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Can a company apply for ICT as well as Tier 2 General

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

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Atlasshruggedinuk
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Joined: Tue Sep 03, 2013 6:12 am

Can a company apply for ICT as well as Tier 2 General

Post by Atlasshruggedinuk » Sun Sep 08, 2013 2:09 am

I am an employee of a US based company and planning to move to the UK office.
Since we wanted an option of a long term move as opposed to having no route to ILR, we are going through a RLMT to qualify for a Tier 2 General.

We have a Resident labor market test going on currently. the advertisement is out there but because of timelines (i have to leave the US soon) i was planning to make the case that we apply for a Tier 2 ICT now and i prepare for a entry clearance based on that but do not apply until we hear about the results of the RLMT, if RLMT is succesful then the company applies for another COS in the Tier 2 General restricted category next month.

is that possible? does UKBA allow multiple COS for the same person (i think yes) and would not question the ICT COS vs Tier 2 General COS?
(assume that i will only be using one COS)

Thank you for replying.

Jeeves
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Posts: 222
Joined: Fri Nov 30, 2012 7:26 pm

Post by Jeeves » Sun Sep 08, 2013 4:31 pm

So you're saying if the sponsor finds a settled worker that can do the job they will still hire you using the Tier 2 ICT CoS rather than give the job to the settled worker?

Something tells me the UKBA won't be too keen on that. It could also be seen as breaking paragraph 245G if the Immigration Rules - either a job can be filled be a settled worker or it can't.

Atlasshruggedinuk
Newly Registered
Posts: 6
Joined: Tue Sep 03, 2013 6:12 am

Post by Atlasshruggedinuk » Sun Sep 08, 2013 4:58 pm

Jeeves, thank you- but i did not mean that. I was taking the best case scenario where there are NO settled workers that qualify post RLMT.
The multiple COS are only to save time for my case just in case we do not get the Tier 2 general COS by a certain date.
Are you saying that the company loses the right to apply for an ICT Sponsorship by opening a RLMT for that job post?

The question is can the company apply for an ICT COS first, get the approval for an ICT COS and then not use it and apply for a Tier 2 General COS for the same person.
(the question is more about multiple COS for the same person, then anything else.)

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

Post by manci » Mon Sep 09, 2013 7:32 am


lonerider
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Joined: Sat Aug 01, 2015 10:15 am

Re: Can a company apply for ICT as well as Tier 2 General

Post by lonerider » Sun Aug 02, 2015 12:28 pm

Atlasshruggedinuk wrote:I am an employee of a US based company and planning to move to the UK office.
Since we wanted an option of a long term move as opposed to having no route to ILR, we are going through a RLMT to qualify for a Tier 2 General.

We have a Resident labor market test going on currently. the advertisement is out there but because of timelines (i have to leave the US soon) i was planning to make the case that we apply for a Tier 2 ICT now and i prepare for a entry clearance based on that but do not apply until we hear about the results of the RLMT, if RLMT is succesful then the company applies for another COS in the Tier 2 General restricted category next month.

is that possible? does UKBA allow multiple COS for the same person (i think yes) and would not question the ICT COS vs Tier 2 General COS?
(assume that i will only be using one COS)

Thank you for replying.

Could you please advise what ended up happening in your case? I am kind of in the same situation where I am getting transferred to the UK office of my firm but would like to apply under T2 G category instead of T2 ICT to get an option for ILR. Your guidance will be highly appreciated.

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