to switch from Tier 2 ICT Long term staff to Tier 2 Gen

[Rooney the saviour]

Hello,

Presently I am working as a Tier 2 ICT established staff. My Tier 2 ICT Visa issued on october 2010 and I am working in UK since november 2010 till date.

Recently I have been offered a Visa extension and ICT visa category change from Tier 2 ICT established staff to Tier 2 ICT Long Term Staff by my present employer.

My question is, if I opt for the above mentioned visa category change, can I later switch to a tier 2 General?

Many thanks,
Rooney

[manci]

yes, under current rules you will be able to.

[Rooney the saviour]

Hello Manci,

Thanks for your reply. I am feelling a bit relaxed now.

1 quick question, where can I find this rule in Tier 2 policy document?

Thanks again for your reply,
Rooney

[Rooney the saviour]

HEllo Manci,

I have got another question, if I wish to switch to a tier 2 General from Tier 2 ICT Long Term Staff, can I do that from UK itself or I have to go back to my home country?

Please note at present I am in Tier 2 ICT established Stuff, issed on November 2010 and I am at present working in that visa.

My current employer has offered a Visa extension and ICT visa category change from Tier 2 ICT established staff to Tier 2 ICT Long Term Staff.

Please suggest.

Thanks,
Rooney

[manci]

1 quick question, where can I find this rule in Tier 2 policy document?
Rooney

page 4, paragraph 16, 3rd bullet point

[manci]

if I wish to switch to a tier 2 General from Tier 2 ICT Long Term Staff, can I do that from UK itself or I have to go back to my home country?

you can switch from within the UK because you had leave previously in the T2 ICT Established Staff category.

btw - in UKBA terminology "switching" means changing immigration category from within the UK.

[kumkum]

I understand Manci's answer, but there is still confusion around the answer of eligibility of switching to Tier 2 General from Tier 2 ICT long term when the last granted leave was Tier 2 ICT established Staff before April 2011.

Manci can you tell which rule says that or is there any notice from UKBA.

[poper]

1 quick question, where can I find this rule in Tier 2 policy document?
Rooney

page 4, paragraph 16, 3rd bullet point

Hi Manci

The point you mentioned in the Tier 2 policy guide links to a foot note which says -

1Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2
(General)

Does this mean even a visa extension after April 2011 disqualifies someone from switching to Tier 2 General?
Its just too confusing...

Thanks

[manci]

1 quick question, where can I find this rule in Tier 2 policy document?
Rooney

page 4, paragraph 16, 3rd bullet point

The point you mentioned in the Tier 2 policy guide links to a foot note which says -

1Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2
(General)

Does this mean even a visa extension after April 2011 disqualifies someone from switching to Tier 2 General?
Its just too confusing...

You are right, the wording of the footnote is ambiguous, however, the answer to your question is NO. The Immigration Rules are clear, see paragraph 245HD (c)(i)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[poper]

1 quick question, where can I find this rule in Tier 2 policy document?
Rooney

page 4, paragraph 16, 3rd bullet point

The point you mentioned in the Tier 2 policy guide links to a foot note which says -

1Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2
(General)

Does this mean even a visa extension after April 2011 disqualifies someone from switching to Tier 2 General?
Its just too confusing...

You are right, the wording of the footnote is ambiguous, however, the answer to your question is NO. The Immigration Rules are clear, see paragraph 245HD (c)(i)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Hi Manci

Thank you for your response. I've got a followup question.

245HD (c)(i) is

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011

Does the word previous mean the immediate past? That is, by extending an ICT after 6 April 2011, does one not qualify for a Tier 2 Gen Switch?
I looked into online dictionaries to understand if 'previous' meant the immediate past, and it doesn't look like so. Hurray !!!

Are you aware of members who have switched to Tier 2 Gen after extending their ICT after April 2011(I am not expecting their names)
This will just give me the confidence on my job hunt and subsequent switch.
Eagerly awaiting your response.

Thanks

[manci]

Previously means any time in the past, so you are eligible to switch to T2G.
However, you must also satisfy 245HD (c) (ii) and (iii).

[Rooney the saviour]

Hello Manci,

Thank you very much for your reply.

Your answer has definitely cleared all our doubts related to switching visa category. Your knowledge about immigration rules is really proficient.

Thanks again for your help.

Regards,
Rooney

[poper]

Previously means any time in the past, so you are eligible to switch to T2G.
However, you must also satisfy 245HD (c) (ii) and (iii).

Thank you for the help Manci.

[kumkum]

Since now from above discussion it’s clear that one can switch to Tier 2 General , can you please advise in long term, say after 5 years, when candidate apply for ILR/PR/Citizenship will he be get rid of his 5 years back sponsored company or he has to stick with that company as long as candidate is working in UK 15/20 years.

The whole idea of taking tier 2 general now, is to work independently and after 5 years there should not be any need of giving percentage to candidate’s sponsorship company. Is it possible or not?

Otherwise lets stick with T2ICT and be safe.

Any suggestion or advantage of tier 2 general will be helpful.

[kumkum]

please advice, still waiting for reply.

[srnayak07]

Previously means any time in the past, so you are eligible to switch to T2G.
However, you must also satisfy 245HD (c) (ii) and (iii).

Hi Manci,

I have quick question here looking at the way you explained the system of switch from T2 ICT (established/long term) to T2 Gen.

I am under T2 established staff which was granted on feb 2011 and will expire on feb 2013. I will go for extension on dec 2012 ,which i will get as long term staff (as established staff is bo more a category after apr 2011).

My qs is in the t2 gen pdf guidelines (This guidance is to be used for all Tier 2 applications made on or after 1 Aug 2012) it clearly says:
1Please note that Tier 2 (Intra-Company Transfer) Long Term Staff granted leave, under the rules in place after 6 April 2011 cannot switch into Tier 2 (General).

whereas 245hd c i) is somethig different.

Which one is accurate and latest information ?

If this is not possible then:

Option 2 )

-I am under T2 established staff at the moment , My wife is under T2 Gen visa granted in sept 2012(granted from india)
-I will switch to T2 gen partner visa in UK in Dec 2012. Can I go incountry or I have to apply the partners visa from india
-Then I will switch back to T2 gen category in Feb 2013 (I will go to India for stamping - my current employer is ready to sponser my T2 gen)

Under this option 2 , will any rules ((as of today) might restrict me or putting me in cooling off period ?

Are there any risks ?