Short Assignments within UK Companies of same Organisation

[elecrobot]

Hi,

I am currently working under Tier 2 (General) for last three years and nine months in UK. My current leave to remain expires in July 2014 when I will be applying for Indefinite Leave to Remain (ILR). I have following two questions:

1) Suppose Company ‘A’ owns two companies i.e. Company B1 and Company B2. All these companies are based in UK. I am currently being employed by Company B1 in UK under Tier 2 (General). My sponsor i.e. Company B1 wants me to go and work for their sister company (which is also based in UK) i.e. Company B2 for one year and then comeback to Company B1 after finishing my one year assignment. I will be doing exactly the same job as I am currently doing for my current sponsor. My job title and salary will also remain the same. Is it legal to do this under my current leave to remain which is for Company B1 i.e. I go on a short assignment (within UK) and work for company B2 and then comeback to Company B1 after one year? Or do I need to make a new application and apply for a new leave to remain for Company B2?

2)If it’s ok to work for company B2 for one year on my current leave to remain (which is for Company B1) then I have another question. My current leave to remain will expire in July 2014. In July 2014, I will finish my 5 year term on Tier 2 (General) which will make me qualify to apply for ILR. I am planning to start my assignment in September 2013 which will finish in September 2014. Since my leave to remain will be expiring (in July 2013) before the end of my one year assignment, will I still be able to apply for ILR during my assignment? Since I will be working for Company B2 (whereas my leave to remain is for company B1) during my ILR application in July 2014, can this become a reason of rejection of my ILR application?

[manci]

1.
Company B1 can second you to company B2 provided that during the secondment they continue to be fully responsible for you incl. paying your salary, keeping your records and remaining your employer. They must inform UKBA of the change of your work address and if your contact details change you must also inform UKBA, see para 214 onwards of the T2 policy guidance.
2
the secondment will have no impact on your ILR application.