Changing employer on Tier 2 ICT Long Term Visa

[rickish]

Hi,

I am looking for some expert advice here on my visa situation.

I am currently working in UK with Company A on a Tier 2 ICT Long Term Visa, visa was issued on 01/04/2013 and valid until Sept 2015.
And now I have job offer from UK Company B. My questions are:

1. Is it possible for me to change my job and take up Company B offer? I think this will require switching from Tier 2 ICT LT category to some other category?
2. If the answer to above is yes, could you please provide with some additional information on how to proceed, any website links or forms required would be of great help.
3. If the answer to above is no, then could please tell me what are my alternatives here, if any. The one alternative I am aware of is, join the India office of the Company B and apply for a new ICT LT. If I do that, do I still need to serve cooling off period?

Many thanks in advance
Anuj

[manci]

I am currently working in UK with Company A on a Tier 2 ICT Long Term Visa, visa was issued on 01/04/2013 and valid until Sept 2015.

was this your first T2 ICT visa or did you have another one beforehand?

[rickish]

Hi Manish,

Yes, I was on ICT short term before, that was issued on 01/05/2012 for a year and before that I travelled to UK in Sep 2007 for 6 months.

Thanks
Anuj

[manci]

to work for company B you cannot switch into the Tier 2 (General) category in-country because your T2 ICT LTS visa was granted under the rules after 5 April 2011.

You could join company B in India but then you would have to wait 12 months before you could come to work for them in the UK either under T2G or under T2 ICT Short or Long Term Staff.

[rickish]

Sorry could not respond to you earlier.
Thank you very much for your help and expert advice on this.

Last question to make sure I have understood this correctly:
Person on a ICT visa granted after April 2011, will fall under cooling off period even if he is applying for Tier 2G outside UK and with a completely new sponsor(company B). Please confirm my understanding.

Many thanks
Anuj

[manci]

The answer to your question is YES.

Anybody who had Tier 2 leave within 12 month of a Tier 2 application for entry clearance (from outside the UK) falls under the provisions of the cooling-off period. There are some exceptions, such as high earners, those applying for T2 ICT LTS who had T2 ICT STS leave beforehand, those who haven't actually been in the UK under Tier 2 during part or all of the cooling-off period, etc.

For the complete regulations re. cooling-off see Immigration Rules 245GB(d) and 245HB(g):
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[rickish]

Thank you very much for your prompt response once again.
Now since it is clear to me that I can't to switch Tier 2G without spending 12 months outside UK, this leads me to another question. Hope you don't mind.

My questions is:
As said previously the company B ( new sponsor), I want to join also has a branch in India. If after returning to India, I join their India office as an offshore employee and work for 12 months. Can I still apply forTier 2G visa with them itself (company B) after completing my cooling off period or I will only be eligible for ICT since it is the same epmployer.
I think if I can apply for tier 2g, I will be considered as UK employee.

Thanks

[manci]

If you go to work for company B in India, after 12 months you can return to the UK by being sponsored by their UK branch either under T2 ICT or T2G.

[aaygee]

Hi there,

I seek your advise regarding working in UK on T2 ICT or T2 General.

Background
I am employed in India by a reputed US MNC (Company A) and have been working for a UK based Banking client (Company B) project for last 4 years.
Was issued a T2 ICT short term VISA (Aug-Nov 2014) but could not travel owing to business reasons.
I was then issued a 2nd T2 ICT short term VISA (Jan-Jul 2015) on which I travelled and worked for 2 months (returned back in June, 1 month before expiry of this 2nd VISA )

The UK based client has now offered me a job in UK.

Based on my limited knowledge, I see below scenarios :

1. Apply for T2 ICT Long Term via (Company A) and continue to work for UK based client without switching jobs, if VISA granted (potentially how long can I stay in UK - in view of previous VISA issued)
2. Apply for T2 ICT Long Term via (Company A) and switch to Company B (this may involve cooling off & return to India for refiling ? )
3. Apply for T2 General via (Company A) and switch to Company B (this may involve cooling off & return to India for refiling ?)
4. Switch jobs in India & join Company B (India location) and ask Company B to file for my UK T2 ICT Long term or T2 G (Do I need to spend atleast 12 months in India then ?)
5. Ask if Company B can directly file T2 ICT or T2 G for me and I join directly in UK (of-course after leaving Company A)

What I am looking for is a long term (3 or more) working in UK (No plan for ILR for now).
We are expecting our 1st baby early next year and hence I am a bit worried about getting this sorted in time (job / location change / deciding where we have the delivery India vs UK ).

Could you please advise what can be the best way forward from here ?

Apologies for any posting or Board rule violation.

Thank You,
aaygee

[manci]

Hi there,

I seek your advise regarding working in UK on T2 ICT or T2 General.

Background
I am employed in India by a reputed US MNC (Company A) and have been working for a UK based Banking client (Company B) project for last 4 years.
Was issued a T2 ICT short term VISA (Aug-Nov 2014) but could not travel owing to business reasons.
I was then issued a 2nd T2 ICT short term VISA (Jan-Jul 2015) on which I travelled and worked for 2 months (returned back in June, 1 month before expiry of this 2nd VISA )

The UK based client has now offered me a job in UK.

Based on my limited knowledge, I see below scenarios :

1. Apply for T2 ICT Long Term via (Company A) and continue to work for UK based client without switching jobs, if VISA granted (potentially how long can I stay in UK - in view of previous VISA issued)
2. Apply for T2 ICT Long Term via (Company A) and switch to Company B (this may involve cooling off & return to India for refiling ? )
3. Apply for T2 General via (Company A) and switch to Company B (this may involve cooling off & return to India for refiling ?)
4. Switch jobs in India & join Company B (India location) and ask Company B to file for my UK T2 ICT Long term or T2 G (Do I need to spend atleast 12 months in India then ?)
5. Ask if Company B can directly file T2 ICT or T2 G for me and I join directly in UK (of-course after leaving Company A)

What I am looking for is a long term (3 or more) working in UK (No plan for ILR for now).
We are expecting our 1st baby early next year and hence I am a bit worried about getting this sorted in time (job / location change / deciding where we have the delivery India vs UK ).

Could you please advise what can be the best way forward from here ?

Apologies for any posting or Board rule violation.

Thank You,
aaygee

assuming a salary of less than £155.3k the only option you have that doesn't involve cooling off in India until 1 June 2016 is your No. 1. Provided you meet the requirements you can have a T2 ICT Long Term Staff visa for up to 5 years with a corresponding CoS.

[aaygee]

Thank you manci,

Your quick response is much appreciated

Could you please let me know what is the importance of June 2016 date you've mentioned ? Sorry I could not understand that bit.

Thanks
aaygee

[manci]

Thank you manci,

Your quick response is much appreciated

Could you please let me know what is the importance of June 2016 date you've mentioned ? Sorry I could not understand that bit.

Thanks
aaygee
I meant to say that the cooling off period expires 12 month after you actually leave the UK. You said you left in June 2015 but didn't actually quote the date (I assumed it was the 1st but this was probably incorrect)

[Eshapriya]

Hello,

I'm seeking your advise regarding working in UK on T2 ICT Dependent Visa.

My spouse is employed in India by a reputed MNC(Company A) and he has been deputed to Company A UK division on Tier 2 ICT Long Term Visa. He has been sponsored by Company A, but he works for the client (Company B) in UK. His project with his client Company B is coming to an end and he might be allocated to a same client at different location or a different client Company C.
I’m currently working in UK as a permanent employee with my Tier2 ICT dependent Visa, which expires on May 2017

1. If the client(Company B) location changes from up north of England to down south, will there be any changes to the COS or the Visa ?
a. Will I be still eligible to continue working with my organisation ?

2. If the Client changes from Company B to Company C, though the sponsor remains the same(Company A), will there be any changes to COS or Visa or any other documents?
a. If there are any changes to my spouse COS, will my Visa status change? If COS changes, Do we have to re-apply for Visa? Can we do it in UK or should be go back to India for the same?
b. Will I have to re-apply for Tier2 Dependent Visa, or can i continue on the same Visa till May 2017?
c. Will I still be eligible to continue working with my organisation on a Tier2 ICT dependent Visa with my spouse client being changed?

My organisation is very reluctant to employee me, if my spouse client change, as it would involve changes to many official documents and COS.

Please advise and confirm if I’m still eligible to work in UK even if my spouse’s client changes.

Thanks in Advance !

Regards,
Esha