Tier 2 ICT to Tier 2 General Transfer

[suvendu_mandal]

Hello Team,

I am here in the UK on Feb-2011 with Tier 2 ICT Established Staff (Sponsored by my current employer) visa which was valid for 2 years (Till Jan-2013).
After living in the UK for 6 months (Feb-2011 to July-2011) I went back to India.

On the same visa, I came again in the UK on May-2012 and living here continuously till now. My employer is extending my visa.

My wife joined me on a dependent visa on June-2012. My son born in the UK on July-2015 and currently is on dependent visa.

Problem:
1. I have cleared a job interview with a UK based company and they initially agreed to sponsor/transfer Tier 2 General visa if my current visa (Tier 2 ICT) permits without leaving the UK. But the immigration lawyer of that new company is saying now that they cannot transfer to Tier 2 General visa as to get the General visa I have to go back to my home country.

Queries:
1. Is it possible to transfer my Tier 2 ICT visa to Tier 2 General visa?
2. If it is possible (raised in query number 1) then do I need to go back to my home country to transfer the visa?
3. Is it possible to transfer the dependent visas of my wife and child from the Tier 2 ICT Dependent visa to Tier 2 General Dependent visa?
4. If it is possible (raised in query number 3) then do they need to go back to their home country to transfer the visa?


Requesting your expert advice on this, please. Also, it would very helpful if you can point me to any UKBA documents with Clause Numbers to justify your answers.

The new company will consider my case if I can justify that I don't have to go back to home country to transfer my Tier 2 ICT visa to Tier 2 General visa.

Thanks,
Suvendu

[CR001]

uk-tier-2-employer-sponsored-visas/swit ... 88997.html

245HD(c) applies...

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

So,
1. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or
2. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011,

then switching is allowed.

1. Ask the lawyer what rule states you are not able to switch within the UK???

2. If you leave the UK to apply, you are automatically subject to the 12 month cooling off period before you can apply for a Tier 2 General visa. Again, ask the lawyer which immigration rule he is referring to given that you were granted a visa before 6th April 2011 in a qualifying category that allows switching within the UK.

3. There is no requirement for them to apply for dependent visas when you do, provided they still have valid visas. uk-tier-2-employer-sponsored-visas/when ... 98586.html

4. No, not for PBS Dependent visa applications.

[suvendu_mandal]

Thanks for the details.
As per 245HD(c) I am eligible to switch within the UK.
But I found another document (Tier_2_Policy_Guidance_11_2018) mentioned below.
https://assets.publishing.service.gov.u ... 1_2018.pdf

In this document, there is a section "Applications for entry clearance or switching into Tier 2 (General)".
Point number 65 on Page 21.
How it this clause will impact the switch from T2ICT to T2G?

Thanks,
Suvendu

[CR001]

Point 65 - what is your query or lack of understanding?? I don't understand your point of reference to this para.

[suvendu_mandal]

Point 65 - what is your query or lack of understanding?? I don't understand your point of reference to this para.

In the below document there is section "Applications for entry clearance or switching into Tier 2 (General)".

https://assets.publishing.service.gov.u ... 1_2018.pdf

In this section the Point 65 says below:

"If you are applying to work in the UK, the Certificate of Sponsorship must confirm that the
job is at RQF level 6 as stated in the codes of practice or, in a creative sector occupation,
skilled to RQF level 4 as listed in the Tier 2 Sponsoring Guidance, or the appears on the
Shortage Occupation List (SOL). In order to be on the SOL, the most highly-skilled jobs in
an otherwise lower skilled occupation code can be raised to RQF level 4 in order to qualify.
For example, SOC 5434 Chefs are RQF level 3, but those which qualify for the SOL are
recognised at RQF level 4. The SOL lists the requirements for this which are set out in
Appendix K of the Rules. This does not mean that you must be educated to this level; it
means that the job is at that level. The Certificate of Sponsorship must also confirm that
you will be paid at or above the appropriate rate for the job. These requirements are set
out in Appendix J and the Tier 2 Sponsoring Guidance on gov.uk.
"
Query: Will the above section override 245HD(c) ?

Thanks,
Suvendu

[CR001]

I still don't understand what point in particular in the paragraph is concerning you??

Note also that the Immigration Rules are what is important and NOT guidance notes.

[suvendu_mandal]

I still don't understand what point in particular in the paragraph is concerning you??

Note also that the Immigration Rules are what is important and NOT guidance notes.

Many Thanks.

Just checked the eligibility criteria in Gov UK and found this.

https://www.gov.uk/tier-2-general/switch-to-this-visa
Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD.

It says visa should before 6th April 2010, NOT 2011.
Do you have any reference or any clause in the below document which says I am eligible to transfer my visa.
https://assets.publishing.service.gov.u ... 1_2018.pdf


Thanks,
Suvendu

[CR001]

Stop looking at the guidance notes and HOs snap shot web page for Tier 2 and read the Immigration Rules that I have already posted. It is the immigration rules the determine things and what HO follow, not 'guidance notes'.

[CR001]

See also page 43 of the Tier 2 Caseworking Instructions.

https://assets.publishing.service.gov.u ... -v31.0.pdf

Switching into Tier 2 (General) from Tier 2 (Intra-company transfer) (ICT))
You must not switch a person into Tier 2 (General) from Tier 2 (ICT) unless the
migrant has, or was last granted leave as a Tier 2 (ICT) migrant under the rules in
place before 6 April 2011 and is applying to change sponsor.
Tier 2 (ICT) migrants granted entry clearance under the rules in place on or after 6
April 2011 cannot switch into Tier 2 (General).

[suvendu_mandal]

Many thanks for your help. Immigration lawyer agreed with your view and decided to proceed with my case.

Just a final question.

If I transfer my visa from T2ICT to T2G then will I be eligible for 10 yrs long term ILR on May-2022? (May-2012 to May-2022)
Or the time I have already spent in UK will reset?

Thanks,
Suvendu

[CR001]

All visas count towards long residence ILR.

Do you have dependents in the UK??

[suvendu_mandal]

All visas count towards long residence ILR.

Do you have dependents in the UK??

Yes, I have.

My wife is with me in the UK continuously from Aug-2012 and my son was born here on July-2015.
Any suggestions?

Thanks,
Suvendu

[CR001]

My wife is with me in the UK continuously from Aug-2012

When does her current visa expire??

and my son was born here on July-2015.

A UK born child can apply to register as British on form MN1 once EITHER parent is granted ILR.

[suvendu_mandal]

My wife is with me in the UK continuously from Aug-2012

When does her current visa expire??

and my son was born here on July-2015.

A UK born child can apply to register as British on form MN1 once EITHER parent is granted ILR.

When does her current visa expire??
- July 2020 (It is now aligned with my T2ICT visa)

[CR001]

If she has a visa valid till at least August 2022, she can apply for ILR long residence on her own.

[suvendu_mandal]

If she has a visa valid till at least August 2022, she can apply for ILR long residence on her own.

As per my understanding, if I switch my visa from T2ICT to T2G by this year then she does not need to change her dependent visa till Aug-2020. Am I right?

After Aug-2020, I need to apply the dependent visa for my wife and child which will align with my T2G. Right?

Then only we three can think about ILR. Correct?

[CR001]

As per my understanding, if I switch my visa from T2ICT to T2G by this year then she does not need to change her dependent visa till Aug-2020. Am I right?

After Aug-2020, I need to apply the dependent visa for my wife and child which will align with my T2G. Right?

Then only we three can think about ILR. Correct?

Correct but if her visa expires in July 2020 as your previous posts says, she must apply for a PBS Dependent visa before it expires, not in August 2020.

- July 2020 (It is now aligned with my T2ICT visa)