Tier 2 ICT short term or Graduate Trainee or Tier 2 General

[c_kowtino]

Hi all,

I would like to kindly ask if you can help with this (as i need to provide my company with an output so they can really consider me for the position).

My current situation: im a Mexican citizen doing a traineeship in the Netherlands for 1 year (with a 1 year permit) and they have decided that they would like to use my knowledge and skills in a new position in their Manchester office (for a 1 year contract). My question is, can i apply as an Intra Company Transfer Short Term candidate even if i am a trainee at this company? (im not sure if i can be considered as an employee under the UKBA terms). I have been "working" for 9 months, so if i decide to apply with the Short term scheme, i would wait until the end of my contract and then apply (and then i would have been employed for 12 months).

My other option was applying as a Tier 2 ICT Graduate Trainee. Here i would have to ask for a "structured trainee program". These 2 options i just mentioned are the easiest as the company wont have to provide any proof of posting the position. If i really cant be considered as an employee and hence cant apply to the ICT scheme. Applying with the Tier 2 General would be my only choice?

P.S. The position is not in the shortage of occupations list.

Regards,
Carlos

[c_kowtino]

i just forgot to add that the company is licensed under Tier 2 General and Tier 2 ICT. As well as im receiving payroll receipts every month directly from the company, maybe this can help.

Thanks in advanced,

[c_kowtino]

Hi,

Anybody has an idea on this? that if an international trainee can be considered under the Tier 2 IntraCompany Transfer (as it says established staff). I would be really grateful if someone can give any input, as i need to tell my company as soon as possible so they can decide what to do.

Thanks in advanced,

[c_kowtino]

Hi,

Does anyone has something on this? Ive been trying to look over internet and in every article from the UKBA site and i cant find anything about this.

Please help as i have to tell my employer.

[physicskate]

Hi,

Does anyone has something on this? Ive been trying to look over internet and in every article from the UKBA site and i cant find anything about this.

Please help as i have to tell my employer.

Ok, seriously I am no expert; let me preface everything with that. If you can qualify for a T2G, I would suggest you try going down this route. Last year, I was a trainee teacher on an employer-based route and I was eligible (after a salary increase). T2G will allow you the most of what is very limited flexibility within the UK visa system. If you can fulfill all the other criteria for a Tier 2 General, try getting that (note that you will need a RESTRICTED CoS).

Good luck, and seriously, seek professional assistance, I would suggest...

[c_kowtino]

Hey physicskate thanks a lot for answering. I didnt understand, you were eligible as a T2ICT while you were a trainee? Yeah indeed getting professional assistance would be my last resort, as the company told me that they are not willing to pay that much, so thats why at least i would like to know if im eligible for a Tier 2 ICT as a Graduate trainee, otherwise i would have to go to the Tier 2 General, which takes longer, more costs , etc.

Thanks in advance,

[physicskate]

Hey physicskate thanks a lot for answering. I didnt understand, you were eligible as a T2ICT while you were a trainee? Yeah indeed getting professional assistance would be my last resort, as the company told me that they are not willing to pay that much, so thats why at least i would like to know if im eligible for a Tier 2 ICT as a Graduate trainee, otherwise i would have to go to the Tier 2 General, which takes longer, more costs , etc.

Thanks in advance,

I was a graduate trainee teacher employed at a state school. The reason I think T2G is better is because you are not quite as restricted in switching posts (I think?) and it would count towards long term residency, if you decide during your year that this is something you would want to pursue.

If you have plans beyond the terms of your training outside the UK, just go for whichever one you qualify for. I am no expert and really don't know anything about the T2ICT graduate trainee visa.

Good luck.

[c_kowtino]

Hey physicskate thanks a lot for answering. I didnt understand, you were eligible as a T2ICT while you were a trainee? Yeah indeed getting professional assistance would be my last resort, as the company told me that they are not willing to pay that much, so thats why at least i would like to know if im eligible for a Tier 2 ICT as a Graduate trainee, otherwise i would have to go to the Tier 2 General, which takes longer, more costs , etc.

Thanks in advance,

I was a graduate trainee teacher employed at a state school. The reason I think T2G is better is because you are not quite as restricted in switching posts (I think?) and it would count towards long term residency, if you decide during your year that this is something you would want to pursue.

If you have plans beyond the terms of your training outside the UK, just go for whichever one you qualify for. I am no expert and really don't know anything about the T2ICT graduate trainee visa.

Good luck.

Thanks again physicskate, i will check it again and see whats my best option, because as i said, T2G is a longer way and more expensive, and i will just need 12 months as its a 12 months contract.

If anyone can add something would be nice, please.

Thanks in advance

[manci]

It is nor clear what your immigration position in the Netherlands is:
http://www.utwente.nl/ewi/tst/vacancies/internships.pdf
http://www.learn4good.com/travel/groups/work_permit.htm

As far as Tier 2 ICT is concerned the requirements for attributes are in Appendix A of the Immigration Rules, para 74C:
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

(a)(i) the applicant has been working for the Sponsor for the specified period in paragraph (b) below,
b) The specified period referred to in paragraph (a)(i) above is:
(i) a continuous period of 12 months immediately prior to the date of application, or

Are you "working" for the company in the Netherlands, i.e. are you receiving a salary? Are you a graduate and, if so, when did you graduate and where?

[c_kowtino]

Hi Manci, thanks for replying. Well, my visa status in the Netherlands is the next as i needed these to be able to complete a 1 year traineeship.

-1 year residence permit
-1 year work permit

Im a graduated of Financial Management in December 2011 in Mexico. And im receiving a salary of 952 euros per month as a trainee. I came thru an organisation name AIESEC (intermediary between companies and students - recent graduates) but im hired directly by the company, the organisation only bonds/links the company with the trainee. I have already been here in the company since april 2012 and my contract will end on april 2013. I know that for T2ICT short-long term i have to be at least 12 months before applying, but for the Graduate Trainee scheme it says at least 3 months before applying, so actually i can comply with that.

Thanks a lot again

[manci]

The UK company with a T2 ICT licence which is part of the Dutch organisation will have to assign a T2 ICT Short Term Staff CoS to you.
The process is via he SMS and is explained here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
On p12:

Tick to confirm the
migrant has worked
in your organisation
for the minimum
qualifying period *

Tick as appropriate.
The migrant will need to provide evidence of this with their
leave to enter or leave to remain application

Presumably there will be no problem with the Dutch company providing a letter confirming this.

Of course you will have to comply with all the other requirements as well.

[c_kowtino]

Manci,

Thanks, you just replied what i didnt find. The information you mention is something i already provided my employer, the problem is that i just wanted to be sure if i can be considered as an "employee" or that i "worked" to the company even if not a part of their real staff, as im a trainee. But yes, im receiving a "salary" like i mentioned.

The 2 schemes i was taking into consideration before i consider T2G (as i mentioned this involves more time and money) were actually T2ICT Short term or T2ICT Graduate trainee. The problem with T2ICT short term would be that i have to wait actually 12 months before applying, and that position should be occupied sooner, so maybe i was thinking in the T2ICT Graduate trainee as in that scheme i only have to proof that ive been working for the current employer for at least 3 months.

The company is an American bank with multiple subsidiaries around the world, one of them in the Netherlands and other in UK. I checked in the UKBA list and it has the Tier 2 General and Tier 2 ICT license, which really helps me to have more options.

Thanks in advance.

[manci]

Manci,

Thanks, you just replied what i didnt find. The information you mention is something i already provided my employer, the problem is that i just wanted to be sure if i can be considered as an "employee" or that i "worked" to the company even if not a part of their real staff, as im a trainee. But yes, im receiving a "salary" like i mentioned. In the end it is up to the company, they would have to assign the CoS and confirm in writing that you worked for the Dutch organisation for 12 months. In my opinion whether you work as a trainee or an employee is immaterial as long as you "worked", and you did work because they paid you €952 p.m.

The 2 schemes i was taking into consideration before i consider T2G (as i mentioned this involves more time and money) were actually T2ICT Short term or T2ICT Graduate trainee. The problem with T2ICT short term would be that i have to wait actually 12 months before applying, and that position should be occupied sooner, so maybe i was thinking in the T2 ICT Graduate trainee as in that scheme i only have to proof that ive been working for the current employer for at least 3 months. To apply as a Graduate Trainee you would need to be part of a structured graduate training programme.

The company is an American bank with multiple subsidiaries around the world, one of them in the Netherlands and other in UK. I checked in the UKBA list and it has the Tier 2 General and Tier 2 ICT license, which really helps me to have more options.

Thanks in advance.

[c_kowtino]

Hi Manci,

Actually i agree with you, im just trying to cover all the points where the UKBA could find any weakness and then they can delay or reject the visa application.

Lets say i apply for the Tier ICT Short term, shouldnt i proof that with 12 payslips? the only downside of that is that i have to apply until end of my contract and the position would have to wait a little bit more. Do you think its easier than applying thru the Graduate Trainee scheme? Because my employer wants me to go there because of everything i learnt here in the Netherlands and i can improve the office in Manchester.

Regards,

[manci]

If you apply for entry clearance as T2 ICT Short Term Staff you'll have to complete VAF9 and Appendix 5. Look at the forms to see what supporting documents are needed beside having a CoS. 12 month payslips will be required. Also check that your job is NQF6 and that the pay you are offered is at or above the minimum. Visa processing time in the Netherlands is max 5 days but check with the Embassy that you are eligible to apply in the Netherands (depends on your Dutch immigration status)

Applying as a T2 ICT Graduate Trainee depends on whether you are part of a "structured graduate training programme" which only you can tell. Read para 37 and 38 of the T2 policy guidance

[c_kowtino]

Manci,

Thanks a lot. I was really looking for that information that really could permit me to use the ICT as its way easier than the General. Anyway i will show the
General scheme to my employer so they can decide.

Best wishes in this new year to you and your beloved ones,

Regards,
Carlos

[manci]

Remember that the T2G route is fairly long winded. RLMT is required (takes 28 days) following which a restricted CoS has to be applied for. Decisions on restricted CoSs are only made once a month by UKBA.

[c_kowtino]

Hi Manci,

I have spoken with my employer and he told me that he is considering the easiest way Tier 2 ICT (Transfer skills) because its the most suitable and fast and that later i could apply to another position so to make the transition to T2G. The problem here is that this only lasts 6 months, and as far as i know it cant be extended. Do you think its a good idea? or should i tell him to go all the way with the Tier 2 ICT Short term staff?

Thanks and kind regards,
Carlos

[manci]

I think you have all the information on the rules in the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

How to proceed really depends on whether you see your long term future in the UK.
Keep in mind:
1. contrary to what the employer said you will not be able to switch from any T2 ICT category to T2G in-country

2. once you have been in the UK on T2 ICT you can only apply for T2G entry clearance from abroad after the cooling-off period has passed.

3. Cooling-off also applies to the T2 ICT Short Term (max. stay 12 month) and Skills Transfer (max. stay 6 month) categories EXCEPT when applying for entry cleaance in the T2 ICT Long Term Staff category. However, the latter requires £40k min. salary.

Although the process takes time, if you see your long term future in the UK applying for T2G entry clearance now would probably be the best option provided the job is NQF6 and they are offering you at least the min. salary required for the job SOC code. You would of course need a restricted CoS for this.