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

[manci]

Hello Manci,

I am a new member here.

Please can you help on this

I am Tier 2 ICT long term - May 2012 to may 2014 and extension from May 2014 to April 2014 T2 ICT Long term leave to remain
dates ??

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

What I understand from the other posts is
1. She has to apply for Tier2 general visa from the home country without any cool off period.
2. I as a ( tier 2 ICT main applicant ) need not to observe a cool off period in this case and can switch on tier 2 general dependant from Home country OR UK.

Is the above understanding correct?
yes

My queries are
1. Sponsor is giving a restricted COS. Can I get an Unrestricted COS in my Situation?
once you switched to PBS dependant status you are free to work and don't need a CoS
2. Are the tax liabilities in restricted COS case is very high?
tax has nothing to do with CoS
3. My SOC is 3537
if you switch to PBS dependant your job SOC code is no longer relevant


Many Thanks

[Alokgupta]

Thanks Manci for the quick response. I really appreciate your efforts.

Accept my apologies for not to be to too specific.

My Travel history is

Tier2 ICT Migrant from 04/08/2009 to 06/08/2011

Then went back to home country.

After this I came here on Tier 2 ICT long term - 30/05/2012 to 06/05/2014 and extension from 06/05/2014 to 20/04/2015 T2 ICT Long term leave to remain

Is there any way I can apply or switch to Tier 2 general?

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

My queries for My self

1. Can I switch from Tier 2 ICT long term to tier2 general dependant wihtin UK.


My queries for my spouse visa...

1. Sponsor is giving a restricted COS to her. Can she get an Unrestricted COS in this Situation?
2. Her SOC is 3537, does her employer will be allowed to sponsor her although she is postgraduate i.e. NQF 6 level and the SOC code is for NQF 4 level

Thanks in advance.

[deepakpareek]

deleting post

[frequency]

Hi immigrationboard team,

Please help advise regarding my plan to switch from from TIER 2 ICT to TIER 2 General Dependant visa
Below are my current visa details:
Visa Type: TIER 2 ICT Long Term Staff Migrant
Valid From: 21/05/2013
Valid Until: 30/04/2015

and below are my husband's current visa details:
Visa Type: Tier 2 General (Restricted Cos)
Valid From: 04/12/14
Valid Until: 30/11/19

Q1) Can I apply for Tier 2 General Migrant Partner (Spouse) visa ?
Q2) What is the processing time for this?
Q3) Are their any major constraints in applying for this?
Q4) Will I be eligible to continue to work with my current employer after switching to Tier 2 General visa?

Hoping for a quick response.
Thanks in advance

Regards

[manci]

Thanks Manci for the quick response. I really appreciate your efforts.

Accept my apologies for not to be to too specific.

My Travel history is

Tier2 ICT Migrant from 04/08/2009 to 06/08/2011

Then went back to home country.

After this I came here on Tier 2 ICT long term - 30/05/2012 to 06/05/2014 and extension from 06/05/2014 to 20/04/2015 T2 ICT Long term leave to remain

Is there any way I can apply or switch to Tier 2 general?

My spouse who was on dependant visa has also the same dates. But now she has got a Job who is willing to sponsor her in the tier 2 general category.

My queries for My self

1. Can I switch from Tier 2 ICT long term to tier2 general dependant wihtin UK.
unfortunately you cannot switch and if you apply from home country there is a 1 year cooling off

My queries for my spouse visa...

1. Sponsor is giving a restricted COS to her. Can she get an Unrestricted COS in this Situation?
she can only apply from home country therefore she needs a restricted CoS
2. Her SOC is 3537, does her employer will be allowed to sponsor her although she is postgraduate i.e. NQF 6 level and the SOC code is for NQF 4 level
unless the job is a shortage occupation it has to be NQF level 6
Thanks in advance.

[breezzer]

Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have certain queries before i proceed:

A) my current sponsor has RMLT done on ad where salary specified 33000 but they are offering me 35000. Will it cause any problem in my visa process.
B) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?

Many thanks in advance. I am looking forward for your response

[anilkum]

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?. Thanks

[Monto]

Hi Manci,

Thanks for all your replies and wish you a very happy new year ahead.

I came in OCT 2010 for 2 year in Tier 2 ICT ( long term ) and got my visa extended for below period

15 SEP 12 to 15 MAR 14
16 MAR 14 to 15 MAR 15

I have completed 4.3 years in T2 ICT and now i switching to T2G in FEB 15 for 3 year.and expecting visa will extend for another 3 years .

My question is - which one of below 2 route will be more feasible for my ILR eligibility

1 . I can apply for ILR after 5 years in T2G . I heard there is a salary restriction for 36000+ , can i do as below ?
1 st- 3 years in 28000 salary
2nd- 3 year in 36000+ salary

2. when My tenure will be 9 year in UK irrespective of salary and visa I can get ILR . {4 Y, 4 month (T2 -ICT) + 4 Y ,8 Month (T2G)}

best Regards,
Monto



My Query is if i work for

[manci]

Hi manci,

I am planning to switch in country from Tier 2 ICT to Tier 2 general to new sponsor and I have certain queries before i proceed:

A) my current sponsor has RMLT done on ad where salary specified 33000 but they are offering me 35000. Will it cause any problem in my visa process.
yes, it may because if they had advertised the post at 35k there could have been suitable applicants from the settled workforce

B) my current salary say e.g. 42000 and I have accepted 35000 as new salary. Will it impact my visa as why I accepted lesser salary?
no

Many thanks in advance. I am looking forward for your response

[manci]

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

[manci]

@Monto
you will be eligible for ILR after 5 years on T2G and the salary threshold will only apply at the time of your application.
The rules for applying for settlement on the 10 year long residence route are here:
https://www.gov.uk/long-residence/overview

[anilkum]

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Thanks Manci

[anilkum]

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Thanks Manci

Manci, Does it mean i can stay for upto 6 years(3 years visa will be given initially and can be extended for another 3 years)?.. I have seen a discussion that Post April 2014 visa changes, changing to Tier 2 general visa will be granted max 6 years including the days spent in the prior visa(Tier 2 ICT). If that is the case, i can stay in UK for maximum of another 1 year even after switching from Tier 2 ICT visa to Tier 2 General visa. Could you please suggest me?. Thanks

[manci]

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Thanks Manci[/quote]
Manci, Does it mean i can stay for upto 6 years(3 years visa will be given initially and can be extended for another 3 years)?.. I have seen a discussion that Post April 2014 visa changes, changing to Tier 2 general visa will be granted max 6 years including the days spent in the prior visa(Tier 2 ICT). If that is the case, i can stay in UK for maximum of another 1 year even after switching from Tier 2 ICT visa to Tier 2 General visa. Could you please suggest me?. Thanks
The rules changed in Oct/Nov 2014, see the other sticky. The 6 years are now only counted from the start date of the T2G visa.
Immigration rule 245HE(a)(iv):
https://www.gov.uk/government/uploads/s ... _final.pdf
[/quote]

[anilkum]

Hi Manci,

I came to UK during December 2010 on ICT long term visa(3 years) and extended for 2 years(extended till nov 2015). Can i change my ICT Tier 2 visa(long term) to general visa if i find a new sponsor. If yes, do i need to go back to my home country please?. Also any restrictions once i change to Tier 2 general?.

you can switch in-country.
If you get T2G leave there will be a 6 year cap on your stay in the UK but you will be eligible to apply for ILR after 5 years.
Thanks

Thanks Manci

Manci, Does it mean i can stay for upto 6 years(3 years visa will be given initially and can be extended for another 3 years)?.. I have seen a discussion that Post April 2014 visa changes, changing to Tier 2 general visa will be granted max 6 years including the days spent in the prior visa(Tier 2 ICT). If that is the case, i can stay in UK for maximum of another 1 year even after switching from Tier 2 ICT visa to Tier 2 General visa. Could you please suggest me?. Thanks
The rules changed in Oct/Nov 2014, see the other sticky. The 6 years are now only counted from the start date of the T2G visa.
Immigration rule 245HE(a)(iv):
https://www.gov.uk/government/uploads/s ... _final.pdf
[/quote][/quote]

Thank You Manci

[suryashmi]

Hi Manchi,
thanks for your great experties in immigration, i have few doubts if you can clarify
1.I got my VISA (T2 ICT ES) on VISA it mentioned valid from 2nd june2010
then got extension till 2016 june
the ILR rule change affect from 6 april 2010?
so i am not illegible for ILR isn't it?, my visa was applied by my company, don't know which date.. they are saying 6th May
now my question is ..
is there a way to find out which date the company submitted the VISA application ?
if CoS is assigned in april, will that override the VISA Valid date , am i still illegible for ILR?
as per new Switching rule if i apply for T2G will i get 5 years extension ? my T2 ICT valid from june 2010 to june 2016
Kindly reply

[suryashmi]

Hi Manchi,
thanks for your great experties in immigration, i have few doubts if you can clarify
1.I got my VISA (T2 ICT ES) on VISA it mentioned valid from 2nd june2010
then got extension till 2016 june
the ILR rule change affect from 6 april 2010?
so i am not illegible for ILR isn't it?, my visa was applied by my company, don't know which date.. they are saying 6th May
now my question is ..
is there a way to find out which date the company submitted the VISA application ?
if CoS is assigned in april, will that override the VISA Valid date , am i still illegible for ILR?
as per new Switching rule if i apply for T2G will i get 5 years extension ? my T2 ICT valid from june 2010 to june 2016
so i will get extension till 2020 ?
Kindly reply

[suryashmi]

Hi Manchi,

Kindly reply

[Monto]

@Monto
you will be eligible for ILR after 5 years on T2G and the salary threshold will only apply at the time of your application.
The rules for applying for settlement on the 10 year long residence route are here:
https://www.gov.uk/long-residence/overview

Thanks for your response Manci
for my better understanding can you please confirm so can i do as below and still i will be eligible for PR as the salary threshold will only apply at the time of my application for ILR.

1 st- 3 years salary 25000 pound and
2nd- 3 year in 36000+ salary

Regards,
Monto

[Monto]

1

[deepaksingh810]

Hi Mansi,

I was in UK on Tier 2 ICT visa from 27 August 2011 to 11 August 2012.

Now I am again looking for a job in UK and I found a company who is ready to sponsor my Tier 2 General visa now. It is like they will outsource me to their client I.e. I will work as a contractor. In case there is a gap between contracts or I want to find a contractual job by my own, they will manage my payroll. Let me know if it is an appropriate option to go ahead.

Also, If I get a Tier 2 general visa,
1) what will be the duration of the initial visa? will it be renewable?
2) Will I be eligible for ILR?
3) Can I switch to new employer in future if new employer is ready to sponsor me? If yes, will that be difficult?

[waiz89k]

Sorry in advance if I am posting at the wrong place.

I dont have much idea about Tier 2 visas but I have heard that Tier2/work permit are going to be discontinued for new applicants in April 2015. Is it correct?

[suryashmi]

Hi Manci/ any experts.
my previous query was not answered , I know you are busy replying others, too many posts..
if you can please make some time and advice
..T2 ICT rule change on 6th april 2010, which preventing me from ILR, because my visa valid from 4th June 2010, application was submitted on 5th May2010.
now my question is if my CoS is applied and assigned before 6th april 2010, am I illegible for ILR

Surya

[anilkum]

Hi Manci/ any experts.
my previous query was not answered , I know you are busy replying others, too many posts..
if you can please make some time and advice
..T2 ICT rule change on 6th april 2010, which preventing me from ILR, because my visa valid from 4th June 2010, application was submitted on 5th May2010.
now my question is if my CoS is applied and assigned before 6th april 2010, am I illegible for ILR

Surya

Hi Manci,

Any idea how much the cost is involved if I switch from ICT Tier 2 to Tier 2 general visa?. Will there be any cost from the company perspective if they are ready to sponsor?. Thanks - Anil

[manci]

@anilkum
all HO fees are listed here:
https://www.gov.uk/government/uploads/s ... ber_v1.pdf