URGENT: Switching job from Tier 2 ICT

krishgan · Post by **krishgan** » Wed May 30, 2012 10:48 pm

Hi,

I'm currently on Tier 2 ICT Established Staff in UK from India. Recently my visa got expired and i'm awaiting BPR from my current organization.

Will I be able to switch to a different company in UK and if I quit my present organization that sponsored me, will there be any legal implications?

Also in the letter provided by the organization it is stated that I'm on a secondment to UK.

If I can switch to a different company under what category I'm eligible. Is it advisable?

Kindly clarify at the earliest.

Thanks
Krish

Post by **geriatrix** » Wed May 30, 2012 11:11 pm

You may switch only if the immigration rules allow you to.

When did you first apply for entry clearance (visa) under Tier 2 (ICT) Established staff?

krishgan · Post by **krishgan** » Sat Jun 09, 2012 7:35 am

Hi sushdmehta,

I got my Tier 2 visa ICT Established staff from 13/04/11 to 27/04/12. I entered into the UK during first week of May 2011.

Post by **manci** » Sat Jun 09, 2012 9:00 am

You are allowed to switch into the Tier 2 General category if you have a job offer from another company and they are prepared to sponsor you by assigning a CoS to you. The process involves the company doing a resident labour market test. There are various other requirements regarding qualifications, salary, etc. Suggest you look at the Tier 2 policy guidance:

http://www.ukba.homeoffice.gov.uk/sitec ... ance21.pdf

BTW - you applied for your current T2 ICT visa shortly before the rules changed on 6 April 2011. Had you applied after 6 April 2011 you would not be able to switch to T2 General.

Post by **Greenie** » Sat Jun 09, 2012 9:28 am

You say your visa has expired-have you already made an application to switch/extend your leave?

Post by **manci** » Sat Jun 09, 2012 10:00 am

Krishgan said he is waiting for his BRP so I expect he applied for an extension of his T2 ICT visa before it expired on 27/04/2012.

Krishgan, please confirm

Post by **Greenie** » Sat Jun 09, 2012 11:45 am

manci wrote:Krishgan said he is waiting for his BRP so I expect he applied for an extension of his T2 ICT visa before it expired on 27/04/2012.

Krishgan, please confirm

yes i see that but did not think it was entirely clear from the original post.

Post by **geriatrix** » Sat Jun 09, 2012 11:52 am

krishgan wrote:I got my Tier 2 visa ICT Established staff from 13/04/11 to 27/04/12. I entered into the UK during first week of May 2011.

sushdmehta wrote:When did you first apply for entry clearance (visa) under Tier 2 (ICT) Established staff?

If you applied before 06-Apr-11, you may switch. Else, no.

Post by **manci** » Sat Jun 09, 2012 12:39 pm

sushdmehta wrote:[If you applied before 06-Apr-11, you may switch. Else, no.

If Krishgan is T2 Established Staff he must have applied between 6 April 2010 and 5 April 2011.

krishgan · Post by **krishgan** » Sat Jun 09, 2012 4:18 pm

My initial assigned date of CoS is March 22, 2011 and got my renewed CoS on Mar 06, 2012 where the work date ends on April 28, 2014. I recently gave my BPR for my T2 extension.

Post by **manci** » Sat Jun 09, 2012 4:41 pm

krishgan wrote:My initial assigned date of CoS is March 22, 2011 .....

What matters is not the date of the initial CoS but the date when you applied for your visa in 2011. Since you are T2 ICT Established Staff you must have applied before 6 April 2011 (between 22 March 2011 and 5 April 2011) after which date no visas were issued in the Established Staff category.

krishgan · Post by **krishgan** » Sat Jun 09, 2012 5:03 pm

sushdmehta and manci,

When did you first apply for entry clearance (visa) under Tier 2 (ICT) Established staff?

It was submitted to the UKBA on March 31, 2011 and gave my biometric.

Post by **manci** » Sat Jun 09, 2012 6:24 pm

ok - no problem then. What I said in my post at 8.00 a.m. today stands.

krishgan · Post by **krishgan** » Sun Jun 10, 2012 9:01 pm

Manci, Thanks for your confirmation. One last question, the application is processed by the current employer if I switch to a different employer will there be any issues?

Post by **manci** » Sun Jun 10, 2012 9:41 pm

Please refer to my post on 9 June @ 8 a.m. The actual process is:

a) find a job and make sure the new employer is a Tier 2 registered sponsor.
b) check that the job offered complies with current Tier 2 requirements
c) the new employer should then do a RLMT
d) once the RLMT has been satisfactorily completed the new employer can assign a CoS to you.

Before the CoS is assigned you should discuss the work start date with the new employer taking account of how much notice you have to give to your present employer, any restriction there may be in your present employment contract as well as the processing time of your new leave to remain application.

Your present employer need not know about you wanting to change jobs before you actually hand in your notice.

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URGENT: Switching job from Tier 2 ICT

URGENT: Switching job from Tier 2 ICT