Tier 2 ICT Visa expiration and options

[mashaka]

Experts, my husband and I are both US citizens and approaching 5 years on our Tier 2 ICT visa in Jan 2017. We are both employed independently and have our own practically identical Tier 2 ICT visas expiring with 2 weeks of each other and also an infant dependant son born in the UK. We have permanent positions in a large global organization, both have been with the company for 10+ years and have no specific contract expiration.

Unfortunately, as far as I understand, we have to leave the UK for a cooling off period and sadly don't have other options (our salaries are less than £153,000, we can't invest millions into UK economy and don't have ancestors in the UK).

I'm not very clear on what we should expect to happen on Jan 2017. Will our employment be simply terminated? What is our employers responsibility? Will they be required to help us transfer back to the US? If not, will we be eligible for a package, since it's not our choice to leave the company? What happens if I'm pregnant or on maternity leave at the time when our visas expire? Basically trying to understand the law, so we are best prepared to negotiate. Thank you!

[Petaltop]

Unfortunately, as far as I understand, we have to leave the UK for a cooling off period and sadly don't have other options (our salaries are less than £153,000, we can't invest millions into UK economy and don't have ancestors in the UK).

I'm not very clear on what we should expect to happen on Jan 2017.

The UK gave you an end date in your visas and expects you all to leave by the time your visas expire.

Will our employment be simply terminated? What is our employers responsibility? Will they be required to help us transfer back to the US? If not, will we be eligible for a package, since it's not our choice to leave the company?

What did you arrange with your employers when you agreed to go to the UK on temporary visas?

What happens if I'm pregnant or on maternity leave at the time when our visas expire?

That won't help you stay in the UK if that is what you hoped? Your free NHS cover ends with your visas. You will need to be aware of when you will need to fly by if you are pregnant. Overstaying won't help if you were hoping to get visas to the UK again after your 12 month cooling off period.

[mashaka]

Petaltop, many thanks for your reply!
I do understand that from a UK immigration standpoint we have to leave and not trying to stay longer per se.
However, I need to understand what my employer is responsible for (if anything). The manager who transferred me to the UK in 2011 is no longer with the company, I haven't discussed this with my current management. As I said, my position is permanent and I don't have any contract expiring. Before I bring this up with HR I need to understand what my rights are here (if any) and also have to plan ahead.

[physicskate]

Petaltop, many thanks for your reply!
I do understand that from a UK immigration standpoint we have to leave and not trying to stay longer per se.
However, I need to understand what my employer is responsible for (if anything). The manager who transferred me to the UK in 2011 is no longer with the company, I haven't discussed this with my current management. As I said, my position is permanent and I don't have any contract expiring. Before I bring this up with HR I need to understand what my rights are here (if any) and also have to plan ahead.

Legally speaking, this has nothing to do with immigration law... perhaps employment law, but even then, I somewhat doubt it. As you hold Tier 2 ICT, presumably there is the company you worked at before you transferred to discuss this with?

You cannot hold a permanent position on a temporary visa. It is illogical.

You will need to leave the UK by your visa expiry date.

[vinny]

See also 245GD.

[mashaka]

Hi Vinny, thank you for the link. What exactly should I be looking for? I'm not an expert and there is so much info there!