Tier2 ICT to Tier2 ICT and Tier 2 Gen

[Ram_UK]

Hello ,

Can someone help with the below scenario.

I have a Tier 2 ICT - Long Term Staff [Valid for 3 years from April,2014] - VISA Sponsored by an Employer A from UK.

Below are my queries.

1. Will i be able to move to another employer B with the same ICT without cooling off period and in country ? if i can join employer B, how would i go about it ?

2. Employer A says after 3 Years he will be doing a Tier 2 General for me ? is this possible ? [In-country/and says No Cooling off applies from Tier 2 ICT to Tier 2 Gen, if it was the same employer]

It would be of great help if some one could let me know what could be done, so i can plan acordingly. Really in need of this info.

Thank you.

[t2ict]

1. Not possible. You should have worked with employer B or any employer for a min. of 1 year payroll to process ICT visa, as per the home office rules.

2. In your case (Tier 2 ICT - Long Term Staff [Valid for 3 years from April,2014]), you can't change from ICT to General visa without cooling-off. You have to have 12 months cooling off period as per the home office rules. No work-around available.

[Ram_UK]

Thanks a lot t2ict.

t2ICT from employer A to B is like a transfer, just the change in the CoS, do we need a cooling off for 12 months that way ?

So i cant switch to t2G without a cooling off period. By switching my employer or without switching and staying with the same employer, is that right ?

Thank you.

[t2ict]

1. For processing T2 ICT visa, you are required to be in the employer's payroll for a minimum of 12 months period. You can't transfer your ICT visa and should ONLY work with the employer who had sponsored your ICT visa. (it's like L1 visa in USA). If you change employer, again the new employer have to process new ICT visa and also you're required to be in the employer's payroll for a minimum of 12 months.

2. YES

[Ram_UK]

Thanks a lot, t2ict.

So there is no way i can get an ILR, with the new rules from Apr,2014.

Using T2G, since i would have spent my 3 years on T2ICT and only T2G will be approved only for next 3 years. [Ceiling 6 years limit would be attained already]

[rajsin]

1. The rules changed on 6th April 2011. As per new rules individuals who entered the UK under T2ICT will no longer be eligible for ILR. The actual purpose of T2ICT is to come to the UK share or gain knowledge with the workforce already in the UK and then leave the country.

2. Because you entered the UK under T2ICT after 6th April 2011, you are NOT eligible for ILR (5 years ILR route). All the time you spent in the UK under T2ICT will NOT be counted towards ILR (5 years ILR route). You can stay in the UK for a maximum period of 5 years with the same employer only and then have to leave the UK and server a 12 month cooling off period before reentering under T2G or T2ICT category.

3. You can only switch to T4 (Student visa) or a T2 dependent visa within the UK.

4. if you manage to live in the UK for a period of 10 years (legally) by switching to relevant visa categories, then you may be eligible for ILR under the 10 year route.

[Ram_UK]

What happen to the T2G 5 year route. On top of it - As of April 6 2014, there is ceiling of 6 years max that applies to Tier2 [ICT/|General | or whatever].

1?
So i wanted to know if i compelte my 6 Years or 5 years on T2Gen and T2ICT, then i can never enter... UK Again.
Or
I cannot follow any 5 year ILR route and the only option is to go thru 10 Year route i guess.

2.? What happens to T2G 5 year route, am i eleigible or is there a way of getting to it. ?

[rajsin]

What happen to the T2G 5 year route. On top of it - As of April 6 2014, there is ceiling of 6 years max that applies to Tier2 [ICT/|General | or whatever].

1?
So i wanted to know if i compelte my 6 Years or 5 years on T2Gen and T2ICT, then i can never enter... UK Again.
Or
I cannot follow any 5 year ILR route and the only option is to go thru 10 Year route i guess.

2.? What happens to T2G 5 year route, am i eleigible or is there a way of getting to it. ?

You do realize that T2G and T2ICT are 2 different visa categories right?

if you are already on T2G then after living in UK for 5 years you will be eligible to apply ILR.

If you are on T2ICT (rules after April 2011) then after living in UK for 5 years you have to go back to your home country and serve a 12 month cooling off period before reentering UK on T2G or T2ICT categories.

You cannot switch from T2ICT to T2G inside the UK. That means after 3 years on T2ICT you cannot switch to T2G. The only option you have is to extend you current visa (T2ICT) for 2 more years. if you wish to change to T2G then you have to go back to your home country serve a 12 month cooling off period and then get an entry clearance under T2G category.

Does this make it clearer?

[rajsin]

Have a look at this link

http://www.davidsonmorris.com/dmblog/20 ... -migrants/

[rajsin]

2. Employer A says after 3 Years he will be doing a Tier 2 General for me ? is this possible ? [In-country/and says No Cooling off applies from Tier 2 ICT to Tier 2 Gen, if it was the same employer]
Thank you.

Clearly your employer has no knowledge of UK visa rules and restrictions

[Ram_UK]

Thanks a lot, rajsin.

One last question, As per new rules with Tier2 Apr 2014, looks like there is a ceiling of 6 Years or 5 Years on the Tier2 VISA Segment.

So as per ceiling rules even if i had go thru the cooling period, my T2G will be approved only for one year right ?

Since i would have spent 5 year on my T2ICT ?

[rajsin]

Time spent on T2ICT is not at all related to duration of T2G. A new 5 year clock will start when you change to T2G. the max duration of T2G and T2ICT is 5 years 14 days. not sure from where you caught the 6 years bit?

[t2query]

Hi t2ict,

I had Tier 2 ICT issued in May 2010 which was in the Established Staff category. This was extended in the UK in year 2012. The extended visa (ICT Long Term category) expired in April 2014. Now I am not in the UK. In my case is the cooling-off period of 12 months applicable if I want to come back to the UK in Tier 2 General category.

Thank you.