Changing from Tier 2 ICT Long Term to Tier 2 General

[subhdey]

Hi,
I have came to UK on Short Term ICT Tier 2 VISA in 2012. Then I went back to my home country and came back again within 1 month on Long Term ICT Tier 2 VISA. Both of them for the same Multinational Company.

Now, I have got a job offer from another local company based in UK, who is offering me to provide COS, as well as they are okay to do a resident market test about the job role. My question is:

1) Can I switch job while on ICT Tier 2 Long Term VISA
2) Can I switch to Tier 2 General VISA?

Thanks in advance for your reply.

SD

[manci]

1. No (unless your T2 ICT Long Term Staff visa had been isued before 06/04/2011).

2. No. You would have to return to your home country and would not be able to apply for T2G entry clearance for 12 months (cooling-off) unless your pay was £152,100 p.a. or more

[subhdey]

Hi Manci,

Thanks for the quick reply. Can I please draw your attention to the following link?
http://www.ukba.homeoffice.gov.uk/visas ... onditions/

In the "Changing your job" section, it refers that if someone on Tier 2 ICT, is changing employment then he need to apply for Change of Emplyment.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Now in the following page
http://www.ukba.homeoffice.gov.uk/visas ... /applying/

under More Information -> CAn you switch to Tier2 (General), it is mentioned "Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor" is eligible... I really don't understand what "established staff" means in this case.

Appreciate your reply.

Thanks
SD

[physicskate]

Hi Manci,

Thanks for the quick reply. Can I please draw your attention to the following link?
http://www.ukba.homeoffice.gov.uk/visas ... onditions/

In the "Changing your job" section, it refers that if someone on Tier 2 ICT, is changing employment then he need to apply for Change of Emplyment.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Now in the following page
http://www.ukba.homeoffice.gov.uk/visas ... /applying/

under More Information -> CAn you switch to Tier2 (General), it is mentioned "Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor" is eligible... I really don't understand what "established staff" means in this case.

Appreciate your reply.

Thanks
SD

From your first link:
"When your permission to stay expires, you must leave the UK. You will not be able to apply to return here under Tier 2 (Intra company transfer) for 12 months after your permission expires unless you:
are applying for entry clearance in the Tier 2 (Intra companytTransfer) long-term staff sub-category having, or last having leave in Tier 2 (Intra company transfer) short term staff, graduate trainee or skills transfer sub-categories, or under the Rules in place before 6 April 2011; or
can provide evidence of having left the UK 12 months ago or longer and not having entered the UK using Tier 2 leave subsequently or will earn more than £152,100 per year.


If you applied under the Tier 2 (Intra company transfer) category before 6 April 2010, or if you switch into that category from being an intra-company transferee work permit holder, you may be able to apply for settlement when you have been here for some time. The Settlement page contains more information."

Established staff is an obsolete subcategory of T2ICT.

Look at the bottom of this link:
http://www.ukba.homeoffice.gov.uk/visas ... igibility/
"If you currently have permission to stay in the UK under any of the following immigration categories, you can apply to Tier 2 (General) from inside the UK:
any Tier 1 category
Tier 2 (Sportsperson)
Tier 2 (Minister of religion)
Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor
"

This means you cannot apply within the UK, ipso facto you are subject to the 12 month cooling off.

[subhdey]

Thank you Kate.

From my first link, I was refering to my question of whether I can switch job in current Tier 2 ICT which has been issued in 2012. I am asking whether switching job is possible. My Tier 2 ICT long term is valid for another 3 yrs with 2 yrs extension, so I can well continue in the new job.

For Tier 2 General I understand that I have to serve the cool-off (1 yr) before switching from Tier 2 ICT to Tier 2 general or I need to show a salary more than 152K in CoS

Regards,
Subha

[physicskate]

For Tier 2 General I understand that I have to serve the cool-off (1 yr) before switching from Tier 2 ICT to Tier 2 general or I need to show a salary more than 152K in CoS

Regards,
Subha

You've answered your own question... or was there another one that I missed?

After serving the one year cooling off out of the UK, you would need to lodge a fresh application for a Tier 2 General and your new employer would need to issue you an RCoS.

[subhdey]

Thanks Kate..
What is RCOS by the way?

So to summarize here is what I am doing:
1) Switch the employer under the current ICT Tier 2 Long term issued last month.
2) Apply Change of employment with Home Office with the new CoS
3) Go back to home country after 5 years, stay there for another year and apply Tier 2 General with the COS, unless my employer offers me salary more than 152K

Would appreciate if you can point out any mistakes.

Regards,
Subha

[physicskate]

Thanks Kate..
What is RCOS by the way?

So to summarize here is what I am doing:
1) Switch the employer under the current ICT Tier 2 Long term issued last month.
2) Apply Change of employment with Home Office with the new CoS
3) Go back to home country after 5 years, stay there for another year and apply Tier 2 General with the COS, unless my employer offers me salary more than 152K

Would appreciate if you can point out any mistakes.

Regards,
Subha

You cannot switch employers under Tier 2 ICT from within the UK. You must have already been working for them.... ICT stands for intra-company transfer, ie, within one company from outside the UK to inside the UK.

RCoS is a Restricted Certificate of sponsorship. This is the certificate needed for entry clearance with Tier 2 G.

Planning so far ahead with these immigration rules is madness, quite frankly. These seem to move the hurdles every few months... so five years ahead seems silly.

If you want to get a Tier 2 general, you seem to have understood that you need to serve the cooling off (unless of course you are paid above £152100). Your plan doesn't make sense to me at all, but maybe it does to others?

[sms1978]

Hi All/Mansi,

I have ICT 2 long term staff migrant visa issued in july 2013 an valid till 2016.I would request you to please reply on the below scenarios. i am currently in india as my project got over withing 5 months, but the visa is still valid.

1.Now if i get valid COS, then Can i switch from ICT 2 to ICT general if i get vallid visa
2. can i switch to ICT 2 to ICT 2(umbrella company0) where in i can be on their payroll and they depoloy to cleint place?

Does above require cooling period?

Thanks
Shankar

[sms1978]

Hi All/Mansi,

I have ICT 2 long term staff migrant visa issued in july 2013 an valid till 2016.I would request you to please reply on the below scenarios. i am currently in india as my project got over withing 5 months, but the visa is still valid.

1.Now if i get valid COS, then Can i switch from ICT 2 to ICT general if i get vallid visa
2. can i switch to ICT 2 to ICT 2(umbrella company0) where in i can be on their payroll and they depoloy to cleint place?

Does above require cooling period?

Thanks
Shankar

[t2ict]

Hi,

The thumb rules are:

1. Those who had entry clearances with Work Permit / ICT Migrant visa before 06th april 2010 are eligible to switch into T2 General switch and also eligible for ILR if they have continuous 5 years stay in the UK.

2. Those who had entry clearances with ICT Established visa in between 06th april 2010 and 6th april 2011 are eligible to switch into T2 General in/out country switch (without any cooling off conditions), but NOT eligible for ILR. Also they could continue extending their ICT visa category without any limits. Also once they switch into T2 General, their ILR clock with ICT visa will be reset and the 5 years ILR counter starts again with the new T2 General visa.

3. Those who had entry clearances with ICT visa (short or long-term)after 06th april 2011 are NOT eligible to switch into T2 General in/out country switch and are subject to 12 months cooling off conditions. Also they CAN NOT continue extending their ICT visa category after 5 years and have to return back to their home country and subject to 12 months cooling off conditions before they apply for any other Tier 2 visa category.

Hope these helps you.

Hi All/Mansi,

I have ICT 2 long term staff migrant visa issued in july 2013 an valid till 2016.I would request you to please reply on the below scenarios. i am currently in india as my project got over withing 5 months, but the visa is still valid.

1.Now if i get valid COS, then Can i switch from ICT 2 to ICT general if i get vallid visa
2. can i switch to ICT 2 to ICT 2(umbrella company0) where in i can be on their payroll and they depoloy to cleint place?

Does above require cooling period?

Thanks
Shankar

[manci]

@t2ict
"switching" means changing immigration status in-country, i.e. it is not possible to "switch" from abroad. From outside the UK only entry clearance can be applied for and then cooling-off kicks in.
@sms1978
Your company would/should have reported to the HO that you no longer work for them in the UK and as a consequence your visa has been or will be curtailed to 60 days. The HO will or has already informed you of this but since you are not in the UK you would not have received their letter. Once your visa is curtailed you cannot use it to enter the UK.

[sms1978]

Hi Manci/All,
Subject: Switching from Tier 2 ICT Long term to Tier 2 General
Visa stamped: July 2013 till August 2016

I was in UK from Sept 2013 till Dec 2013 and left country in Dec as the assignment got over. I have got letter from UK Visa and Immigration Curtailment team mentioning below:

"You were granted leave to enter as a Tier 2 migrant until 31 Aug 2016 in order to undertake employment at X company. However, the home office was informed by X that you ceased to be employed by them.

Home office records have been checked and there is no evidence that you have made as application to change your sponsor or made a fresh application for entry clearance,leave to enter or leave to remain in UK in any capacity.

Therefore as you have ceased employment as notified your Tier 2 Sponsor you leave is curtailed until 26 May 2014.
Before your current leave to enter expires you must either leave the UK or submit a fresh application for leave to remain.
If you leave UK your leave to enter will lapse and you may require a visa to enter the UK"

Since they have mentioned that I have not applied for change of sponsor.....can I change sponsor without serving the cooling period??
Should i apply for change or sponsor/File a fresh tier 2 without serving cooling period?


Thanks
Shankar

Please advise.

[sms1978]

Hi Manci/All,
Subject: Switching from Tier 2 ICT Long term to Tier 2 General
Visa stamped: July 2013 till August 2016

I was in UK from Sept 2013 till Dec 2013 and left country in Dec as the assignment got over. I have got letter from UK Visa and Immigration Curtailment team mentioning below:

"You were granted leave to enter as a Tier 2 migrant until 31 Aug 2016 in order to undertake employment at X company. However, the home office was informed by X that you ceased to be employed by them.

Home office records have been checked and there is no evidence that you have made as application to change your sponsor or made a fresh application for entry clearance,leave to enter or leave to remain in UK in any capacity.

Therefore as you have ceased employment as notified your Tier 2 Sponsor you leave is curtailed until 26 May 2014.
Before your current leave to enter expires you must either leave the UK or submit a fresh application for leave to remain.
If you leave UK your leave to enter will lapse and you may require a visa to enter the UK"

Since they have mentioned that I have not applied for change of sponsor.....can I change sponsor without serving the cooling period??
Should i apply for change or sponsor/File a fresh tier 2 without serving cooling period?

Also they have Not mentioned anything like i need to sever cooling period.

Thanks
Shankar

Please advise.

[mmhrj2506]

During the cooling off period do you have to return to your home country specifically or can go to another country and then re-apply for Tier 2 General visa?

[CR001]

During the cooling off period do you have to return to your home country specifically or can go to another country and then re-apply for Tier 2 General visa?

Kindly refrain from digging up 3 year old topics. Suggest start your own topic with your own questions please, if you don't already have one.