Tier 2 Visa questions

[clemenm]

Hi I am an Australian currently on a Tier 2 employer sponsored Visa that started Dec 2010. I was transferred internally from an Australian company into its subsiduary in the UK so it is an intra company transfer I believe.

My questions are as follows, I have looked on the home office website but the answers are difficult to find easily or there appears to be multiple answers....

1. How long can this VISA be extended for to its maximum?

2. If i were to leave this company and work for a new employer that sponsored me, does this reset the amount of time I am allowed to stay on a tier 2 VISA? i.e. if I stayed 2 years with my first employer then moved to another employer on a tier 2 does my length of stay start at zero again and I am allowed to stay a longer total time?

3. What are my options to stay for a longer period of time on this tier 2 VISA once I reach the maximum stay? Can I move onto any other VISA types or can I do anything else?

Many thanks

[arsenal49]

there are two types of tier 2 visa.

tier 2 (general)
tier 2 (ICT)

please find out from your visa which tier 2 you are currently on as different sets of rules apply to above-mentioned tier 2 categories.

[clemenm]

I have a tier 2 (ICT)

[clemenm]

can anybody help me?

[clemenm]

Can someone please respond to my question it is very urgent.

[ddb]

1. How long can this VISA be extended for to its maximum?

Read 245GE. (a) to (h).

2. If i were to leave this company and work for a new employer that sponsored me, does this reset the amount of time I am allowed to stay on a tier 2 VISA? i.e. if I stayed 2 years with my first employer then moved to another employer on a tier 2 does my length of stay start at zero again and I am allowed to stay a longer total time?

I presume you are considering switching from Tier 2 (ICT) to Tier 2 (General). If this is the case, note that according to the current immigration rules, you can't switch. You'll have to leave the UK and apply for entry clearance [Read 245HD. (b)] and I believe your 5yr ILR clock would be reset (i.e. if you applied for your Tier 2 (ICT) after 06 Apr 2010 - then again, also if you apply for entry clearance); see 245HF. (c)(x)(1).

Can I move onto any other VISA types or can I do anything else?

Based on the current immigration rules (subject to change), you could switch to Tier 4 or any of the Tier 1 routes (note that Tier 1 (General) is closed and Tier 1 (PSW) will be closed by Apr 2012).

Just my two pence. Hope this helps.

Other members please comment.

[clemenm]

Thanks for your reply ddb.

Is it possible for me to work for a different employer in the UK on a Tier 2 (ICT) rather than Tier 2 (General)?

So essentially it seems you are saying that in my current situation with my Tier 2 (ICT) there is no way for another employer in the UK to poach me and for me to come and work for them and leave my current employer? What if I was to earn 150k GBP? I read somewhere in the links you sent me that means you go straight through into Tier 2 (General) this way?

Cheers

[pricesoft]

If your prospective pay in your new job is over 150K, you get a Tier 2 (General) CoS without any hassles (RLMT and all). However I believe you will still need to leave the country and apply from home as you are switching from Tier 2 (ICT).

[geriatrix]

Is it possible for me to work for a different employer in the UK on a Tier 2 (ICT) rather than Tier 2 (General)?

One may only work for the employer who has sponsored the employment.

1. How long can this VISA be extended for to its maximum?

Read 245GE. (a) to (h).

See also Guidance.

If you have a potential employer who can sponsor your employment in the UK, then:
1. Salary less than 150K GBP: the employer will need to assign you a "restricted" CoS and you will have to apply for entry clearance as a Tier 2 (General) migrant from outside UK.
2. Salary 150K or more: the employer can assign you a "unrestricted" CoS and you will have to apply for entry clearance as a Tier 2 (General) migrant from outside UK.