Can I switch from Tier 2 ICT -> Tier 2 General?

[quastionsalot]

Hello All!

I came to the UK in December 2010 on a Tier 2 ICT visa. My visa expires in Jan 2014, but I believe I can extend it by 2 more years.

Can I change from the ICT to General category? Should this, if possible be done when I request for an extension? Can this be done sooner?

Swithcing jobs would help boost my wages significantly, so wondering if the conversion is an option for me...

Regards,
Sir QuestionsALot.

[manci]

If you are in the T2 Established Staff category you can switch in-country to Tier 2 (General) any time provided you find a new employer/sponsor.

[quastionsalot]

Thanks Manci. How hard is it for the new company to sponsor a candidate? It seems there is some sort of a cap these days on the number of Tier 2 G visas allowed.

[manci]

The cap you refer to is only for entry clearance application.

If you want to change jobs you need to find an employer who is prepared to sponsor you. They would need to assign an unrestricted CoS to you and carry out a resident labour market test (unless an exemption applies). Also, the job has to be at level NQF6 and the pay at least the minimum prescribed by the codes of practice.

[Agastya80]

The cap you refer to is only for entry clearance application.

If you want to change jobs you need to find an employer who is prepared to sponsor you. They would need to assign an unrestricted CoS to you and carry out a resident labour market test (unless an exemption applies). Also, the job has to be at level NQF6 and the pay at least the minimum prescribed by the codes of practice.

Manci - Please could you comment on the point where job has to be at level NQF6.
I've copied below extract from the UKBA website ---

The job must be at or above NQF level 4 (or the equivalent in Scotland) - or at S/NVQ level 3 or above if the migrant is already in the UK under Tier 2 (General), Tier 2 (Intra company transfer) or a work permit if that permission to stay was granted under the rules in place before 6 April 2011.
Does'nt this means if you are in Tier 2 ICT before 6/4/11 job has to be NQF4?

[manci]

Hello Agastya80
Could you please provide the link to the quote from the UKBA website?
The minimum skill levels required for switching into T2G are set out in the current T2 policy guidance paras 63-64:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
The relaxation of the NQF6 requirement seems only to apply to work permit holders and migrants with T2G leave granted before April 2011 (who need min. NQF 3) and migrants with T2G leave granted between April 2011 and April 2012 (who need min. NQF 4).

[Agastya80]

Hello Agastya80
Could you please provide the link to the quote from the UKBA website?
The minimum skill levels required for switching into T2G are set out in the current T2 policy guidance paras 63-64:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
The relaxation of the NQF6 requirement seems only to apply to work permit holders and migrants with T2G leave granted before April 2011 (who need min. NQF 3) and migrants with T2G leave granted between April 2011 and April 2012 (who need min. NQF 4).

Hey Manci, Thanks for your reply. please see link below

http://www.ukba.homeoffice.gov.uk/busin ... d/#header1

[manci]

Hello Agastya80
The rules are changing frequently. The information in the link you provided is obsolete. I actually contacted UKBA who also confirmed this. I asked them to remove the page from their website.

[Agastya80]

Hello Manci

Thanks for your reply.

I've read similar information within the SOC code documents, does that mean they are out of date too and will be replaced by new versions e.g. as below

From 14 June 2012 applicants under Tier 2 (General) or Tier 2 (Intra company transfer) must have an offer of a job at or above NQF 6 if they are:
 applying from abroad; or
 applying to switch into Tier 2 (General) from a different immigration
route.
Applicants who are currently working in the UK (either for you or for a different employer) under Tier 2 (General), Tier 2 (Intra company transfer) or a work permit must have an offer of a job at or above NQF level 3 if their original grant of leave was made before 6 April 2011 or NQF level 4 or above where their original grant of leave was made on or after 6 April 2011.

If this is the case then it'll be extremely difficult for even those who came under rules before April 2010 under Tier2ICT and wants to switch to T2G as job at NQF6 level are usually PhD level jobs...

[manci]

Hello Agastya80

The base legal document that overwrites other documents is the Immigration Rules. The current version is October 2012

Please see para 77E of Appendiix A (Attributes) for the min. skill levels that are required for a T2G CoS
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/
This is in fact in line with what is in the current (August 2012) T2 policy guidance para 63-64:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

The list of PhD and NQF levels 6,4 and 3 jobs is given separately in Tables 1-4 of Appendix J:
http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

[Agastya80]

Many thanks, Manci. I'll give a good read through to these links...really appriciate your help