Switch employers

[SAP Netweaver]

Dear Experts,

I want to have an understanding about switching employers for an employee having company sponsored visa in UK.

Let me describe the scenario first. I came in Uk for an MNC on Nov 2010 on Tier 2 ICT-established stuff visa for 2 years. On completion of my tenure, I was offered a permanent position by the same organization's Uk branch and visa category was moved to Tier 2 ICT- Long term leave to remain. I was provided a visa under this category for 2 yrs i.e till November 2014. (Please note I applied for this Tier 2 ICT- Long term leave to remain visa from UK itself)

Last month I have gone through a visa extension process and my visa has been extended till November 2017.

Now recently, I have been contacted by a different organization and discussions are in progress for a new permanent job role.

My questions are below:

1) How will the switching of employers take place under these circumstances ?
2) Will my newly extended visa needs to be cancelled and my new employer will have to file a new visa on my behalf?
3) If my new employer has to file a new visa for me, do they need to file a Tier 2 ICT- Long term leave to remain visa or now they need to file a Tier 2 General ?

My questions might be very naive but your expert opinion will be of great help.

Best regards.

[manci]

Once you agreed the job offer with the new employer, and assuming they are T2G sponsors, they should assign a T2G CoS to you with the work start date sufficiently ahead to allow for the notice period to be served in your current job. When you have the CoS apply for leave using the premium or priority service and once your application is granted give notice. You are allowed to work in your current job until the work start date in the new job.

Your current leave will be superseded by the new one.

[SAP Netweaver]

Hi Manci,

Many thanks for your reply. Now I have an understanding about switching employers and the subsequent steps I need to follow.

However, I have a different concern now. I was going through one of your posts about change in rule when a person switches from tier 2 ICT to T2G. Please refer below:

"There has been a change in the revised April 2014 Immigration Rules that went largely unnoticed and will affect those who had T2 ICT leave before 6 April 2011 and wish to switch to T2 General. This change has not been highlighted in the Explanatory Memorandum to the 13 March Statement of Changed (HC1138).

The new April 2014 Immigration Rule 245HE(a)(iv) has the term "Tier 2 Migrant" in it whereas the corresponding term under the previous rules would have been "Tier 2 (General) Migrant"

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."

Could you please provide some insight on how this new rule will affect my situation if I switch from T2ICT to T2G?
Does this imply, if I move to my new job with a T2G, I can only work for 2 more yrs? (as I have already spent 4 yrs in UK in T2ICT)

Please note I had T2 ICT leave before 6 April 201.

Best regards.

[manci]

The Apr 14 change is being superseded by the new Oct 14 rule change which comes into force on 6 November. See:
http://www.immigrationboards.com/uk-tie ... 74306.html

[SAP Netweaver]

Thank you, that's a relief. Your expertise was of great help. Much appreciated.