Tier 2 (ICT) to Tier 2 (General) queries

[kalavathy]

I am on Tier 2 (ICT) Established Staff visa for past 2 years and recently I have got Leave to remain extended for another 1 year.
If I switch to Tier 2(General),
1. Can I continue to work with the current employer, if the employer sponsoring Tier 2(General) agrees?
2. If i cannot continue working with the employer who sponsored Tier 2(ICT), how the transition period can be managed? Is there any legal requirements?

Kind Regards

[manci]

1. no

2. if you wanted to work for your present T2 ICT UK employer as a T2 (General) migrant you would need to leave the UK, wait for the 12 month cooling-off period to pass, then get a T2G CoS from the employer and apply for entry clearance.

Presumably you are only contemplating this because you want to stay with your present employer and wouldn't be eligible for ILR if you remained on T2 ICT. During the 12 months cooling-off you could of course continue working for them outside the UK.

[kalavathy]

Thanks for the response.

I am looking for an opportunity to work as a contractor. I am not sure how the job shift can be managed during the visa switch period. Can I apply for Tier 2 (General) and resign from current employer after receiving the approval from UKBA.

A overlapping period is required to move from the existing employer to new employer, which require Tier 2 General visa.

Please provide your thoughts around it.

[manci]

I misunderstood what you wrote. You in fact don't want to continue with your present T2 ICT employer but want to switch to T2 General with another employer sponsoring you, which is OK.

The process:

1. Obtain CoS from new employer.
Unless an exemption applies they will have to do a RLMT (takes 28 days) before they can assign the CoS. Check that they have an available allocation, i.e. if they can assign the CoS immediately or have to apply and wait for an increase in their allocation (this could take several months).

2. Once you have the CoS apply for leave to remain

3 When you receive the approval letter from UKBA give notice to current employer.

The work start date in the new CoS should ideally be the day following the termination date in your present employment. Based on the above timescale you and the new employer will need to take a stab at how long the process will take. The new leave you get will normally commence from the work start date in the new CoS but if you have current leave you can continue working for your present employer until the start date of your new leave.

[kalavathy]

Thanks for the suggestion