to apply for ILR in Sept/Oct 2014.

Irrespective of the date of the new leave you are allowed to continue working for your current sponsor until the day before the work start date stated in the new CoS

shriakhilesh · Post by **shriakhilesh** » Fri Oct 25, 2013 4:21 pm

Thanks Manci appreciate your help. A bit more clarification taking my case ..

In my case, my last day to serve notice with current compnay is 28-Jan-2014 and will be asked to go to India at around 15-Jan-2014 for separation formalities.

Should I then suggest my new employer to issue new CoS starting from 29-Jan-2014. Also once I get the CoS, should I also ask them to get me an (In Person Premium) appointment with UKBA so that I may get a new Visa starting from 29-Jan-2014.
Please correct me where you see me going wrong.

Will I get extension of Visa through the new CoS even before my current CoS gets cancelled. How does the UKBA know that my current CoS will end on 28-Jan-2014 unless my current employer informs them in some way.

Please suggest the best way for me according to the scenario. I really appreciate your help.

norty109 · Post by **norty109** » Fri Oct 25, 2013 5:06 pm

1. Do not leave UK once you finish your job. You normally get 60 days curtailment when your current employer notifies UKBA.

2. Request you new sposnor to issue you COS and take premium appointment to finalise your switching.

3. If money is not a constraint, it's better to use a good solicitor in UK for a fee of about £ 600-£ 1000. But they guarantee you all compliances are met.

4. If you come back outside country and your employer notifies UKBA, you will be subject to 12 month cooling period. You can't apply from outside UK under T-2 G without serving cooling period.

So best is apply within UK. Switching is a term for in country applications ONLY. I have suffered so much mental hassles in last 6 months its unbelievable.

shriakhilesh · Post by **shriakhilesh** » Fri Oct 25, 2013 7:13 pm

Thanks norty109 for sharing the insights.

It seems that my current employer will push on sending me to India a week or two before my last notice period day. I understand that my new employer will issue new CoS when I keep serving my notice period in UK. Should I ask them to get my premium appointment booked during the notice period with application for fresh Tier 2 General visa starting after the notice period which I can use to travel back from India to UK. I understand that Residence permit card takes 1-2 weeks to reach us so I should go for Biometric appointment at least 2 weeks before my travel to India.

Do see me going wrong anywhere ??

norty109 · Post by **norty109** » Sat Oct 26, 2013 6:24 am

I am not an expert. All I know in simple terms is unless you COMPLETE the full formalities of switching before you leave UK you won't be allowed back in the country. Sorry, but you will have to ask an expert on these matters but no way you can leave UK and re-enter whilst your switching is in process. Lastly your employere cant force you to leave UK and I think you have some issue on either money or disclosure to your current employer otherwise makes no sense that what difference it makes to initiate the switching process a month earlier with COS new work start date beginning from last date of current employer.

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