Apr 14 Change in Rules - Switching from T2 ICT to T2G

[breezzer]

Many thanks manci for valuable informations.

Now my employer willing to assign an unrestricted cos for me on previous advertisement which has already expired.
In the ad they mentioned start date as 19/09/2014 and expiry date as 17/10/2014.
Please let me if its okay. Or my visa can be rejected on the cos whose rmlt is incorrect.
Please advice.

Thanks.

Hi manci,

Can you please update my situation as I understand point (a) is incorrect now.

Thanks,

Hi manci,

I am falling under the same braket as steated by you.

I have my UK entry clearence under T2 ICT Established staff on June 2010 and staying in UK currently 4+ years

I am going to apply for T2 General by changing sponsor next week.

a) Am I allowed to stay in this country till June 2016 max. And no way I can't extend it thereafter as per current rule?
correct.

[/quote]
the 6 year cap for those who entered T2G after Apr 11 no longer includes time under T2 ICT.
See: http://www.immigrationboards.com/uk-tier-2-employer-sponsored-visas/oct-14-change-in-rules-switching-from-t2-ict-to-t2g-t174306.html?hilit=oct#p1105069[/quote]

[manci]

Now my employer willing to assign an unrestricted cos for me on previous advertisement which has already expired.
In the ad they mentioned start date as 19/09/2014 and expiry date as 17/10/2014.
Please let me if its okay. Or my visa can be rejected on the cos whose rmlt is incorrect.
Please advice.
An RLMT is valid for 6 months.

[breezzer]

Thank you Manci. But my question was

a) in the ad mentioned start date as 19/09/2014 and expiry date as 17/10/2014 is valid for cos?
b) in cases where cos generated wrongly can my visa get rejected. Or ukba won't allow the cos to be generated.

Many thanks in advance.

Now my employer willing to assign an unrestricted cos for me on previous advertisement which has already expired.
In the ad they mentioned start date as 19/09/2014 and expiry date as 17/10/2014.
Please let me if its okay. Or my visa can be rejected on the cos whose rmlt is incorrect.
Please advice.
An RLMT is valid for 6 months.

[manci]

Thank you Manci. But my question was

a) in the ad mentioned start date as 19/09/2014 and expiry date as 17/10/2014 is valid for cos?
these were probably the start and end dates of the ads which have to run for 28 days, they are not dates directly to do with the CoS.

b) in cases where cos generated wrongly can my visa get rejected. Or ukba won't allow the cos to be generated.
the CoS can be generated, it is an online process in which the sponsor certifies that they complied with the rules as regards the RLMT, and gives the required details, but if on subsequent checking by UKVI the RLMT turns out not to have been carried out according to the rules, or the sponsor provided false information, the CoS will be cancelled and the sponsor penalised

Many thanks in advance.

[breezzer]

Thanks manci. I hope that my visa won't be rejected if any incorrect cos/RMLT has been processed since that is out of my control.

Thank you Manci. But my question was

a) in the ad mentioned start date as 19/09/2014 and expiry date as 17/10/2014 is valid for cos?
these were probably the start and end dates of the ads which have to run for 28 days, they are not dates directly to do with the CoS.

b) in cases where cos generated wrongly can my visa get rejected. Or ukba won't allow the cos to be generated.
the CoS can be generated, it is an online process in which the sponsor certifies that they complied with the rules as regards the RLMT, and gives the required details, but if on subsequent checking by UKVI the RLMT turns out not to have been carried out according to the rules, or the sponsor provided false information, the CoS will be cancelled and the sponsor penalised

Many thanks in advance.

[mkojha]

Hi Manci,

In my case my Tier 2 ICT visa was effective from June 2010 and it was applicable for 3 years at that time i.e. until June 2013.

I applied for extension in May 2013 and got it extended till May 2015. Meanwhile in Aug 2014 I changed employer and the new employer sponsored for my T2 General with CoS validity for 5 years. I got T2 ICT converted to T2 General in Sept 2014 but the visa was valid only till June 2016 as it hit the 6 years cap.

Now with the new rule in place will I be in a position to:

1. Request for review against the original decision made as it was an error, as it is recently made, I paid fees for 5 years CoS but got visa only for 1.5 years?

2. Apply for extension in May 2016 once the present visa is nearing completion. At that time I will apply for 5 years, I may get visa only for 4.5 years i.e Sept 2020 (6 yrs cap) but that will make me eligible for ILR as I would've already completed 5 yrs in Sept 2019?

Can you please help me with these 2 queries?

Regards

[deepakpareek]

Hi Manci,

Please reply quick on below question in COS letter :
Does the migrant need to leave and re-enter the UK during the period of Approval ? Y/N

As I m on Tier 2 ICT Long Term Staff migrant partner visa(dependent) and working for same employer in UK only and my current company is sponsoring me. So to change visa i have to go to India. What should be the answer to the above question please [Y/N].

Thanks,
Deepak

[manci]

Hi Manci,

In my case my Tier 2 ICT visa was effective from June 2010 and it was applicable for 3 years at that time i.e. until June 2013.

I applied for extension in May 2013 and got it extended till May 2015. Meanwhile in Aug 2014 I changed employer and the new employer sponsored for my T2 General with CoS validity for 5 years. I got T2 ICT converted to T2 General in Sept 2014 but the visa was valid only till June 2016 as it hit the 6 years cap.

Now with the new rule in place will I be in a position to:

1. Request for review against the original decision made as it was an error, as it is recently made, I paid fees for 5 years CoS but got visa only for 1.5 years?
the decision was not in error, the new rule only came into force on 6 November 2014. Write to UKVI requesting a refund of the difference in fees

2. Apply for extension in May 2016 once the present visa is nearing completion. At that time I will apply for 5 years, I may get visa only for 4.5 years i.e Sept 2020 (6 yrs cap) but that will make me eligible for ILR as I would've already completed 5 yrs in Sept 2019?
correct

Can you please help me with these 2 queries?

Regards

[manci]

Hi Manci,

Please reply quick on below question in COS letter :
Does the migrant need to leave and re-enter the UK during the period of Approval ? Y/N
As I m on Tier 2 ICT Long Term Staff migrant partner visa(dependent) and working for same employer in UK only and my current company is sponsoring me. So to change visa i have to go to India. What should be the answer to the above question please [Y/N].
this question is for your sponsor to answer when they assign the CoS, it is not for you. The answer should be N.



Thanks,
Deepak

[manci]

Hi Manci,

Please reply quick on below question in COS letter :
Does the migrant need to leave and re-enter the UK during the period of Approval ? Y/N
As I m on Tier 2 ICT Long Term Staff migrant partner visa(dependent) and working for same employer in UK only and my current company is sponsoring me. So to change visa i have to go to India. What should be the answer to the above question please [Y/N].
this question is for your sponsor to answer when they assign the CoS, it is not for you. The answer should be N.



Thanks,
Deepak

[deepakpareek]

Thanks Manci for your quick reply. But, when I told my employer HR to change the answer to N , she refused to change because she is saying that since i have to go back to India to get my Visa she has put the answers as Y.

What will happen if she submits the COS, with answers as "Yes" , for the below questions? What implications will it have on my chances of getting Visa approval etc.. or any impact while I am working?

Please help and reply soon, so that I can try to put more facts and evidence to my HR , if this is going ot adversly affect my application.

Does the migrant need to leave and re-enter the UK during the period of Approval ? Y/N


Thanks again
Deepak

Hi Manci,

Please reply quick on below question in COS letter :
Does the migrant need to leave and re-enter the UK during the period of Approval ? Y/N
As I m on Tier 2 ICT Long Term Staff migrant partner visa(dependent) and working for same employer in UK only and my current company is sponsoring me. So to change visa i have to go to India. What should be the answer to the above question please [Y/N].
this question is for your sponsor to answer when they assign the CoS, it is not for you. The answer should be N.



Thanks,
Deepak

[manci]

Thanks Manci for your quick reply. But, when I told my employer HR to change the answer to N , she refused to change because she is saying that since i have to go back to India to get my Visa she has put the answers as Y.

What will happen if she submits the COS, with answers as "Yes" , for the below questions? What implications will it have on my chances of getting Visa approval etc.. or any impact while I am working?

Please help and reply soon, so that I can try to put more facts and evidence to my HR , if this is going ot adversly affect my application.

Does the migrant need to leave and re-enter the UK during the period of Approval ? Y/N
The fact that you will be applying for your visa from India has nothing to do with answering this question as your present status as a PBS dependant is not relevant to your T2G entry clearance application.
The Home Office advice is that Y need only be entered if the migrant will be travelling frequently. The visa conditions are exactly the same whether Y or N are entered but Y lets the HO know that frequent travel is anticipated for the migrant. Your HR person can check this by ringing the employer helpline: 0300 123 4699.

Thanks again
Deepak
]

[deepakpareek]

Thanks for your previous responses.

Q) My COS states that Start Date: 30/10/2014 and End Date: 30/10/2019 .
I have recieved my COS today, hence am planning to go to India on 22nd Nov and book VISA appointment for 26 Nov. Then return to UK to join work on 18December 2014.

I hope all this is OK. I was little concerned about the start date mentioned on the COS, and when I told my HR to change the start date to 18 December 2014, she said she cannot change it because she had already submitted these dates when my COS was applied before 05th November 2014, and the system did not allow her to change the dates. She thinks she has given the right dates because that is when my COS application process started.

Can you please let me know if there is any concern or any impact in getting my Visa processed because of the start date mentioned there.

Appreciate your quick response!

Thanks
Manci

[deepakpareek]

Hi Manci,

Regarding Offer letter, I have the initial offer later that I got when I joined this company on 20 Jan 2014 when I was on Tier 2 ICT Staff Partner Dependant visa. Now, when I will go for submitting my Visa applicaiton for Tier 2 General with the COS from the same company, Do I need to take the original offer letter dated : 20 Jan 2014, or Do I need to get a new offer letter from the company(they have not given me any new offer letter as I am continuig in the same role and responsibility) or I need not submit any offer letter ?

Appreciate your quick response

Thanks & Regards
Deepak

[manci]

Thanks for your previous responses.

Q) My COS states that Start Date: 30/10/2014 and End Date: 30/10/2019 .
I have recieved my COS today, hence am planning to go to India on 22nd Nov and book VISA appointment for 26 Nov. Then return to UK to join work on 18December 2014.

I hope all this is OK. I was little concerned about the start date mentioned on the COS, and when I told my HR to change the start date to 18 December 2014, she said she cannot change it because she had already submitted these dates when my COS was applied before 05th November 2014, and the system did not allow her to change the dates. She thinks she has given the right dates because that is when my COS application process started.

Can you please let me know if there is any concern or any impact in getting my Visa processed because of the start date mentioned there.
not a problem
Appreciate your quick response!

Thanks
Manci

[manci]

Hi Manci,

Regarding Offer letter, I have the initial offer later that I got when I joined this company on 20 Jan 2014 when I was on Tier 2 ICT Staff Partner Dependant visa. Now, when I will go for submitting my Visa applicaiton for Tier 2 General with the COS from the same company, Do I need to take the original offer letter dated : 20 Jan 2014, or Do I need to get a new offer letter from the company(they have not given me any new offer letter as I am continuig in the same role and responsibility) or I need not submit any offer letter ?
you don't need any offer letter, old or new
Appreciate your quick response

Thanks & Regards
Deepak

[deepakpareek]

Hi Manci,

Can you please advise on the below :
Q1)Personal Details - Permanent Address :
Which address (India or UK) should I fill as My Permananent Address while filling the application to apply for Tier 2 General. As you might already be aware, my case is that I have been living in UK for the past 14 months in UK on Tier 2 ICT visa. So, shall I give my Parent's address from India or my current UK address ?

Q2) Travel History - Have you ever travelled to UK in last 10 yrs. ?
Please enter details of your upto 5 most recent visits?

Date of Arrival : 20 - Sep -2014
Date of Departure : The system is allowing me to enter only upto today's date.. but I am planning to go to India by 26th - Nov. So, can I give today's date?
Purpose of Trip - Can I give purpose as Visit? or Work? (as I had come to UK on Staff Partner visa)



Appreciate your quick response
Thanks for your continued guidance!
Regards
Deepak

[deepakpareek]

Hi Manci,

Please reply to above questions.
Thanks for ur continued support.

Regards,
Deepak

[vaspadmanabhan]

Hi,

I am a new member here. I believe I'm in similar state as Deepak. I was issued a Tier 2 ICT dependent (for 3 years) on Sep 2011. And I recently renewed the Tier 2 ICT dependant for another 2 years till Nov 2016. I have been working for a company for the last 6 months and they are now willing to sponsor my T2G visa. Now my question is

1. If I leave the country in Dec 2014 and apply for a Tier 2 General from outside UK during my Christmas break, Will the new 6 years CAP still apply ?

My Employer is willing to complete Resident market labor test and are willing to provide me a unrestricted CoS.

Will I be able to get a 5 year Tier 2 General Visa effectively valid till 2019 ?

Thanks a lot. I really appreciate everyone's help.

See also http://www.immigrationboards.com/uk-tie ... 74306.html

[manci]

Hi Manci,

Can you please advise on the below :
Q1)Personal Details - Permanent Address :
Which address (India or UK) should I fill as My Permananent Address while filling the application to apply for Tier 2 General. As you might already be aware, my case is that I have been living in UK for the past 14 months in UK on Tier 2 ICT visa. So, shall I give my Parent's address from India or my current UK address ?

Q2) Travel History - Have you ever travelled to UK in last 10 yrs. ?
Please enter details of your upto 5 most recent visits?

Date of Arrival : 20 - Sep -2014
Date of Departure : The system is allowing me to enter only upto today's date.. but I am planning to go to India by 26th - Nov. So, can I give today's date?
Purpose of Trip - Can I give purpose as Visit? or Work? (as I had come to UK on Staff Partner visa)

You should apply for entry clearance from India, not from the UK. The purpose of your last trip to the UK was dependant partner of T2 migrant.

Appreciate your quick response
Thanks for your continued guidance!
Regards
Deepak

[manci]

Hi,

I am a new member here. I believe I'm in similar state as Deepak. I was issued a Tier 2 ICT dependent (for 3 years) on Sep 2011. And I recently renewed the Tier 2 ICT dependant for another 2 years till Nov 2016. I have been working for a company for the last 6 months and they are now willing to sponsor my T2G visa. Now my question is

1. If I leave the country in Dec 2014 and apply for a Tier 2 General from outside UK during my Christmas break, Will the new 6 years CAP still apply ?
the 6 year cap will apply from the start of your T2G visa
My Employer is willing to complete Resident market labor test and are willing to provide me a unrestricted CoS.
you need a restricted, not an unrestricted, CoS
Will I be able to get a 5 year Tier 2 General Visa effectively valid till 2019 ?
yes, provided your sponsor gives you a 5 year CoS

Thanks a lot. I really appreciate everyone's help.

See also http://www.immigrationboards.com/uk-tie ... 74306.html

[KVP]

Hi Manci,

I am getting confused answers from solicitors and others, regarding my ILR eligibility.

My details:

1) Workpermit issued for Intra-company transfer - vaild from Nov 2008 to Nov 2010.

First entry in UK: Dec 2008
Left UK: Aug 2009

I had a break more than year - Aug 2009 to Oct 2010
i.e. worked for same employer at offshore location

2) Applied ICT - Applied from India and valid from Oct 2010 to till date.
Entry to UK: Oct 2010

Staying over 4 years in UK by doing in-country extension for same employer.

I understand there is 10 year long route.

My queries:

1) Is there a way to qualify for ILR under 5 year employment route as my initial WP and ICT overlapped? i.e. I applied for Tier 2 ICT before my WP expired. I could have travelled using WP. My ignorance/situations, my employer applied for ICT - Established Staff

2) Is my continious period broken here?

3) Is there a way to combine WP and ICT and apply for ILR next year under 5 year employment route?

4) What is the possibility if I switch to Tier 2 - General visa now for another employer?


My heartful thanks to you if you could clarify my queries.

[deepakpareek]

Hi Manci,

Thanks for all your support. I want to sincerely thank you and the immigrationboards team here that helped answer many of my questions throughout the process.
I have now successfully switched from T2 ICT Migrant Partner Visa to Tier 2 General Visa , with the below stamped dates for my Tier 2 General Visa :
Valid From: 04/12/14
Valid Until: 30/11/19

Next, I would like to take your advice on the best chances to be able to apply for ILR for myself and my wife after 5 years stay in th e U.K.
Based on the info gathered so far I believe below will be the best option :

I know I will fall short by 4 days to complete 5 years on the above visa, but planning to apply for extension of 1 more year at the end Visa end date i.e. from 30/11/19 , so that I can complete full 5 years in U.K. on Tier 2 General in the U.K. Hope that will make me eligible to apply for ILR at the end of 5 years.

Option 1) Switching of my Wife - Garima's visa from Tier 2 ICT to Tier 2 General Migrant Partner (Spouse) visa.
Her current Visa details are as below :
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015
Employment status: Working for the same company and assignment in the UK that processed her Tier 2 ICT visa

Hence please help answer the below questions:
Q1) Can she immediately apply for Tier 2 General Migrant Partner (Spouse) visa ? If yes, how long does the process take and what all is required to be done?

Q2) Because of different job locations , we both are living at different addresses closer to our offices respectively. I work near Manchester and she works near London. We have our respective different addresses in all our UK bills/driving license etc.. But we meet over weekends and during leaves/holidays and are not separated but truly married. Will this be an issue when we apply to switch her Visa type from Tier 2 ICT to Tier 2 General Staff Partner (Spouse) visa ? Or will this be an issue when we finally apply for ILR at the end of both of ours Tier 2 General and Tier 2 General Partner visa complete 5 years in the U.K. ?
I ask this, because somewhere I read about is that your partner should be living with you etc..
Can you please suggest?

Q3) If she continues on her Tier 2 ICT visa and gets it extended for another 3 years. Now after 5 years of her stay in U.K. (most of it on Tier 2 ICT, 4.5 yrs on tier 2 ICT and then remaining on Tier 2 General dependent, will she be eligible to apply for ILR ?

Hoping for your quick and swift reply as always.

Thanks Again!!

Regards
Deepak

[breezzer]

Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have 3 questions:

a) my current employer has advertised and interviewed me for one profile (Java development) but my work on a client project would be on other profile (Microsoft Development). (both are in IT only but different job spec). Will that be any issue in future?
b) my current sponsor has RMLT done on ad where salary specified 32000 but they are offering me 35000. Will it cause any problem in my visa process.
c) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?

Many thanks in advance.

[Alokgupta]

Hello Manci,

I am a new member here.

Please can you help on this

I am Tier 2 ICT long term - May 2012 to may 2014 and extension from May 2014 to April 2014 T2 ICT Long term leave to remain

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

What I understand from the other posts is
1. She has to apply for Tier2 general visa from the home country without any cool off period.
2. I as a ( tier 2 ICT main applicant ) need not to observe a cool off period in this case and can switch on tier 2 general dependant from Home country OR UK.

Is the above understanding correct?

My queries are
1. Sponsor is giving a restricted COS. Can I get an Unrestricted COS in my Situation?
2. Are the tax liabilities in restricted COS case is very high?
3. My SOC is 3537


Many Thanks