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Qs about Start date in CoS for changing from T2-ICT to T2-G

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ganeshkl123
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Qs about Start date in CoS for changing from T2-ICT to T2-G

Post by ganeshkl123 » Sun Aug 10, 2014 11:33 am

Hi, I am in uk on T2 ICT (Long Term Staff), first entry in UK in Nov 2009, with in-country extension of visa valid till Feb 2015. I am changing job and prospective employer has agreed to sponsor new CoS for T2 General. Contractually, I am required to serve 12 weeks notice with my current employer but I am hoping to negotiate 8 weeks of notice. I read several postings on this site, but still have a few questions, would be grateful if experts here can give guidance on on the following:

a. Prospective employer to apply for CoS. I need to provide start date to put it in the new CoS. I will consider the 8 weeks notice period for calculating this date.
b. I will then apply for new BRP (planning for same-day service).
c. Assuming my application is approved by UKBA, I will then serve notice to my current employer.
d. I will join the new job after completion of notice period.

My questions are as following:
1. Is my understanding of the process above is correct? Any important step I missed?
2. Do I qualify for ILR? From what I have read so far, I think I qualify but still want to confirm.
3. In case my current employer does not agree for 8 weeks notice and insists on a 12 weeks notice, can the start date mentioned in CoS be changed after new BRP application is approved to allow me to serve the full 12 weeks notice?
4. In case my current employer agrees for a shorter notice period hence allowing me to be free to join the new job earlier than the start date on CoS or the start date on new BRP, will I be allowed the gap between the two jobs, or do I have to have end date of old job and start date of new job with no gap?

Please help me. Thank you/ --- Gan

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Qs about Start date in CoS for changing from T2-ICT to T

Post by manci » Sun Aug 10, 2014 5:50 pm

you will be eligible to apply for ILR in a couple of months time (Oct 14). Make sure that if you switch to T2G your new employer, and if you don't switch your current sponsor, will be prepared to certify that they still require you for your job and also that you are paid the appropriate salary as per the codes of practice.

If you switch you will only get leave to remain for approx.1 more year.

ganeshkl123
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Posts: 5
Joined: Sun Aug 10, 2014 8:12 am

Re: Qs about Start date in CoS for changing from T2-ICT to T

Post by ganeshkl123 » Sun Aug 10, 2014 8:06 pm

Hi manci, thanks very much for the prompt reply. I did not understand your last sentence "If you switch you will only get leave to remain for approx.1 more year". Does it mean that I am likely to get visa that is valid only for a year or so? In that case, will I be allowed to continue to live and work in the country once I apply for ILR in Oct 14?

thanks again for your response and will be grateful if you could clarify this as well.
Regds, Gan

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Qs about Start date in CoS for changing from T2-ICT to T

Post by manci » Sun Aug 10, 2014 9:30 pm

if you switch to T2G your stay in the UK will be limited to 6 years counted from your initial T2 ICT visa which I assume was issued sometime in the autumn of 2009. However, between Oct 14 and that date (autumn of 2015) there is an approx. 1 year window during which you will be eligible to apply for ILR and if you are successful you will be free from immigration control.

ganeshkl123
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Posts: 5
Joined: Sun Aug 10, 2014 8:12 am

Re: Qs about Start date in CoS for changing from T2-ICT to T

Post by ganeshkl123 » Mon Aug 11, 2014 6:58 am

hi manci, thanks a lot for the clarification.

It will be great if the experts commented on my other queries about dates. thanks.

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