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

[manci]

Manci - thanks for your response. Point 2 and 3 are clear but still need some guidance on point 1. Please allow me to explain my situation and the understanding that I have been provided by my immigration team.

1. I am not sure if my company is licensed to provide T2G but I can find that out.
you can check it here:
https://www.gov.uk/government/uploads/s ... -04-02.pdf

2. The reason they are sponsoring T2ICT is because the turn around time is 3 - 4 weeks and the business requirement is such that I have to be there within that time limit.
that is their motivation. Yours is ILR

3. If they sponsor my T2G then they have to wait for 2 - 3 months for the visa to come through.
T2G would be a longer process: RLMT (4 weeks) followed by applying for a restricted CoS (this is assuming you are not a high earner and the job is not a shortage occupation).

Can my company request for T2G for an existing overseas employee?
yes, if they are licenced for T2G

I have spent more than a year with their Dubai office and hence as per my understanding, I am only eligible for T2ICT.
not so
If they apply for my T2G, will it cause any legal implications?
no, but they'll have to cancel your present CoS first

Does the turn around time for T2G gets reduced in case of existing overseas employees (i almost know that answer will be a No for these questions).
no, it makes no difference
By what date would we have the new guidelines published?
probably next week, could be tomorrow 6 April (same link as in the previous post)
Thanks again.
RK

[rashidquamar]

Hi,

I got my Tier 2 ICT long term staff visa in April,2013.
I got a new sponsor in London offering for Tier 2 General

Please let me know, Is this still valid I can switch over from Tier 2 ICT to Tier 2 General now?

Regards
Rashid

[manci]

Hi,

I got my Tier 2 ICT long term staff visa in April,2013.
I got a new sponsor in London offering for Tier 2 General

Please let me know, Is this still valid I can switch over from Tier 2 ICT to Tier 2 General now?

only possible after 1 year cooling-off in home country
Regards
Rashid

[PC123456]

Just joined - can you please help answer some questions:

Tier 2 (ICT) Established Staff visa has been issues in Jan 2011 and candidate entered UK in Feb 2011. This visa was for 3 years and visa was renewed in Dec 2013 (almost 3 years from Jan 2011) for another 2 years (T2 ICT Long term). Questions:

1. Will this candidate be eligible for ILR in Dec 2015 (after almost 5 years from Jan 2011)?
i. If not, can this candidate get visa extension in Dec 2015 (assuming the sponsor still needs this candidate)?
ii. At what stage can this candidate apply for ILR? Assuming extension happens every 2 years - Dec 2015 - Dec 2017 - Dec 2019 - Dec 2021...and so on.
iii. Can this applicant shift to Tier 2 General with another employer without cooling off period? Will ILR be possible after that? Will the clock get reset or will time spend on ICT be taken into account?

2. This candidate's spouse in on Tier 2 (PBS dependent) visas issued and renewed same as the candidate above. Can spouse shift to Tier 2 General without cooling off period? Will spouse be entitled to ILR after 5 years assuming Tier 2 General is issued in the next couple of months?

Both the candidate and spouse earn £50K+ but less than £100K.

[manci]

Just joined - can you please help answer some questions:

Tier 2 (ICT) Established Staff visa has been issues in Jan 2011 and candidate entered UK in Feb 2011. This visa was for 3 years and visa was renewed in Dec 2013 (almost 3 years from Jan 2011) for another 2 years (T2 ICT Long term). Questions:

1. Will this candidate be eligible for ILR in Dec 2015 (after almost 5 years from Jan 2011)?
no, as he didn't have leave under the rules before 6 April 2010

i. If not, can this candidate get visa extension in Dec 2015 (assuming the sponsor still needs this candidate)?
yes, he can get extensions indefinitely but will need a new CoS for each extension

ii. At what stage can this candidate apply for ILR? Assuming extension happens every 2 years - Dec 2015 - Dec 2017 - Dec 2019 - Dec 2021...and so on.
in 2021 under 10 year long residence rules

iii. Can this applicant shift to Tier 2 General with another employer without cooling off period?
yes, he can switch in-country.

Will ILR be possible after that? Will the clock get reset or will time spend on ICT be taken into account?
he will be eligible for ILR after 5 years on T2G (clock will be re-set)

2. This candidate's spouse in on Tier 2 (PBS dependent) visas issued and renewed same as the candidate above. Can spouse shift to Tier 2 General without cooling off period?
yes, with a restricted CoS) and applying from home country (no cooling-off)

Will spouse be entitled to ILR after 5 years assuming Tier 2 General is issued in the next couple of months?
she'll be eligible for ILR after 5 years on T2G

Both the candidate and spouse earn £50K+ but less than £100K.

[PC123456]

Thank you Manci. Really appreciate your response and help here.

Could you also please clarify these additional questions:

If an applicant is on Tier 2 ICT issued between April 2010 to March 2011 and spouse gets a Tier 2 General in May 2015 (changed from Tier 2 PBS dependent) - at a later date:
i) Can Tier 2 ICT applicant get dependent visa based on spouse's Tier 2 General? If yes, will there be a cooling off period?
ii) Can Tier 2 General applicant revert to being Tier 2 PBS dependent? If yes, will there be a cooling off period?

If Tier 2 General is issued in May 2015 and this applicant wants to leave the company and another company is ready to offer CoS - I assume there will be 1 year cooling off period - Is the assumption correct? Can this one year be as Tier 2 PBS dependent?

Also, in your response above - what do you mean by restricted CoS?

[manci]

Thank you Manci. Really appreciate your response and help here.

Could you also please clarify these additional questions:

If an applicant is on Tier 2 ICT issued between April 2010 to March 2011 and spouse gets a Tier 2 General in May 2015 (changed from Tier 2 PBS dependent) - at a later date:
i) Can Tier 2 ICT applicant get dependent visa based on spouse's Tier 2 General? If yes, will there be a cooling off period?
he can switch to PBS dependant in-country, there is no cooling-off.

ii) Can Tier 2 General applicant revert to being Tier 2 PBS dependent? If yes, will there be a cooling off period?
see i) above - A T2 migrant can switch to become a PBS dependant in country without cooling-off

If Tier 2 General is issued in May 2015 and this applicant wants to leave the company and another company is ready to offer CoS - I assume there will be 1 year cooling off period - Is the assumption correct?
no, if he is on T2G, doesn't leave the UK and has been assigned a CoS by another company he can make a change of employment application, there is no cooling-off

Can this one year be as Tier 2 PBS dependent?

Also, in your response above - what do you mean by restricted CoS?
unrestricted CoS is for in-country leave to remain applications, restricted CoS is for entry clearance applications (from overseas). The processes are different

[pankaj21k]

Dear all,

First of all a big thanks to all the contributors who are resolving the queries of confused individuals like me. You guys are doing a great job!

Coming to my question -
I came to UK for the first time in Mar 2008 on Tier 2 ICT. After staying for 2 years, I went out of UK in Mar 2010 and returned back in June 2012. However my earlier visa issued in 2008 was still valid since I got it renewed in 2010 for 3 years. It was subsequently renewed for 3 years again in 2013 which means my Tier 2 ICT now expires in Jan 2016.

I have now got a job offer where the company is willing to sponsor my Tier 2 General visa. My queries are

1) Will I be getting a 3 year Tier 2 General Visa now or would the 6 year cap apply?
2) Will I be eligible for ILR in 2017 if I stay continuously for 5 years - part on Tier 2 ICT and part on Tier 2 General?
3) Any details that I need to take from my current employer before I shift job that might be useful for me in case I apply for ILR after 2 years?
4) Any other risks or issues that you might foresee in my visa processing/ILR perspective (of course barring the possibility of another rule change by the govt!)
Thanks in advance!

[manci]

Dear all,

First of all a big thanks to all the contributors who are resolving the queries of confused individuals like me. You guys are doing a great job!

Coming to my question -
I came to UK for the first time in Mar 2008 on Tier 2 ICT. After staying for 2 years, I went out of UK in Mar 2010 and returned back in June 2012. However my earlier visa issued in 2008 was still valid since I got it renewed in 2010 for 3 years. It was subsequently renewed for 3 years again in 2013 which means my Tier 2 ICT now expires in Jan 2016.

I have now got a job offer where the company is willing to sponsor my Tier 2 General visa. My queries are

1) Will I be getting a 3 year Tier 2 General Visa now or would the 6 year cap apply?
the max leave you can get is 5 years (if the CoS is also for 5 years)

2) Will I be eligible for ILR in 2017 if I stay continuously for 5 years - part on Tier 2 ICT and part on Tier 2 General?
the earliest the 5 year qualifying period can start is 6 months before June 2012 because of the 180 day max absence rule (assuming you had no other absences in the first year)

3) Any details that I need to take from my current employer before I shift job that might be useful for me in case I apply for ILR after 2 years?
yes, confirmation of the purpose and periods of your absences incl. annual leave

4) Any other risks or issues that you might foresee in my visa processing/ILR perspective (of course barring the possibility of another rule change by the govt!)
Thanks in advance!

[pankaj21k]

Thanks Manci for the response. It didn't strike me that the 5 year qualifying period could start 6 months before June 2012 because of the 180 day max absence rule. This means I would be eligible for ILR in Jan 2017 and not wait till June 2017. Good point!

Regarding your advice about taking confirmation from my current employer about annual leaves and absences, I was away from UK for short periods of 2-3 weeks only 3 times in the last 3 years. Wouldn't the pay slips and bank statements suffice to show that I was drawing my salary all the while here? If a letter or some other documentation is mandatory, is there a proforma available or can you guide me on the general information that such a letter should contain? Thanks again.

[manci]

see 245HF-SD/B
https://www.gov.uk/government/uploads/s ... _final.pdf

[vps]

Hi Manci

Please help me with my query in "OCt 14 changes in Rules". Thanks.

[karthikeyan113]

Hi Manci,

I am currently on Tier-ICT Short Term(12 Months), I have got an offer from a Consultant here.
I heard there is a cooling off period of 12 months and I have to go back to Home Country, before I can convert to Tier-e General.
Would it be possible for me to getaway with Cooling off Period ?

What kind of Visa I can apply for ?

Is there any other way ?

Thanks,
Karthik.

[manci]

Hi Manci,

I am currently on Tier-ICT Short Term(12 Months), I have got an offer from a Consultant here.
I heard there is a cooling off period of 12 months and I have to go back to Home Country, before I can convert to Tier-e General.
Would it be possible for me to getaway with Cooling off Period ?
unfortunately not
What kind of Visa I can apply for ?

Is there any other way ?
only as a dependant

Thanks,
Karthik.

[karthikeyan113]

Thanks a lot manci for the response.

Will be able to work if i come as a dependent ?

Cheers,
Karthik.

[manci]

Thanks a lot manci for the response.

Will be able to work if i come as a dependent ?
as a PBS dependant you would be allowed to work without restriction (except as a doctor or dentist in training)

Cheers,
Karthik.

[karthikeyan113]

Thank You..

[alexxx]

Hi everyone,

I'm TIER 2 ICT Long Term Migrant (5 years) and I got from November of 2014 and my idea is that some day I can receive the ILR

I want to know some questions:

1 - Is possible to transfer to TIER 2 General?

2 - Can I apply to change from UK?

3 - If not, exist another way to apply from UK instead to be in my home country?

4 - Some suggestions to get the ILR? I started to like to live in UK and I really want to live here

Thank you in advance

[MK14]

Further to below I have now requested a new CoS number from my employer.

A. Could you please let me know if I can apply online? Link please if possible.

B. About the period of extension. In the link provided by you https://www.gov.uk/government/uploads/s ... _final.pdf
Under section 245GE (b) (v) as below am I eligible to apply for more than 5 years?

(v) No limit, if the applicant:
(1) is applying in the Long Term Staff sub-category,
(2) previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2011 or as a Qualifying Work Permit Holder, and
(3) has not been granted entry clearance in this or any other route since the grant of leave referred to in (2) above.

Great if you could reply asap.

thanks
MK

Okay thanks, changing sponsor is not an option.

I can request a new CoS from my current employer.
no need until shortly before the expiry of your current leave

Which form do I need to use for the extension?
you can apply online or use the paper form. The current form is here but they change from time to time:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

How many years at a time can I extend?
the period of engagement in the CoS which can be up to 5 years

Much appreciate it if you could possibly send a link.
245GD and 245GE in the immigration rules:
https://www.gov.uk/government/uploads/s ... _final.pdf

Tier 2 policy guidance:
https://www.gov.uk/government/uploads/s ... e_v0_6.pdf


Thanks
MK

[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. I understand with the new rule applicable from Nov 2014 I can apply for extension in May 2016 once the present visa is nearing completion, obviously through the same employer through which i got T2 General. 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. Hope this understanding is correct?

1. In case I am again changing employer from present T2 General employer say in Aug 2015 and new employer applies for 5 years COS in T2 General category, will I get the new visa end date as 5 years from application date or will that be capped to June 2016 only as per my present visa end dates?

2. Do I need to stay with the present T2 General employer only for extension in June 2016 and once extended then only can switch employer?

Can you please help me with these 2 queries

Regards

[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. I understand with the new rule applicable from Nov 2014 I can apply for extension in May 2016 once the present visa is nearing completion, obviously through the same employer through which i got T2 General. 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. Hope this understanding is correct?

1. In case I am again changing employer from present T2 General employer say in Aug 2015 and new employer applies for 5 years COS in T2 General category, will I get the new visa end date as 5 years from application date or will that be capped to June 2016 only as per my present visa end dates?
your total stay on T2G is capped to 6 years, i.e. to Sept 20 but you will be eligible for ILR in Sept 19

2. Do I need to stay with the present T2 General employer only for extension in June 2016 and once extended then only can switch employer?
no, you can change sponsor any time with a new CoS and it will not affect the 6 year cap or your eligibility for ILR in Sept 19

Can you please help me with these 2 queries

Regards

[tripaths]

Hi All,

I would like to discuss my visa application case which is pending decision at home office. Would highly appreciate suggestions.

1. I submitted in-country premium service visa application on 20-May-15 at Home Office, Croydon centre.

2. The application is for switch from Tier 2 ICT (long term staff transfer Jun-2012 to Jul 2015) to Tier 2 General Spouse dependent. I was expected to get the decision on the same day but apparently was told by immigration officer that they need to do few enquiries which can take 2 working days. Decision will be posted to my residential address.

3. It has been 2 weeks now and I haven't received any feedback from the Home Office. My application was done by the Employer and their Lawyers haven't heard anything on the application as well. Lawyers told me that they have the facility to contact home office directly but I'm not sure about it. When I called up immigration helpline, I was told that application processing can take up to 8 weeks!!, which is the usual SLA for Tier 2 visa applications.

4. My worry is that the current ICT visa will expire in early July. If my application for visa switch is rejected in July will I be allowed to extend the current ICT - post expiry? By laws it can be extended for 2 more years.

5.Has anyone recently done a similar switch - ie Tier 2 ICT to Tier 2 General Dependent. I understand it's legal and the only route for some of us to continue 'paying taxes (read remain employed) in UK'. In our case, my wife arrived in UK in 2012 on Tier 2 ICT dependent and recently managed to get a Tier 2 General from her employer.

[manci]

@tripaths
4.
if your application is refused after the expiry of your current T2 ICT leave you have 28 days from the date of the refusal to apply for a T2 ICT extension (with a new CoS - make sure your sponsor has an allocation available) or to re-apply for the PBS dependant visa if you can address the reason(s) for the refusal.

[tripaths]

@manci
thanks v much for such a prompt response. I should definitely forward your advise to the HR. Though I'm bit worried of what could be the reason for this delay. My employer has quite a few employees on ICT and HR mentioned that visa extension applications were never delayed in the past.

[manci]

@manci
thanks v much for such a prompt response. I should definitely forward your advise to the HR. Though I'm bit worried of what could be the reason for this delay. My employer has quite a few employees on ICT and HR mentioned that visa extension applications were never delayed in the past.

one more thing to note: if your application is refused after the expiry of your current leave your sponsor will not allow you to continue working until your immigration situation is regularised