Entry permission granted 1 April 2011, entered 7 April 2011

[jozero]

Hello experts,

As the subject states, the date in my Tier 2 ICT visa is 1 April 2011, but I didn't actually enter the UK until 7 April 2011. Given the recent changes in law, where does this leave me? Specifically:

--Do I go by the 1st or the 7th?

--Do I have to leave for a year after five years?

--Can I still apply for indefinite leave to remain/settlement at 5 years?

--Can I change status over to a Tier 2 General to change employers?

Thanks for any help you can offer.

-Jo

[manci]

Hello experts,

As the subject states, the date in my Tier 2 ICT visa is 1 April 2011, but I didn't actually enter the UK until 7 April 2011. Given the recent changes in law, where does this leave me? Specifically:

--Do I go by the 1st or the 7th? If your visa was valid from 01/04/2011 then it was issued under the rules before 6 April 2011 and you are in the T2 ICT Established Staff category - check it--

Do I have to leave for a year after five years? yes, the max. leave is 5 years and a 12 months cooling-off period applies after that.--

Can I still apply for indefinite leave to remain/settlement at 5 years? no, because you entered the UK after after April 2010--

Can I change status over to a Tier 2 General to change employers? yes, you are allowed to switch to T2G provided you change sponsor

Thanks for any help you can offer.

-Jo

[jozero]

Thanks very much for your reply. I must say I'm really disappointed to hear that we'll need to leave. If I change over to a Tier 2 General by switching employers does that change the requirement to leave for a year? Are there any exceptions to the cooling off period that could apply?

Many thanks!

-Jo

[manci]

The only exception to the cooling-off period is for T2 ICT Short Terrm Staff applying for entry clearance in the T2 ICT Long Term Staff category.

However, if you switch to T2G you can get max 3 + 3 years leave and can apply for ILR after 5 years.

This is subject to you being in T2 ICT Established Staff category which I expect you checked.

[jozero]

Thanks again. You're right that I'm in the Established Staff category.

One last follow up from me. Is there any means for my existing employer to switch me to a T2G or is my only option for staying and progressing to ILR (without the cooling off period) to switch employers?

-Jo

The only exception to the cooling-off period is for T2 ICT Short Terrm Staff applying for entry clearance in the T2 ICT Long Term Staff category.

However, if you switch to T2G you can get max 3 + 3 years leave and can apply for ILR after 5 years.

This is subject to you being in T2 ICT Established Staff category which I expect you checked.

[manci]

you can only switch to T2G if you change sponsor