TIER 2 ICT VISA Extension

peter sumner · Post by **peter sumner** » Thu Dec 20, 2012 6:55 pm

I hope that someone can help me. I am about to have my contract terminated( likely by end of the year)by my employer. My current TIER 2 ICT Visa is valid to end of 2014, but I believe that the UKBA will write to me soon after my termination re me leaving the country within a certain time.
I have the following questions and am hoping that someone can help me :
- How much time does the UKBA typically give people before they have to leave the country? does it matter if you have dependents, I have 3 children and am from Kenya.
- Is it possible to write to them requesting an extension of this timing based on logistical reasons ( property,schools,etc)
- Am I allowed to find alternative employment - either another Tier 2 ICT or General visa route?
Thank you
Peter

Post by **manci** » Thu Dec 20, 2012 9:58 pm

read this post:

Post by **manci** » Thu Dec 20, 2012 9:59 pm

read this post:
http://www.immigrationboards.com/viewto ... urtailment

The process will only start when UKBA receives your present sponsor's notification that you finished your employment with them.

If you applied for your initial leave in the T2 ICT category before 6 April 2011 you are eligible to switch to Tier 2 General but you need to find a new job and sponsor first.

Post by **manci** » Mon Dec 24, 2012 8:32 am

peter sumner wrote: Thanks for the reply & for the link to the similar topic. Most useful.
Just some quick queries that u may be able to help me with.

- Must I wait for the UKBA to write to me once they receive details re the termination of my contract from my employer? Assume that I will then still have some time to find another job which I am already setting up interviews for?

UKBA should write to you. From the time the employer notifies them of the termination they will take a minimum of 28 days to make a decision to curtail your leave. They will curtail your leave to 60 days from the time they make their decision, so you will have minimum 88 days (but could be more) after termination before your curtailed leave will expire. If in this time you find a new job/sponsor who assigns a CoS to you you can then apply for further leave.

- I read the UKBA TIER 2 General guidance & do meet all the criteria in terms of the 70points. It mentions that I must apply asap. Can I apply to switch without already having a job?

No, because 30 points out of the 70 are for having a CoS. The new sponsor/employer must assign a CoS to you before you can apply to switch.

assume that if I obtain a job that has been advertised on the UK job market for a month, I will meet the job market requirement?

The new sponsor has to certify in the CoS that they carried out a RLMT according to the requirements. Also, the job must be NQF level 6. unless an exemption applies, with appropriate salary.

peter sumner · Post by **peter sumner** » Tue Dec 25, 2012 4:10 pm

Thank you for all your answers. very useful.
One last question.
Does the termination reason have any bearing on whether you may obtain another COS? Can the UKBA not grant a new visa even though you may obtain a new job+ COS sponsor?

Post by **manci** » Tue Dec 25, 2012 6:44 pm

peter sumner wrote:Thank you for all your answers. very useful.
One last question.
Does the termination reason have any bearing on whether you may obtain another COS?
Whether an employer wants to employ you is only a matter between you and the company

Can the UKBA not grant a new visa even though you may obtain a new job+ COS sponsor?
not if you satisfy all requirements and don't fall for refusal under the general grounds for refusal

peter sumner · Post by **peter sumner** » Mon Jan 21, 2013 9:43 am

Dear All,

I have been going through the interview process with a prospective new employer under the General 2 visa COS. I am currently here under a TIER 2 ICT visa and my employment has finished with my previous employer before my visa expires. I have not heard from the UKBA as yet.

My problem is that the prospective new employer has informed me that I cannot convert to a General visa as my current ICT TIER 2 visa was granted post April 2011, as per extract below - c (i). Considering that my current TIER 2 ICT Visa was granted in Oct 2011. Are they correct , and does this mean that there is no option for me to convert to a general 2 visa and that I have to leave the country??
Please help, Thank you.
(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,
(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

Post by **manci** » Mon Jan 21, 2013 10:48 am

what the prospective employer told you is correct provided your initial T2 ICT leave was granted after 5 April 2011. This has also been stated in an earlier post (see above) so it shoudn't have come as a surprise.

Regarding curtailment of your visa, and since your current leave was granted after 23 May 2011, read p 31 http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

peter sumner · Post by **peter sumner** » Mon Jan 21, 2013 11:22 am

Thanks, and apologies as I didn't note that bit the first time.

Basically this means that I have to leave the country, and my only possibility would be to return under a Tier 2 General visa? Is there any cooling off period should I apply successfully from out side the country , or can I return at any point thereafter?

Thank you

Post by **manci** » Mon Jan 21, 2013 2:33 pm

unfortunately the 12 month cooling-off period will apply.

peter sumner · Post by **peter sumner** » Sat Jan 26, 2013 10:07 pm

Thank you for all your assistance. It is much appreciated.

Should the prospective employer still be prepared to assign a COS, can I not leave the UK ( before my current ICT visa expires) , and lodge the application for a General 2 Visa from out of the UK ? Therefore in my home country?

Just want to ensure that there is no other option but to return to my home country?

Thank you.
Peter

Post by **manci** » Sun Jan 27, 2013 9:13 am

The prospective employer does know that you are not eligible to switch to T2G so they will not assign the CoS. Even if they did it would be rejected by UKBA's checking service.

If you cannot continue in your present job there doesn't seem to be another option beside leaving the UK and returning under T2G after the cooling-off period has passed or returning uinder T2 ICT if a new employer in your home country has a UK establishement but even in this case you would have to be employed by them overseas for 12 months before being able to return.

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TIER 2 ICT VISA Extension