Tier-2 General visa eligibility criteria for Tier2 ICT short

ganesh.boil · Post by **ganesh.boil** » Fri Jun 28, 2013 7:46 pm

Hi Team,

Please help me in resolving my problem. I'm an Indian male aged 28. Currently working in UK (London) through ICT - Short term visa.

My client (whom I'm working through another company with ICT- Short term visa) is ready to hire me as a permanent employee and willing to sponsor my visa.

I'm ready to quit my present company and go back and apply for a new Tier-2 General visa. My current ICT visa was issued on August, 2012. And about to expire by end of July, 2013.

My current salary is: £35k

I have below questions:

1. Am I eligible to apply for a new Tier-2 General visa from India, immediately after going back to India?
2. Is there any cooling off period is required as I'm currently holding a Tier-2 ICT short term visa and it will expire by July end?
3. My client is having a Tier-2 general sponsorship permission, can he sponsor Tier-2 general visa for me as I'm currently working for him as a contractor through another company with Tier-2 ICT-Short term visa?

4. Can I apply for a Tier-2 General visa from UK itself, or should I go back to Indian then apply?

5. How long will it take to get the new tier-2 general visa?
6. Is it possible to get the application money back if my visa refused?
7. Is there anything which I have to consider before applying for a new Visa?

Please help me on these, I have gone through many documents and web sites but no one is giving straight forward answer.

Thanks & Regards,

Ganesh Boil

Post by **manci** » Fri Jun 28, 2013 10:14 pm

1. no
2. yes, 12 months
3. yes
4. no, yes
5. cooling-off
6. no

ganesh.boil · Post by **ganesh.boil** » Mon Jul 01, 2013 8:21 am

Hi Manci,
Thanks for your quick turn around.

I have a doubt on question1. ACtually one of my collegue had applied and got the Tier-2 General visa, before that he is having Tier-2 ICT visa.

As this is a new Tier-2 General visa sponsered by another company, so is that colling off period is applicable? I have read it is not applicable, but it is not clear. Could you please confirm? And is there any other visa which I need to come back without a colling off period?

UKBA documents says the below.

• a Tier 2 (Intra-Company Transfer) applicant in the Short Term Staff or Graduate
Trainee sub-categories will be granted leave for no longer than 12 months; at which
point you must leave the UK and

you will not be able to re-apply for further leave
under an Intra-Company Transfer category (other than in the Long Term Staff subcategory

or if you will be paid an annual gross salary of £152,100 or higher) until 12
months after your last leave as an Intra-Company Transfer expired or 12 months after
you left the UK, whichever is sooner.

In the above, they have mentioned only that I'm not eligible for same Tier-2 ICT short term. So that is why I had the doubt.

Your help is highly helpful for me.

Many Thanks,
Ganesh

Post by **manci** » Mon Jul 01, 2013 9:55 am

regarding your Q1 please refer to Immigration Rule 245HB (g):
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

ganesh.boil · Post by **ganesh.boil** » Mon Jul 01, 2013 12:47 pm

Thanks Manci. Now it got clear, I'm eligible to apply Tier-2 General immediately after going back to India only when my Salary is > 152k (Please correct me if my understanding is wrong on this).

But my current salary is 40k, so Is there any other Visa which I'm eligible to apply and work in UK immediately after going back to India? Like business Visa? Or visitor visa which allows me to work for couple of hours, because my client need my services in UK immediately after going back to India after expiration of my current Tier-2 ICT short term visa.

Please suggest me the feasable option to work in UK.

Thanks a lot for your time and quick response.

Regards,
Ganesh

ganesh.boil · Post by **ganesh.boil** » Mon Jul 01, 2013 3:04 pm

Hi Manci,

Can you please advise me for the above question?

Post by **manci** » Mon Jul 01, 2013 6:55 pm

as a business visitor you would not be allowed to work. See the permitted activities for business visitors here:
http://www.ukba.homeoffice.gov.uk/visas ... ctivities/

The only way you could avoid the cooling-off period would be to stay with your present sponsor/employer, get a new CoS from them as T2 ICT Long Term Staff and then apply for entry clearance. The min. salary incl. allowances would need to be £40,600 or the minimum for the job SOC code, whichever the higher.

ganesh.boil · Post by **ganesh.boil** » Mon Jul 01, 2013 7:27 pm

Yeah, Thanks for your reply Mancy.

But the problem is, I want to work for my client directly instead of a contractor. For that I have to quit my present company (who sponsered my current Tier-2 ICT short term visa) and have to join in my client company as their permanent employee. That is why I'm looking for another Visa type.

Is there any door opened for me?

Many Thanks,
ganesh

Post by **manci** » Mon Jul 01, 2013 9:13 pm

PBS dependant

ganesh.boil · Post by **ganesh.boil** » Mon Jul 01, 2013 10:32 pm

Thanks Nanci. if my salary increases >152k, am I eligible to apply tier2 general immediately?

Many Thanks,
ganesh

Post by **manci** » Tue Jul 02, 2013 7:34 am

245HB (g)(ii)

ganesh.boil · Post by **ganesh.boil** » Tue Jul 02, 2013 8:48 am

Hi Manci,

My understanding is, Yes I can apply for a Tier-2 General immediately after going back to india if my salary is >152k. Can you please correct me if my understanding was wrong?

Many Thanks,
Ganesh

ganesh.boil · Post by **ganesh.boil** » Tue Jul 02, 2013 9:21 am

Hi Manci,

Can you please confrim the above, I have to negotiate my salary with my employer, if I'm eligible to apply for a Tier-2 General visa immediately if my salary increases to 152k

Thanks in advance for your support.

Regards,
Ganesh

Post by **manci** » Tue Jul 02, 2013 10:50 am

yes, as per 245HB (g)(ii) - it is £152,100, not £152,000

ganesh.boil · Post by **ganesh.boil** » Tue Jul 02, 2013 10:55 am

Thanks a lot for your continious support Manci. This thread cleared all my doubts. Ones again thanks a lot for your patience and valuable suggestions.

Regards,
Ganesh

ganesh.boil · Post by **ganesh.boil** » Wed Jul 03, 2013 7:47 pm

Hi Nanci,

Thanks for your Support. As you knew, I'm working for company A who sponsored my Tier-2 ICT short term Visa.
Company A providing IT services to company B. So at present I'm working for company B through company A as a contractor.
Now company B wanted to hire me as their permanent employee. Let us assume my current company A can sponsor ICT long term Visa so that I can comeback immediately.
So is it possible for company B to hire me by a mutual bond/agreement with company A as company A is providing IT (information Technology) services to company B?

I mean by agreeing both the parties, Can I work as a permanent employee to company B?

Please give your valuable suggestions.
Many Thanks, Ganesh

Post by **manci** » Wed Jul 03, 2013 8:16 pm

ganesh.boil wrote:Hi Nanci,

Thanks for your Support. As you knew, I'm working for company A who sponsored my Tier-2 ICT short term Visa.
Company A providing IT services to company B. So at present I'm working for company B through company A as a contractor.
Now company B wanted to hire me as their permanent employee. Let us assume my current company A can sponsor ICT long term Visa so that I can comeback immediately.
So is it possible for company B to hire me by a mutual bond/agreement with company A as company A is providing IT (information Technology) services to company B?

I mean by agreeing both the parties, Can I work as a permanent employee to company B? No, you could not work as an employee of company B if company A sponsored you but if you returned to the UK as company A T2 ICT Long Term Staff company A could second you to company B

But of course company B could also sponsor you under T2 General without cooling-off if they offered you at least £152,100

Please give your valuable suggestions.
Many Thanks, Ganesh

ganesh.boil · Post by **ganesh.boil** » Wed Jul 03, 2013 9:09 pm

Hi Nanci,

Can you please elaborate "company A could second you to company B"?

It means like a contractor to company B or a Permanent employee to company B?

Who will maintain my payroll? Company A or B?

Thanks

Post by **manci** » Wed Jul 03, 2013 9:24 pm

ganesh.boil wrote:Hi Nanci,

Can you please elaborate "company A could second you to company B"?

It means like a contractor to company B or a Permanent employer to company B? company A has a contract to provide services to company B and seconds you to company B to do the work. You remain an employee of copmpany A who as sponsors are responsible for you to the HO

Who will maintain my payrole? Company A or B? A
Thanks

prakharsagne · Post by **prakharsagne** » Thu Jul 04, 2013 11:20 am

Hello Ganesh,

Even I have fallen into a situation like you are in. Is there a way that I can speak with you directly and discuss.

Appreciate any help from your end.

ganesh.boil · Post by **ganesh.boil** » Thu Jul 04, 2013 11:52 am

Send me your mobile number, Will call you

matrix1781 · Post by **matrix1781** » Tue Jul 09, 2013 1:27 pm

It gets more confusing...... I have a Tier 2 ICT long term staff . Obtained leave to remain in January 2012. I had a promotion so had to reapply for my visa this month. I have been looking for ways to change to Tier 2 general and asked around a lot. When I went to PEO yesterday and asked them the question if I could change from Tier 2 ICT to Tier 2 if I wanted to switch sponsors, they said yes. This is completely against what I have read on UKBA or any other website.

Do the gurus have any explanation?

Post by **manci** » Tue Jul 09, 2013 2:08 pm

what visa did you have before the current obe?

matrix1781 · Post by **matrix1781** » Tue Jul 09, 2013 3:13 pm

None. The one I got in 2012 was my first one.

Post by **manci** » Tue Jul 09, 2013 5:15 pm

matrix1781 wrote:None. The one I got in 2012 was my first one.

then what you had in Jan 2012 was not "leave to remain" but entry clearance and you are not eligible to switch from T2 ICT Long Term Staff to T2G in-country.

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Tier-2 General visa eligibility criteria for Tier2 ICT short

Tier-2 General visa eligibility criteria for Tier2 ICT short

Ganesh Boli, need to talk to you. Need your help

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