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

[manci]

on what date did you first enter the UK as a WP holder>

[Pournima]

Hi Manci,

I came with my husband in Mar 2013 as Tier-2 ICT Long term dependent.
After that i got job offer and I switched to General Tier-2 in Jan 2014.
Now my husband has job offer in UK , the company is ready to give COS and he wants to switch to General Tier-2.

But as he is on Tier-2 ICT Long Term(Issued after Apr,2011) hence he has the 12 month cooling off clause.

Is possible to switch from Tier-2 ICT Long term to General Tier-2 dependent within UK or outside UK?
If yes, then is there any clause/rule which applies if he switches from General Tier-2 dependent to General Tier -2 visa , because he was on ICT long term for some time?
Unfortunately I am going to quit my job and so the COS will be valid till August 2014,
hence we want to avoid the 12 month cooling off period and switch to General Tier 2 ASAP.

Could you please let us the know the best option to do this?

Thanks in advance,

Cheers,
Pournima

[sliver80]

on what date did you first enter the UK as a WP holder>

WP issued 28 Jul 2008, first entered UK on 4 Sep 2008

[t2applicant]

Hi Manci,

Could you confirm that the new immigration rule from April 2014 is correct as you mentioned in one of your earlier post that there is a discrepency in this new rule. HO confirmed that page 43 of the T2 Policy Guidance version 04/2014 is incorrect and will be revised.

"The effect of this change is that for those switching after 5 April 2014 the 6 year limit on total stay will be calculated from the date they obtained their initial T2 ICT leave rather than from the time of the switch which was the case under the pre-April 2014 Immigration Rules."

Please confirm.

Thanks,
T2applicant

[manci]

Dear Manci,

I am living in UK on Tier 1 Visa. Came here in 2011. My wife came at the same time on Tier 2 ICT Visa. She opted for dependent visa in Oct'13. Now when we file our ILR, will UKBA consider her 2 Years spent in UK on ICT Tier 2 Visa as part of 5 years completion in UK?
I know that I will have no problems getting ILR however I just want to know that can my wife get ILR after completing 2 years on ICT Tier 2 visa and 3 years as a dependent of Tier 1 Visa.
unfortunately not, her 2 years under T2 ICT will not count, she will have to complete the 5 year probationary period. For a detailed explanation of the rules see this sticky:
http://www.immigrationboards.com/immigr ... 14832.html

Thanks,
Nachi

[manci]

Hi Manci

Please can you help me with my below query regarding ILR eligibility?

July 2008: Entry Clearance visa issued. It was a Work Permit sponsored by my employer with 24 months validity.
10th May 2010: Latest relevant (for ILR calculation) entry from abroad into the UK using the above Work Permit
June 2010: Applied for leave to remain. This time issued Tier 2 ICT (18 months validity) with same employer
Jan 2012: Applied for leave to remain. This time issued Tier 2 ICT Long Term (18 months validity) with same employer
July 2013: Applied for leave to remain. This time issued Tier 2 ICT Long Term (12 months validity) with same employer

Now in 2014, another employer may be willing to sponsor me on Tier 2 General category.

If they offer me a position and assuming I switch to the new employer, will I be eligible for ILR in May 2015? My understanding is I will be as my 5 year continuous stay by May 2015 includes a period where I held a Work Permit, albeit a brief 1 month only.
from the dates you have given you held a wp for 2 years, not 1 month

The Tier 2 General visa will be issued till June 2016 only I suppose, as it will be 6 years by June 2016 since my initial Tier 2 visa (issued in June 2010)
From the dates above, and since you first arrived in the UK as a wp holder in Sept 2008, it seems that provided you meet the requirements (e.g. absences) you have been eligible to apply for ILR since last year.
Thanks
Sliver80

[sliver80]

Hi Manci

Although first entry was in Sep 2008 but I left the UK in March 2009 and did not make an entry again in May 2010. Hence my ILR eligibility would begin from May 2010. Isn't that right?

Sliver80

[parul aggarwal]

Hi Manci,

From all previous replies on this thread, my understanding is that a person with [b]Tier 2 - ICT Long Term staff Partner [/b] visa issued after April 2013 can switch to Tier 2 General visa but from outside UK and that being a dependent, no cooling off period would apply to this person. Is this right?

With above understanding, it will be great if you could help me with below -

Case - I entered UK last year (May 2013) on Tier 2 ICT long term Staff Migrant, issued for 3 years. My husband accompanied me on Tier-2 ICT Long Term Staff Partner, with similar validity. He eventually found a jon here in UK in September 2013 and has been working with this company since then. He now wishes to switch to Tier 2 General Visa and his company has agreed to sponsor him

1. His company told him that as a part of the sponsoring process, he will have to resign from his current job, go back to India and apply for switching visa from there and then he will have to be onboarded back upon his return. Is it so? Is resigning from current job mandatory to apply for tier 2 general? If he resigns once the company opens his position for RLMT, how long will it take to get the COS? I mean for long will he have to remain without job? Is there no other workaround - like RMLT being done by company or visa application for switch submitted while he is in the job? Resigning is kind of a dangerous risk, because if someone else gets the job when doing RMLT, he will be stuck...!

2. How much time will it generally take him in India to get this visa?

3. If visa gets rejected or job goes away to someone else, is it possible for him to still return to UK as my dependent

4. Given the new rules in place that you have discussed in this thread, how will his 6 years on Tier 2 general be calculated? i.e. May 2013 onwards or form the date he re-enters.

5. Last question, once he returns back with a Tier 2 gen, will i have to later go back to india to switch to his dependent if i want to? Or can I get this done here from UK itself? Will his company have to apply for me or can I do it independently

I have really short time left to take a decision. It will be really helpful if anyone or you can respond to this...

[neoli]

Hi Manci

Thank you for the post. I went through all the discussion and could not get answer to the query that I have. Can you please advice on my query below.

My Tier-2 ICT Long-term Staff Visa was issued on Mar-11. It went through an extension and now my Visa status is Tier-2 (restricted) long term staff till April-15. Now I found a sponsor who is ready to convert my Visa to Tier-2 General. With the discussion I understand that if I convert now to Tier-2 General it will be valid till April-17, however here is my question

After 5 years can I apply for Settlement (aka indefinite leave to remain?)

[manci]

@neoli
unfortunately not because you didn't have T2 ICT leave under the rules before 6 April 2010

[manci]

Hi Manci,

From all previous replies on this thread, my understanding is that a person with Tier 2 - ICT Long Term staff Partner visa issued after April 2013 can switch to Tier 2 General visa but from outside UK and that being a dependent, no cooling off period would apply to this person. Is this right?
yes

With above understanding, it will be great if you could help me with below -

Case - I entered UK last year (May 2013) on Tier 2 ICT long term Staff Migrant, issued for 3 years. My husband accompanied me on Tier-2 ICT Long Term Staff Partner, with similar validity. He eventually found a jon here in UK in September 2013 and has been working with this company since then. He now wishes to switch to Tier 2 General Visa and his company has agreed to sponsor him

1. His company told him that as a part of the sponsoring process, he will have to resign from his current job, go back to India and apply for switching visa from there and then he will have to be onboarded back upon his return. Is it so? Is resigning from current job mandatory to apply for tier 2 general?

It is not necessary for him to resign. While he has valid leave as a PBS dependant the company is allowed to employ him. If he gets paid or unpaid leave from the company, goes to his home country and his T2G application is not successful he can return to the UK and continue his employment under his PBS dependant visa.

If he resigns once the company opens his position for RLMT, how long will it take to get the COS? I mean for long will he have to remain without job? Is there no other workaround - like RMLT being done by company or visa application for switch submitted while he is in the job? Resigning is kind of a dangerous risk, because if someone else gets the job when doing RMLT, he will be stuck...!

he shouldn't resign. An RLMT is valid for 6 months so the company can do it while he is in the UK. If the RLMT turns up a suitable settled candidate the company doesn't have to employ this candidate and your husband can continue working under his dependant visa.

2. How much time will it generally take him in India to get this visa?
once he has the CoS the approx. visa processing times are shown on the UKvisas website

3. If visa gets rejected or job goes away to someone else, is it possible for him to still return to UK as my dependent
yes (see above) and if he hasn't resigned, or the company hasn't dismissed him, he can continue in his employment (or look for another job)

4. Given the new rules in place that you have discussed in this thread, how will his 6 years on Tier 2 general be calculated? i.e. May 2013 onwards or form the date he re-enters.
the 6 years will be from the date he re-enters under T2G. Note that he will be eligible to apply for ILR after 5 years

5. Last question, once he returns back with a Tier 2 gen, will i have to later go back to india to switch to his dependent if i want to? Or can I get this done here from UK itself? Will his company have to apply for me or can I do it independently
you can switch independently to PBS dependant status while in the UK, your employer is not involved in the process, but once you get it you must inform your employer

I have really short time left to take a decision. It will be really helpful if anyone or you can respond to this...

[Jack.Sparrow]

Hi Manci,

Thanks for your valuable information.

Now you need to access my case as well

I was granted T2 ICT on March 2009 which was later extended till April 2014 ... However , i left UK in June 2013 ... and was out of UK throughout my last year of T2 ICT Visa (cant apply for ILR).

Now i have been interviewed by Employer in UK who have already done the market test required for T2 G ... and are willing to sponsor me ... so in my case does cooling off period does not void this specific change ? Can i also get 1 year if granted T2 G ?

If yes, than what is the other way of working in UK ? it seems all door closed
Prompt reply is highly appreciated
Regards,

[manci]

Hi Manci,

Thanks for your valuable information.

Now you need to access my case as well
need?

I was granted T2 ICT on March 2009 which was later extended till April 2014 ... However , i left UK in June 2013 ... and was out of UK throughout my last year of T2 ICT Visa (cant apply for ILR).

Now i have been interviewed by Employer in UK who have already done the market test required for T2 G ... and are willing to sponsor me ... so in my case does cooling off period does not void this specific change ? Can i also get 1 year if granted T2 G ?
your cooling-off period ends in June 14 (12 months after you left the UK) but you must provide evidence that you haven't been back as a T2 migrant during this period.
You can apply for a T2G visa with validity up to 5 years but not longer than the work end date given in the CoS.

If yes, than what is the other way of working in UK ?
e. g. as a dependant of a PBS migrant
it seems all door closed
Prompt reply is highly appreciated
Regards,

[Jack.Sparrow]

Thanks Manci,


So does that mean that "Apr 14 Change in Rules" are not applicable post cooling off period ? Which means that i can work after cooling off period for 5 more years under T2 General category ?

[Vinkish]

hi Mansi,
I need a clarification in below situation:

My husband changed from Tier 2 ICT lts to Tier 2 G this may.
As 6 years cap apply for him his visa is valid only till 2017 and no more extn as 6 yrs will be completed
I am here on Tier G dependent obtained in May 2014 after my husband's visa changed.

Now my employer is fine to sponsor me tier2 General after september.

1.Will cooling off apply to me?
not unless you were in the UK under T2 in the previous year
2.I believe I need to go back to home country and get entry clearance.
yes, and you will need a restricted CoS and RLMT (unless an exemption applies)
How many years of T2G will I be eligible then?
max 6 years total and initially max 5 years or the work end date in the CoS if that is earlier
3.Will my husband be able to shift from t2g from t2g dependant after 2017?
he can switch any time once you have your T2G visa

4.Will his 3yrs t2g and 2 years t2g dependant give him PR eligibility in 2019.
no


Looking fwd for your response.

I am unsure why he will not get ILR in 2019.

Say for example. Now i have switched from Tier 2 ICT dependant to Tier 2 General Main applicant in 2014.
My husband switches from tier 2 ict to tier2 General dependent in 2014.
After an year if my husband gets a sponsor will he be eligible to become main applicant from tier 2 general dependant. In that case , i can either switch to Tier 2 General dependant or continue as main applicant.
In case i become dependant , will my main applicant from 2014 to 2015 and 4 years as dependant till 2019 give me ILR.
Vice versa for him also initially he would be in dependant visa and later be main applicant wont this help in ILR.
If we have to get ILR what change is best.
Please suggest.

regards

[mannarmathai]

Hi Manci ,

I switched from Tier2 ICT established staff in 2013 May to Tier 2 General . I came to Uk initially as ICT Established staff .

I was initially granted 3 Years in Tier 2 General can i renew it again for another 3 years on June 2016 .

Thanks ,
Matha

[gaya3jags]

Hi Manci,

I got my tier 2 ICT visa in Sep 2009 and my first entry was oct 4th 2009.
I was here for 8 months till May 26th 2010.
I again entered UK (with same visa) on Jan 19th 2011 and has been here since then with visa being extended inside UK.
Though there is a total break of 7 months exactly 237 days break,will i be eligible for ILR in Oct 2014?
If we calculate on basis of 12 months relevant period, i found that this 237 days is splitted in to 133 and 107 days accordingly.
2 points i would like to mention here is
1.the break is due to sudden demise of close family member in india(have death certificate as a proof)
2.My Cos is getting expired on oct 2014 and current visa on sep 22nd 2014.

if i am eligible for ILR on Oct 4th 2014,since my visa expires on sep 22nd,can i stay here till oct 5th and apply for ILR

if i am not elible for ILR on Oct 4th 2014, am i eligible for ILR after 18 months?(cont 5 years) if i change my visa category to Tier2 general??

Thanks
JG

[gaya3jags]

[quote="ggggg]Hi Manci,

I got my tier 2 ICT visa in Sep 2009 and my first entry was oct 4th 2009.
I was here for 8 months till May 26th 2010.
I again entered UK (with same visa) on Jan 19th 2011 and has been here since then with visa being extended inside UK.
Though there is a total break of 7 months exactly 237 days break,will i be eligible for ILR in Oct 2014?
If we calculate on basis of 12 months relevant period, i found that this 237 days is splitted in to 133 and 107 days accordingly.
2 points i would like to mention here is
1.the break is due to sudden demise of close family member in india(have death certificate as a proof)
2.My Cos is getting expired on oct 2014 and current visa on sep 22nd 2014.

if i am eligible for ILR on Oct 4th 2014,since my visa expires on sep 22nd,can i stay here till oct 5th and apply for ILR

if i am not elible for ILR on Oct 4th 2014, am i eligible for ILR after 18 months?(cont 5 years) if i change my visa category to Tier2 general??

Thanks
Tttt

[manci]

@gaya3jags
read pages 19-22:
https://www.gov.uk/government/uploads/s ... eriods.pdf
it will be for the caseworker to decide whether the explanation and evidence you submit justifies the 8 months absence on compassionate grounds - make it as comprehensive and detailed as you can.

You can apply for ILR 28 days before the end of the 5 year qualifying period. Apply in any case before the expiry of your current leave on 22/09/2014.

It is OK to choose the time of application so that the 8 month absence is split in two and none of the two periods exceeds 180 days in any of the five one year periods counted backwards from the time of application.

[manci]

Hi Manci ,

I switched from Tier2 ICT established staff in 2013 May to Tier 2 General . I came to Uk initially as ICT Established staff .

I was initially granted 3 Years in Tier 2 General can i renew it again for another 3 years on June 2016 .
unfortunately not as your total leave under T2 cannot be more than 6 years and this is counted from the time of your initial T2 ICT Established Staff leave
Thanks ,
Matha

[waiwai]

unfortunately not as your total leave under T2 cannot be more than 6 years and this is counted from the time of your initial T2 ICT Established Staff leave

I assume you meant 6 years only when switching from T2 ICT to T2 G ? If someone continues to stay on T2 ICT (initial entry as established staff, 2010) then he/she can continue for more than 6 years (with same employer of course) ?

[Ms Shah]

Hello

I have done my Masters in Human Resource Management and Development and I want to switch in Tier 2 I am looking for some companies who can sponsor me if anyone know any good company please let me know and guide me please

[manci]

unfortunately not as your total leave under T2 cannot be more than 6 years and this is counted from the time of your initial T2 ICT Established Staff leave

I assume you meant 6 years only when switching from T2 ICT to T2 G ? If someone continues to stay on T2 ICT (initial entry as established staff, 2010) then he/she can continue for more than 6 years (with same employer of course) ?
yes

[shettyb]

Hello All,

My husband has Tier2 ICT long term staff migrant visa till mid 2016. I have Tier2 ICT long term staff partner visa till mid 2016.Recently I got a job in London.

Questions:
1) If my husband's project gets over before Jan2016, can I still continue with my job.

2) Which other visa types can i convert my visa? Can i convert to tier2 general? Is there any cooling period?

3) Should I go back to my country and apply for tier2 general? How long will it take? What is the cost?

4) Can I request my company to provide CoS to apply for visa conversion? How difficult it is for a company to provide CoS?

5) Can my husband then convert his visa to tier2 general dependent? Is there any cooling period? Can he work in london.

6) Why do companies hesitate to provide CoS? Is it the cost that is involved or some rules that need to be adhered to.

Waiting for your reply.

[manci]

Hello All,

My husband has Tier2 ICT long term staff migrant visa till mid 2016. I have Tier2 ICT long term staff partner visa till mid 2016.Recently I got a job in London.

Questions:
1) If my husband's project gets over before Jan2016, can I still continue with my job.
no, your PBS dependant visa is tied to your husband's. If his leave is curtailed so will yours be.

2) Which other visa types can i convert my visa? Can i convert to tier2 general? Is there any cooling period?
you can apply for T2G entry clearance from home country if you have a restricted CoS - no cooling off

3) Should I go back to my country and apply for tier2 general? How long will it take? What is the cost?
processing times and visa fees vary and are on the gov.uk website

4) Can I request my company to provide CoS to apply for visa conversion? How difficult it is for a company to provide CoS?
if they are licenced sponsors they can apply for a restricted CoS for you. Applications received by the 5th of a month are decided on the 11th of the same month

5) Can my husband then convert his visa to tier2 general dependent? Is there any cooling period? Can he work in london.
he can switch from within the UK to become your dependant , no cooling-off

6) Why do companies hesitate to provide CoS? Is it the cost that is involved or some rules that need to be adhered to.
because they have to get a sponsor licence in the first place and even if they have one it is simpler to employ settled staff, if they can find staff of suitable quality, as they are not subject to HO control and don't need extra administration

Waiting for your reply.