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Tier 2 General for existing employee transferred to UK?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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amalfi
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Joined: Tue Aug 14, 2012 5:37 am

Tier 2 General for existing employee transferred to UK?

Post by amalfi » Tue Aug 14, 2012 5:54 am

Hello everyone!

My current employer has a branch in London (a subsidiary company set up as a different legal entity) and is planning to transfer me from overseas to join that office on a permanent basis. Given the new rules Tier 2 ICT is a complete non-starter as it will not allow me to stay in UK beyond visa expiry. My employer is a category A rated sponsor with both G and ICT visas possible.

Would I be eligible to apply for Tier 2 General in this case - or because technically I would be transferred from overseas by my current employer, I may only apply for ICT visa?

Thank you for clarifying this as I was not able to find any answer to this anywhere.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Aug 14, 2012 7:18 am

T2 ICT would allow you to stay for 5 years but without possibility of settlement, under T2G you could stay for 6 years and apply for settlement after 5.

Either route is possible but getting the T2G visa would be more lengthy as it is subject to a monthly quota and the Resident Labour Market Test.

amalfi
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Joined: Tue Aug 14, 2012 5:37 am

Post by amalfi » Tue Aug 14, 2012 2:21 pm

Thank you, Manci!
Just to be clear (and technicalities of monthly quota and RLMT aside)
The fact that my sponsor and current employer is the same company will not in itself disqualify me from applying for the General visa type - correct?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Aug 14, 2012 3:15 pm

amalfi wrote:Thank you, Manci!
Just to be clear (and technicalities of monthly quota and RLMT aside)
The fact that my sponsor and current employer is the same company will not in itself disqualify me from applying for the General visa type
No it will not, but the UK organisation, which is a separate legal entity, must of course have a T2G sponsor licence which you said they had. They would need to assign a restricted T2G CoS to you (which involves RLMT,quota, SOC code, min. salary, etc.) but once this is done you can apply for entry clearance from outside the UK. I assume you haven't been in the UK before as a Points Based System migrant.

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