Tier2 ICT to Tier2 G visa and employment

[VenkatSwamy]

Hi,

I came into this country in nov 2010 under tier 2 ICT. I am looking for settlement i.e ILR.could you please let me know how can i switch to T2G and when i can resign from the current company.

would there be any issue at the time of resigning with Visa?

I came with my wife and child.

what are the visa i can switch and best route for ILR.

Please suggest.

Regards,
Venkatesh

[manci]

you are eligible to switch to T2G at any time but you can only get leave to remain in the UK until Nov 2016 (6 years from your initial T2 leave), i.e. unfortunately you will not become eligible for ILR by switching.

[VenkatSwamy]

Thanks Manci..but wont my 6 years will be counted for ILR. and will i get visa for 3 years what would be an alternate route for get an settlement.

[manci]

your time on T2 ICT does not count for ILR on the 5 year route because it didn't include leave under the pre-April 2010 rules.

If you stayed on T2 ICT you would be eligible for ILR in Nov 2020 under the 10 year (long residence) rules.

If you returned to home country, and after the 1 year cooling-off period, you could apply for a T2G visa if you have a restricted CoS and under current rules you would then become eligible for ILR 5 years after your arrival in the UK (but that would also be around 2020)

[VenkatSwamy]

Thanks for the reply manci.if i switch from T2ICt to Tier2 G and stay for 5 years then i can get an ILR after completion of 5 years on T2G without going back.

also how long I can stay with Tier2ICT?

Regards,
Venkatesh

[manci]

Thanks for the reply manci.if i switch from T2ICt to Tier2 G and stay for 5 years then i can get an ILR after completion of 5 years on T2G without going back.
already answered, see above

also how long I can stay with Tier2ICT?
indefinitely if you have a new CoS for each extension

Regards,
Venkatesh

[VenkatSwamy]

According to https://www.gov.uk/tier-2-general/switch-to-this-visa

How long you can stay
You can stay in the UK for up to 5 years after switching to a Tier 2 (General) visa.

is this rule not valid if so i can stay for 10 years under combination of thsi visa.

[t2ict]

According to https://www.gov.uk/tier-2-general/switch-to-this-visa

How long you can stay
You can stay in the UK for up to 5 years after switching to a Tier 2 (General) visa.

is this rule not valid if so i can stay for 10 years under combination of thsi visa.

Read this below thread carefully and it seems there are new rules in place from 06 april 2014.
http://www.immigrationboards.com/uk-tie ... 62559.html

[t2ict2011]

Hi Manci

Apologies not challenging your expertise (I am in the same boat, trying to find a route for ILR)
The new Tier 2 guidelines (published July 2014) has Tier 2 (General) mentioned. Couldn't there be an error in statement of change document?

https://www.gov.uk/government/uploads/s ... ssible.pdf

Which shall be considered as source of truth?

[manci]

The Immigration Rules are the law - 245HE(a)(iv). The discrepancy between the IR and the T2 policy guidance has been pointed out to the HO who said they will revise the policy guidance. However, they haven't done so in the 07/14 issue. This is what they said recently:

"We are reviewing this for a likely update in the autumn."

[VenkatSwamy]

Is that rule not effective because i could not see in the .gov site and when enquired with UKIBA they said whatever is mentioned in the site is applicable.they are not aware of the rule you mentioned.

could you please clarify?

[t2ict2011]

Hi Manci

I checked with one of the consultancy firm, they recently (in May) a guy shifted Tier 2 General and got visa for 3 years taking his over all stay in UK above six years.
Not sure if this new rule is enforced or would be enforced later.

Cheers

[VenkatSwamy]

Hi Manci,

When would the new rule be applicable?

Regards,
Venkatesh