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Changing jobs under a tier 2 ICT

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

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Singhd
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Changing jobs under a tier 2 ICT

Post by Singhd » Sat Dec 01, 2018 5:07 pm

Hello,

I am currently working in the UK under a tier 2 ICT long term migrant visa. I have a CoS from my employer and I have received both my BRP and NI number.

My questions are 1. how do I go about changing jobs without having to leave the country and waiting for a cooling off period?

2. Can I directly apply to available positions and secure a job offer?

3. If a company wants to hire me, will they need to provide a new CoS? Or is that not necessary?
In short, what is the exact procedure for changing a job under this category of visa?

There is a lot of conflicting information out there, I'd appreciate if someone could answer my questions or point me in the right direction.

Thank you for your help

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CR001
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Re: Changing jobs under a tier 2 ICT

Post by CR001 » Sat Dec 01, 2018 6:30 pm

1. You can't change within the UK to tier 2 general. You also have to serve the cooling off period unless a sponsor is offering you a salary of £159,600 per annum, as clearly stated in the immigration rules.

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

https://www.gov.uk/guidance/immigration ... sed-system
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.
(k) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was three months or less, 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:

(i) the applicant’s last grant of leave was as a Tier 2 Migrant,
(ii) the applicant was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(iii) the applicant 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 £159,600 per year or higher.
2. You can apply etc but you cannot be sponsored without serving the cooling off period unless the above applies.

3. Yes. You will need a new CoS and likely RLMT. You cannot work for ANY other company on your current visa.
There is a lot of conflicting information out there,

Not really, the immigration rules are very clear.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Singhd
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Joined: Sat Dec 01, 2018 4:47 pm
India

Re: Changing jobs under a tier 2 ICT

Post by Singhd » Sat Dec 01, 2018 9:46 pm

Thank you for your reply.
Could you clear up something else for me- if my spouse is living in the UK with me on a tier 2 Dependent visa will they also require a CoS to work?
Or will a BRP suffice?

In case my spouse received a permanent job offer can they shift from a dependent to a tier 2 general or any other type of visa?

Thank you once again.

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CR001
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Re: Changing jobs under a tier 2 ICT

Post by CR001 » Sun Dec 02, 2018 10:12 am

will they also require a CoS to work?
No.
Or will a BRP suffice?
Yes
In case my spouse received a permanent job offer can they shift from a dependent to a tier 2 general or any other type of visa?
If an employer is will to sponsor her for Tier 2 General and completes all the requirements including the full and proper RLMT process, yes if they get RCoS approval, she can apply for Tier 2 General from home country. Not sure what 'other type of visa' you are referring to. There is only one 'work permit' type visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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