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

[LeoWork11]

Hi Manci,

With regards to switching from Tier 2 ICT visa issued after 6th of April 2011, I had some queries which I would really appreciate your help with, apologies for the long message:

1. Is it correct that If I have been issued a Tier 2 ICT visa sponsored by my company and issued after the 6th of April 2011, I will have to leave the UK after completing stay of 5 years in the UK for a cooling-off period of 12 months and can only come back to the UK after expiry of those 12 months?

2. However, if my spouse has a Tier 2 General visa sponsored by her employer, I can become her dependant without going outside the UK and wont have to go outside the UK for the 12 month cooling off?

3. Once I become her dependant within the UK and stay as a dependant for 12 months in the UK, after that I can go to India and get my own Tier 2 General (subject to my company's sponsorship) and enter UK without any cooling off?

4. Lastly, and more importantly, if my gross salary is £155k or more, i will not have to leave the UK for any cooling off and can just convert to a Tier 2 General visa by going to India and immediately returning to the UK without any cooling off (assuming my employer provides a CoS). If this is correct, the term "gross salary" includes any discretionary bonus or is purely "base salary"?

Again, apologies for the long message, just wanted to expand and clarify as best. Thanks for looking in to this and look forward to receiving your response.

[NANZ]

Hi Manci,
I'm in the UK on Tier 2 ICT for the last 3 years. We arrived on 22nd April 2012. My wife's been working on Tier 2 dependent visa. She is now getting an option to switch to Tier 2 General and I appreciate that she will need to do this from the home country.
1. If my wife switches to Tier 2 General and I switch to Tier 2 General dependent before we complete 5 years on Tier 2 ICT - would we need to serve the cooling-off period when we complete 5 years on the current Tier 2 ICT in April 2017 or can we stay in the UK for longer as we would be in ICT G then ?
2. If we are able to stay for longer, when should we be able to apply for ILR

Many thanks in advance.

[LeoWork11]

Hi Manci,

Apologies for this but wanted to check if you were able to look through my questions, your help and advice is very valuable and is most appreciated. Sorry for bothering you with this, I have repasted my questions below and will appreciate your help and response.

+++++++++++++++++++++++++++++

With regards to switching from Tier 2 ICT visa issued after 6th of April 2011, I had some queries which I would really appreciate your help with, apologies for the long message:

1. Is it correct that If I have been issued a Tier 2 ICT visa sponsored by my company and issued after the 6th of April 2011, I will have to leave the UK after completing stay of 5 years in the UK for a cooling-off period of 12 months and can only come back to the UK after expiry of those 12 months?

2. However, if my spouse has a Tier 2 General visa sponsored by her employer, I can become her dependant without going outside the UK and wont have to go outside the UK for the 12 month cooling off?

3. Once I become her dependant within the UK and stay as a dependant for 12 months in the UK, after that I can go to India and get my own Tier 2 General (subject to my company's sponsorship) and enter UK without any cooling off?

4. Lastly, and more importantly, if my gross salary is £155k or more, i will not have to leave the UK for any cooling off and can just convert to a Tier 2 General visa by going to India and immediately returning to the UK without any cooling off (assuming my employer provides a CoS). If this is correct, the term "gross salary" includes any discretionary bonus or is purely "base salary"?

Again, apologies for the long message, just wanted to expand and clarify as best. Thanks for looking in to this and look forward to receiving your response.

[manci]

Hi Manci,

Apologies for this but wanted to check if you were able to look through my questions, your help and advice is very valuable and is most appreciated. Sorry for bothering you with this, I have repasted my questions below and will appreciate your help and response.

+++++++++++++++++++++++++++++

With regards to switching from Tier 2 ICT visa issued after 6th of April 2011, I had some queries which I would really appreciate your help with, apologies for the long message:

1. Is it correct that If I have been issued a Tier 2 ICT visa sponsored by my company and issued after the 6th of April 2011, I will have to leave the UK after completing stay of 5 years in the UK for a cooling-off period of 12 months and can only come back to the UK after expiry of those 12 months?
yes, but only if you want to return under Tier 2

2. However, if my spouse has a Tier 2 General visa sponsored by her employer, I can become her dependant without going outside the UK and wont have to go outside the UK for the 12 month cooling off?
yes, you can switch to PBS dependant status in-country, there is no cooling off

3. Once I become her dependant within the UK and stay as a dependant for 12 months in the UK, after that I can go to India and get my own Tier 2 General (subject to my company's sponsorship) and enter UK without any cooling off?
yes

4. Lastly, and more importantly, if my gross salary is £155k or more, i will not have to leave the UK for any cooling off and can just convert to a Tier 2 General visa by going to India and immediately returning to the UK without any cooling off (assuming my employer provides a CoS). If this is correct, the term "gross salary" includes any discretionary bonus or is purely "base salary"?
this is correct. The threshold is 155.3k gross (i.e. before tax) and only acceptable allowances and guaranteed bonuses can be included in it

Again, apologies for the long message, just wanted to expand and clarify as best. Thanks for looking in to this and look forward to receiving your response.

[LeoWork11]

thanks a lot for this Manci, really appreciate your response and help here. one last question on the topic. in your response to my first question, you say that the cooling off is applicable only if I want to come back under Tier 2, my question is, is there any other category of visa that i can enter UK with, if you can let me know, i can speak to my employer and see if that is a workkeable solution in my case.

please let me know of your views, again really appreciate all your help here.

[manci]

thanks a lot for this Manci, really appreciate your response and help here. one last question on the topic. in your response to my first question, you say that the cooling off is applicable only if I want to come back under Tier 2, my question is, is there any other category of visa that i can enter UK with, if you can let me know, i can speak to my employer and see if that is a workkeable solution in my case.
if your circumstances make it possible you could switch to PBS dependant status (see above), alternatively Tier 1 entrepreneur or investor but these may not be practicable

please let me know of your views, again really appreciate all your help here.

[Prateek01]

Hi All,

I need some guidance regarding switching Tier 2 ICT short term visa to ICT long term visa.

I'm on a ICT short term visa which expires in October 2015, so I'm looking for various options to get my stay extended in UK.

I've read that I can switch to ICT Long term (I hope it's true ?) but I couldn't find enough documents to confirm this, so can anyone point me to the site where I can get relevant details?

Also, I read that the visa can be upgraded to long term before my short term visa expires, is it true?


Thanks

[manci]

Hi All,

I need some guidance regarding switching Tier 2 ICT short term visa to ICT long term visa.

I'm on a ICT short term visa which expires in October 2015, so I'm looking for various options to get my stay extended in UK.
you cannot extend your T2 ICT Short Term Staff visa beyond 12 months which is the max time allowed for this category. If you want to move to T2 ICT Long Term Staff you need a restricted CoS and apply from home country. For this you don't have to wait until your current visa expires.

See the T2 policy guide:

I've read that I can switch to ICT Long term (I hope it's true ?) but I couldn't find enough documents to confirm this, so can anyone point me to the site where I can get relevant details?

Also, I read that the visa can be upgraded to long term before my short term visa expires, is it true?

you cannot extend your T2 ICT Short Term Staff visa beyond 12 months which is the max time allowed for this category. If you want to move to T2 ICT Long Term Staff you need a restricted CoS and apply from home country. For this you don't have to wait until your current visa expires.

See the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf


Thanks

[Riky]

Hi Experts,

I have a weird situation on hand and would appreciate any advice in this regard. I work for Company A in India and was in the UK from 11/2014 to 03/2015 on a Tier2-ICT Short Term visa working on a client project for Company B in the UK. Both Companies A and B are different entities of the same global company.

While in the UK, I was interviewed for a permanent position in Company B and received an offer from them. My Tier2 General COS was approved this week, but then I was informed about the cool-off period for Tier2 visas. I have been given two options,
a. Wait until March 2016 and get Tier2 General visa processed (assuming the offer for employment stands till then), or
b. Apply for ICT-Long Term, but will have to leave the UK after 5 years as this visa does not lead to settlement.

Questions:
1. Will I be able to apply for ICT-Long Term as I would have to resign from Company A to join Company B? As per my understanding if I resign from my current position, I would no longer qualify for an ICT.
2. Assuming this option is feasible, would my spouse be allowed to work on a dependent visa?
3. At the end of 5 years, what options would I have to extend my stay in the country (assuming all immigration rules remain unchanged) ?

[nisum]

Hello,
May I ask what is the best way to get Tier-2 General visa for someone already in UK on Tier-2 ICT Long Term ?
I'm working in UK on Tier-2 LT since Feb 2013.
I gather the only option is to leave UK and apply after 1 year cooling period. Is there any other option apart from that high salary one (£150k+)
What are the chances in near future that the cooling off period may be removed or some other way of gaining employment and residence in UK?
I've got my wife in UK as well as my dependent. Is there any way she could get some kind of work visa and I become her dependent and don't have to leave UK for the 1 yr cooling period (Tier 2 ICT to Tier 2 Gen).

Thanks

[Hari061987]

Hi Manci,

I appreciate your work on clearing the doubts from various minds on UK Immigration. Im sure that this would have helped many to shape and plan their career and life in UK. You are doing a tremendous service. May god bless you with all that you need in your life.

I have a few queries. Im explaining my case below:

Im a Tier 2 ICT short term staff migrant with visa valid till 13-Nov-2015. I came to UK on 15-Nov-2014. I have a dependent with me. My questions are:

1. Can I convert my T2 ICT short term to T2G? If so, Can I do that with an external consultant as my current employer will not do it.
2. Are consultants reliable in their service offering?
3. I only have a short time left. Am I too late in beginning this research? Before when should I process my conversion to T2G (if it possible)?

Please help me to clear these queries.

[poper]

Sorry.. you cannot switch to T2G without a 12 months cooling off period

[Prateek01]

Hi All,

I need some guidance regarding switching Tier 2 ICT short term visa to ICT long term visa.

I'm on a ICT short term visa which expires in October 2015, so I'm looking for various options to get my stay extended in UK.
you cannot extend your T2 ICT Short Term Staff visa beyond 12 months which is the max time allowed for this category. If you want to move to T2 ICT Long Term Staff you need a restricted CoS and apply from home country. For this you don't have to wait until your current visa expires.

See the T2 policy guide:

I've read that I can switch to ICT Long term (I hope it's true ?) but I couldn't find enough documents to confirm this, so can anyone point me to the site where I can get relevant details?

Also, I read that the visa can be upgraded to long term before my short term visa expires, is it true?

you cannot extend your T2 ICT Short Term Staff visa beyond 12 months which is the max time allowed for this category. If you want to move to T2 ICT Long Term Staff you need a restricted CoS and apply from home country. For this you don't have to wait until your current visa expires.

See the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf


Thanks

Thanks Manci

[nigamabhishek]

Thanks for sharing.
So it no longer makes sense for people with Tier 2 ICT before Apr 2011 to switch jobs. Their stay would be capped with no provision of ILR (which was possible prior to these rules by spending 5 years in Tier 2 General).

Also, in such a case, the option for people with Tier 2 ICT before Apr 2011 to switch into Tier 2 General (available as per the rules) will become meaningless by Apr 2017 as they would have spent 6 years in UK.

I have a similar case:

I am working on Tier 2 ICT Short Term Visa (1 year) which will expire on 8-November-2015. Can I join any company in the UK during this period? I have following doubts:
1) I mean can I switch to Tier 2 general visa and continue to work with another company?
2) Do I need to back to India and will have to serve 12 months of cooling period?
3) If I go back to India and then get an opportunity (sponsorship), is it legally possible to join in UK (will cooling period with apply or not?)
Please advise. It will be really helpful.

[anonymous33]

Hi,


I have a question regarding Tier 2 ICT Migrant Visa and would appreciate a quick response.

My Husband came to UK on a tier 2 ICT Migrant Visa on 15th Oct 2010 which was initially granted for 3 years.Below are the details:

Visa: Tier 2 ICT Migrant

Valid from 18/9/2010 to 30/10/2013

The visa was extended in Oct 2013 for another 2 years i.e till 30/10/2015.

are we eligible to apply for ILR before the current Visa expires? i.e Oct 2015?

his visa was issued between April 2010 - August 2010, so I am not sure if we can apply for ILR

if the answer to the above question is no, then can his existing Tier 2 ICT migrant visa be extended by his employer?
How many times more can his visa be extended?


Thanks in advance.

[anonymous33]

Hi Manci,

Could you please let me know if my Husband's visa can be extended in case we are not eligible to apply for ILR.

I would be grateful to you if you could let me know. Thanks.

Regards,

Anonymous

[enb123]

Dear Manci,

Could you please help me on the below please.
I came to UK on Mar2011 on Tier 2ICT, and I have been staying here continuously, my current ICT visa is going to expire in apr2017. Now I am planning to switch to Tier 2 General ,and I am getting 38K at present on ICT visa, and the new employer(Tier 2 G) is offering me 33K.
In the process of switching to Tier 2 General do I need to get the same salary as I am getting on Tier2ICT?

Request for your kind help please.

Regards.
Sam.

[manci]

Dear Manci,

Could you please help me on the below please.
I came to UK on Mar2011 on Tier 2ICT, and I have been staying here continuously, my current ICT visa is going to expire in apr2017. Now I am planning to switch to Tier 2 General ,and I am getting 38K at present on ICT visa, and the new employer(Tier 2 G) is offering me 33K.
In the process of switching to Tier 2 General do I need to get the same salary as I am getting on Tier2ICT?
no, not necessary but the min salary should be as per code of practice for the SOC code of your new job

Request for your kind help please.

Regards.
Sam.

[enb123]

Dear Manci,
Thanks a ton, much appreciated for your kind support and time.

warm Regards,
sam.

[mkojha]

Hi,

I have the tier 2 general long term 5 yr visa granted by home office for my next employer from 9th Sept 2015 to 14 Sept 2020 through priority service on 9th Sept itself. I received the BRP card after 2-3 days mentioning the dates. This was a switch from t2g to t2g. I tendered my resignation with prev employer and negotiated for the end date to be 30th Oct. My joining in new organisation is from 9th Nov. Is there any problem if I extend the joining further by a week and join on 16th Nov in between jobs or there are only certain number of days by which i need to join? please help.

Thanks