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Tier 2 General Priority/Premium Service and TB Testing

Only for UK Skilled Worker and Tier 2 (Employer Sponsored) points system Tier 2

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Iconhero
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Tier 2 General Priority/Premium Service and TB Testing

Post by Iconhero » Sat Sep 14, 2013 11:07 am

Hi All,

I am from India and currently working in the UK on Tier 2 ICT.
I recently found another job here and the new employer is sponsoring a Tier 2 General visa for myself and a dependent visa for my wife.

As per my current visa and UKBA rules I am required to go back to India to apply for the new visa.

Following are the 2 questions I have at this point in time:
1. Am I eligible for a Super Priority Service for applying a Tier 2 General visa in India?
2. Is TB testing necessary to be done in India only or can I get it done in the UK itself in NHS before going to India?

The reasons behind the above 2 questions are as below:
1. I need to be back in UK by 2 weeks for the new job and I am ready to go to the Chennai visa application centre for the super priority service.
2. The reason behind this question is that I know TB testing takes 3 days time and I do not want to waste 3 days after going to India and want to take the appointment as soon as I reach India.

Any help in this matter would be much appreciated.

Best Regards..

manci
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Post by manci » Sat Sep 14, 2013 2:08 pm

will you not be subject to cooling-off?

Iconhero
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Post by Iconhero » Sat Sep 14, 2013 2:15 pm

Hi Manci,

I am currently in "Tier 2 ICT Long Term Staff" visa and will be applying for "Tier 2 General" visa.
Since I am not applying to the same type of visa I think the cooling off period doesnt apply to me and I am make a fresh application to "Tier 2 General". Hope I am correct in this.


Best Regards..

Jeeves
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Post by Jeeves » Sat Sep 14, 2013 2:52 pm

Iconhero wrote: I am currently in "Tier 2 ICT Long Term Staff" visa and will be applying for "Tier 2 General" visa.
Since I am not applying to the same type of visa I think the cooling off period doesnt apply to me and I am make a fresh application to "Tier 2 General". Hope I am correct in this.
245HB(g)
The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:

(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or

(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £152,100 or higher.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

So unless you're getting £152,100 you will be subject to the cooling off period.

Iconhero
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Post by Iconhero » Sat Sep 14, 2013 3:18 pm

Hi Jeeves,

Thank you for the reply.

Initially I came to the UK with a "Tier 2 ICT Short Term Staff" visa and then upon completion I went back to India applied for "Tier 2 ICT Long Term Staff" visa within 2 months and since then I have been working with that for over a year now.
I successfully got the visa without any cooling off period.

Now going back to the point mentioned in your reply by UKBA, I assume that cooling off period applies when applying for same type of visa rather than same category. The point mentions "Tier 2 Migrant" in a broader sense I guess.

My history of visas suggests that I am all good for applying for "Tier 2 General" without cooling off period affecting me.

Please advise if I am correct and also please answer my initial 2 questions posted.

Best Regards..

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Sep 14, 2013 6:49 pm

unfortunately, as Jeeves wrote, unless you're getting £152,100, according to the Immigration Rules you will be subject to the cooling off period. Your questions 1 and 2 are therefore not relevant

Iconhero
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Post by Iconhero » Sat Sep 14, 2013 10:13 pm

Hi Manci,

If we are speaking only on the basis of point 245HB(g) then how is it that I got a "Tier 2 ICT Long Term Staff" visa just after "Tier 2 ICT Short Term Staff" visa without any cooling off period?

I had the short term visa from Nov 2011 till April 2012 and then i applied for Long term visa in May 2012 and after getting the Long term visa came to the UK in June 2012.

Can you please advise/explain if some rules changed between then and now or was it always the same? And how is this application considered different from the last?

Best Regards..

Jeeves
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Post by Jeeves » Sun Sep 15, 2013 6:25 am

245HB doesn't cover ICT, the equivalent paragraph is 245GB(d & e):

(d) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who:

(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this,

(ii) is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011, or

(iii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) of £152,100 or higher.

manci
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Post by manci » Sun Sep 15, 2013 6:28 am

Iconhero wrote:how is it that I got a "Tier 2 ICT Long Term Staff" visa just after "Tier 2 ICT Short Term Staff" visa without any cooling off period?
245GB(d) and (e)(ii)
Last edited by manci on Sun Sep 15, 2013 9:20 am, edited 1 time in total.

Iconhero
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Post by Iconhero » Sun Sep 15, 2013 9:19 am

Hi Manci, Jeeves,

Thanks for your replies.

My wife is on "Tier 2 long term staff partner" dependent visa and working in the UK.
Can I get her a "Tier 2 General" visa sponsored and apply for myself as her dependant? Or cooling off period still applies for either of us?

Best Regards..

manci
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Post by manci » Sun Sep 15, 2013 9:38 am

Iconhero wrote:Hi Manci, Jeeves,

Thanks for your replies.

My wife is on "Tier 2 long term staff partner" dependent visa and working in the UK.
Can I get her a "Tier 2 General" visa sponsored she can get a T2G visa once her employer assigns a CoS to her and she meets all other requirements. She would have to apply from her home country.

and apply for myself as her dependant? once she returns to the UK as a T2G migrant you can change your status to being her dependant, furthermore, due to the October 2013 changes to the Immigration Rules you can switch in-country. See para 7.22 in the Statement of Changes:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Or cooling off period still applies for either of us? cooling-off will not apply to either of you in this case.

Best Regards..

Iconhero
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Post by Iconhero » Sun Sep 15, 2013 10:07 am

Hi Manci,

In para 7.23 of the same document it states that main applicants and dependants cant swap visas. How does this para affect para 7.22?


I have already received a CoS number from my new employer. Do you think that will just go waste if I try to apply knowing that cooling off period applies to me?

Best Regards..

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Sep 15, 2013 10:49 am

Iconhero wrote:Hi Manci,

In para 7.23 of the same document it states that main applicants and dependants cant swap visas. How does this para affect para 7.22? it doesn't

I have already received a CoS number from my new employer. Do you think that will just go waste if I try to apply knowing that cooling off period applies to me? your application will be refused. The prospective sponsor should have known better than to assign a CoS to you - ask them to read the T2 sponsor guidance
Best Regards..

Iconhero
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Post by Iconhero » Sun Sep 15, 2013 12:25 pm

Hi Manci,

Thanks again for the prompt replies.

Is it necessary/advisable to get my wife's visa done first and then get my dependant visa or can we go together to India and apply for the visas(she being the main applicant and me dependant)?


Best Regards..

manci
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Post by manci » Sun Sep 15, 2013 3:53 pm

either way is possible but remember that your wife's CoS will be subject to the sponsor doing a RLMT (unless an exemption applies) which takes 28 days, Also, restricted CoS-s are only granted to sponsors once a month, on the 11th, provided they have applied by the 5th.

Iconhero
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Post by Iconhero » Mon Sep 16, 2013 6:40 am

Hi Manci..

Now that it is clear that i cannot apply as main applicant now; can you answer my initial 2 questions i.e. priority service in India and Tb tesing in UK, if am applying for my wife as main applicant.

Best regards..

Jeeves
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Post by Jeeves » Mon Sep 16, 2013 6:45 am

Regarding TB, the only acceptable clinics are those listed in appendix T.

http://www.ukba.homeoffice.gov.uk/polic ... appendixt/

You could try contacting one to see if they can give you an appointment prior to travelling.

norty109
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dont waste time

Post by norty109 » Wed Sep 18, 2013 8:24 pm

Cooling off will apply. I had similar case and even though in May there was a discrepancy in sposnor guidance with rules on cooling off period yet my visa was refused. 3 months and no reply on admin review because april 2013 sponsor guidance did show long term ICT exempted from cooling off. So dont waste your time with your new cos as once refusal is there you will be prone to lot of checks.

Your wife can apply as T2G as Manci said. Please read the guidelines carefully and might be worth to consult a solicitor. Good Luck.

Iconhero
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Post by Iconhero » Thu Sep 19, 2013 10:23 am

Hi Norty109,

Thanks for your reply, if in April 2013 the ICT Long term were exempted then when did this rule actually come into play?

I have come here last year in June 2012, dont the rules which were there at that time apply to me rather than the latest rules?

Best Regards..

Iconhero
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Post by Iconhero » Tue Sep 24, 2013 1:05 pm

Hi All,

Thanks for all your replies and would be proceeding as suggested by Manci, Jeeves and Norty109.

The main reason behind this cooling off period concept is as below:
People in "Tier 2 General" visa after staying in 6 years in the UK can apply for ILR and people in "Tier 2 ICT Long Term" can never apply for ILR.
To prevent people from jumping from ICT to General and applying for ILR in the longer term, UKBA has introduced the cooling off period of 12 months (as they know that no job offer will wait for 12 months).

I dont have any written/printed references for this information as I got this while speaking to a representative from UKBA enquiry.

Hope everything goes well and wishing the best for everyone around.

Best Regards..

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