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Switching visa: ICT to general - right to work

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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Wanderer87
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Switching visa: ICT to general - right to work

Post by Wanderer87 » Mon Jan 13, 2020 1:37 am

My ICT visa with my current sponsor expires in May. I am about to leave the UK and submit an application for Tier 2 general with a new sponsor (I fall under the exemption allowing it). I will apply in February from my home country, for a start date with a new sponsor in May. At what point in the application process does my current visa / work permit for the old sponsor expire, and will I be able to go back to the UK to continue working for the old employer after the application submission in Russia but before the receipt of the new visa for the new sponsor ? Thank you !!

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Re: Switching visa: ICT to general - right to work

Post by CR001 » Mon Jan 13, 2020 6:10 am

Your ICT visa will be cancelled when your new tier 2 general visa is approved and issued.

You cannot work for your current employer with your new visa and you can only enter the UK from the validity of your new visa issue date.
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Wanderer87
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Re: Switching visa: ICT to general - right to work

Post by Wanderer87 » Mon Jan 13, 2020 10:09 am

Thank you ! So is it in February or in May? I read your reply as if it is the earlier. Thank you !

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Re: Switching visa: ICT to general - right to work

Post by CR001 » Mon Jan 13, 2020 10:54 am

Your tier 2 general visa will be issued with a start date in line with the CoS. So if your start date is only May and stated in the CoS, that is what it is likely to be.

You therefore won't be able to return to the UK until then.
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Re: Switching visa: ICT to general - right to work

Post by Wanderer87 » Sat Jan 18, 2020 2:25 pm

Thank you CR001 this is extremely helpful - as my new employer has not done this before, so they are somewhat in the dark on the rules...
my current timeline is:
Old employer contract and cos valid to 15 May (I’m not working and on notice)
New employer contract and cos start 16 May
I am due to leave the UK and apply for a new (Tier 2 general) visa from my home country 3 months before (around 17 Feb), and am told that visa is likely to take 2-3 weeks (so assume it will be approved/issued early March, with a start date in May).

Q1. I am therefore stuck in my home country, unable to work for either party for 2.5 months?

I was told by people who switched previously that they did not have to stop working, but they did it from within the UK under the old rules..

Q2. So the visa and sponsor switch from outside of the country would always break your continuous employment ?

Q3. Can the new employer issue a COS for an earlier date, despite the contract only stating 16 May, and despite there being another CoS in place from the old employer?

Q4. At what point should I notify the old employer for them not to break any immigration rules by accidentally employing me once my visa for them is no longer valid?

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Re: Switching visa: ICT to general - right to work

Post by CR001 » Sat Jan 18, 2020 3:05 pm

Q1. I am therefore stuck in my home country, unable to work for either party for 2.5 months?
Correct. Unsure why you are applying so early for your new visa though. You current cos expiry date is completely irrelevant to this whole process. There is no rules that says the new rcos must be from after the current cos you have with a different employer.
I was told by people who switched previously that they did not have to stop working, but they did it from within the UK under the old rules..
There is old rule s for tier 2. Applying to switch employers within the UK is a slightly different process but once the new visa is issued they still can only work for the new sponsor. Hence people apply and plan accordingly.
Q2. So the visa and sponsor switch from outside of the country would always break your continuous employment ?
Continuous employment has nothing to do with this So unclear what the point is.
Q3. Can the new employer issue a COS for an earlier date, despite the contract only stating 16 May, and despite there being another CoS in place from the old employer?
They can issue a cos for any date, but the cos is usually in line with all the other employer requirements. The earliest you would possible be able to return is within 14 days before your work start date. If your work start date changes, they have to update the SMS system of the changes.
Q4. At what point should I notify the old employer for them not to break any immigration rules by accidentally employing me once my visa for them is no longer valid?
You are already in notice so what relevance is this.
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Re: Switching visa: ICT to general - right to work

Post by Wanderer87 » Sat Jan 18, 2020 3:14 pm

Thank you all clear!!

On the last point - I am on garden leave and fully paid, so I have to notify the old employer once my visa and so my contract no longer stand (which presumably means they can’t pay me any longer).

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Re: Switching visa: ICT to general - right to work

Post by CR001 » Sat Jan 18, 2020 3:17 pm

Correct yes.
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Re: Switching visa: ICT to general - right to work

Post by Wanderer87 » Mon Jan 20, 2020 1:32 pm

On the last point actually - given that I will not be in the UK any longer after my old employer visa has expired, maybe the old employer can still continue paying for the rest of the notice period even though I don’t have the right to work in the UK? Not sure this comes up often - but as long as an employee Without a visa is out of the country why can’t they be employed by a UK employer ?

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