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PEO Enquiry for Switch from Tier 2 ICT to Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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SUNNYLON
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Joined: Sun Aug 18, 2013 12:46 pm
Location: United Kingdom

PEO Enquiry for Switch from Tier 2 ICT to Tier 2 General

Post by SUNNYLON » Sun Aug 18, 2013 12:56 pm

Hi All,

I have been working as part of Indian IT provider under Tier 2 ICT category ( for last 3 years ) in UK based company ( say X). Now, company X has sponsored me and I filed an application switch from Tier 2 ICT to Tier 2 General. As my VISA was before, 6th of April 2011, I am eligible under the law to switch. I took premium appointment and had visited Croydon PEO on 16th of August 2013.
Unfortunately, they have issued a letter to me stating that 'Application is valid but they want to make further enquiries into the application". I do not have any criminal or offensive background details. Can someone please help me to understand if this is because i am not allowed by law to switch to company X from Tier 2 ICT to Tier 2 General. or is there any other reason for enquiry ?

TIA.

geriatrix
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Re: PEO Enquiry for Switch from Tier 2 ICT to Tier 2 General

Post by geriatrix » Sun Aug 18, 2013 2:18 pm

SUNNYLON wrote:Can someone please help me to understand if this is because i am not allowed by law to switch to company X from Tier 2 ICT to Tier 2 General.
I believe that is indeed the case.

See 245HD(c)(iii).
Life isn't fair, but you can be!

SUNNYLON
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Posts: 4
Joined: Sun Aug 18, 2013 12:46 pm
Location: United Kingdom

Post by SUNNYLON » Sun Aug 18, 2013 2:31 pm

Thank you sir for responding to my post.

I feel, I have not stated the problem correctly which i am attempting to do now, as below:-

1) I am working for company A ( India based IT company)
2) Company A sponsored my Tier 2 ICT and sent me to London and gave me a project in Company X.
3) Company X is London based company.
4) While working in company X, they decide that they will hire me as full time employee of company X.
5) Company X then sponsors my VISA ( Tier 2 General ) and files the application to UKBA.

Rest of the story, as you know, has been pulled of for enquiries.
Can you please advise, if this is what you understood before and the same conclusion holds true, in the light that my sponsors are changing now.

Kindest Regards

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Sun Aug 18, 2013 2:54 pm

Ahh .... apologies!
In your opening post I mistook Company X to be your employer, rather than your client. Should have read more carefully. :oops:

Under what sub-category of Tier 2 (ICT) did you apply for entry clearance? If it was Tier 2 (ICT) as Established staff, then switching to Tier 2 (General) is possible.
Life isn't fair, but you can be!

SUNNYLON
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Posts: 4
Joined: Sun Aug 18, 2013 12:46 pm
Location: United Kingdom

Post by SUNNYLON » Sun Aug 18, 2013 3:10 pm

Hello Sir,

Thanks for the reply. Yes, i got my entry clearance ( in Nov 2010 ) under Tier 2 ICT - Established staff category.


Also, the UKBA has stated in there respond to me that 'Application is valid but they need further inquiry to be done and so it is referred to the enquiries team'.

As I do not have any criminal or offensive background throughout either in India ( my home country) or in UK in last 3 years, I am unable to understand the kind of inquiry which they would think, under the laws of UKBA, to be conducted on this application?

Kindest Regards

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