TIER2 (ICT) to other VISA categories & finally ILR Need

[sk26box]

Hi,

I am currently in Tier (ICT) long term VISA (issued in May 2012). I know I cannot convert this to ILR (UK PR). My questions are below:

1. As I am also planning to do my MBA here in the UK, can I switch to Tier4 and then after 1 year to Tier2 General. I have heard that there is a cooling off period of 1 year between Tier2 ICT and Tier2 General. Can the cooling off period be the time when I am in Tier4 within UK. I have to make my MBA applications and really need clarity on this.

2. If my wife gets a Tier2 General and I become a dependent, can I apply for tier2 general for myself after a year. Here the cooling off period is again in the UK but as a dependent.

A prompt help would be highly appreciated.

Regards
SS

[zoko37]

1. As I am also planning to do my MBA here in the UK, can I switch to Tier4 and then after 1 year to Tier2 General. I have heard that there is a cooling off period of 1 year between Tier2 ICT and Tier2 General. Can the cooling off period be the time when I am in Tier4 within UK. I have to make my MBA applications and really need clarity on this.

I discussed a similar question, somewhere on the same lines with a solicitor few months back and i was informed that it is possible to switch from Tier 2 ICT to Tier 4 inside the UK and after course completion (say 1.5 years) jump to T2G (if things go as expected and you find a sponsor). Once you complete 10 years of continuous stay in the UK you will be eligible to apply for ILR under the 10 year route. I hope the rules don't change by then.

[sk26box]

1. As I am also planning to do my MBA here in the UK, can I switch to Tier4 and then after 1 year to Tier2 General. I have heard that there is a cooling off period of 1 year between Tier2 ICT and Tier2 General. Can the cooling off period be the time when I am in Tier4 within UK. I have to make my MBA applications and really need clarity on this.

I discussed a similar question, somewhere on the same lines with a solicitor few months back and i was informed that it is possible to switch from Tier 2 ICT to Tier 4 inside the UK and after course completion (say 1.5 years) jump to T2G (if things go as expected and you find a sponsor). Once you complete 10 years of continuous stay in the UK you will be eligible to apply for ILR under the 10 year route. I hope the rules don't change by then.

Hi Zoko
Thanks a lot for the reply. Sorry but I am not aware of the 10 year rule, what I thought instead was 5 years from the time I start on my Tier2 General. It would help if you advice on the 10 year rule and when does the 10 year start, is it my total stay in the UK regardless of which VISA I was or 10 years from when I switch to Tier2 General.

[manci]

It would help if you advice on the 10 year rule and when does the 10 year start, is it my total stay in the UK regardless of which VISA I was or 10 years from when I switch to Tier2 General.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[sk26box]

It would help if you advice on the 10 year rule and when does the 10 year start, is it my total stay in the UK regardless of which VISA I was or 10 years from when I switch to Tier2 General.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hi Manci,

Thanks a lot for the document, which indeed is of help. However, my query remains is why I cannot apply ILR after 5 years of Tier2 General. I will tell my entire immigration history. I started May 2012 on Tier ICT (Longterm). I plan to join Masters (Tier4) in August 2014 and it will continue until August 2015. Assuming I get Tier2 in August 2015 then I can apply ILR on August 2020.
BUT in the 10 year route it is May 2022 (i.e. 10 yrs from May 2012).


Regards
Sachin

[manci]

You will be eligible to apply for ILR after 5 years on T2G, i.e. in 2020, but you will need a min. salary of £35k (which may iincrease before then):
http://www.ukba.homeoffice.gov.uk/visas ... t/#header2

You asked for information about the 10 year route to settlement and you now also have that.

Note that all this is a long time into the future and the rules may change.

[sk26box]

You will be eligible to apply for ILR after 5 years on T2G, i.e. in 2020, but you will need a min. salary of £35k (which may iincrease before then):
http://www.ukba.homeoffice.gov.uk/visas ... t/#header2

You asked for information about the 10 year route to settlement and you now also have that.

Note that all this is a long time into the future and the rules may change.

Thanks Manci, that's really a great piece of guidance from your side and clarifies things for me. Please share if there is any policy guidance link which mentions the INCOUNTRY cooling off period between Tier2 ICT and Tier2 General, which in my case is the Tier4 Study period. I just want to be 100% safe with all policy guidance docs before I plan for my future. Thanks a lot for your prompt replies and the tremendous help and suggestions provided

Regards
SS

[manci]

Cooling off is ONLY for entry clearance applications, see Imigration Rule 245HB.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
There is no such thing as in-country cooling off

[sk26box]

Cooling off is ONLY for entry clearance applications, see Imigration Rule 245HB.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
There is no such thing as in-country cooling off

Thanks Manci. I understand the cooling off terminology better now. My only concern was that as my ICT is from May 2012 to May 2015 and I plan to switch to Tier4 in August 2014 in UK (incountry) and then later apply for Tier2 General in August 2015 whether all this is OK and possible without leaving the country as per current rules and my past Tier2 ICT will not create any problems for me to apply for Tier2General in August 2015 finally. Hope it is possible..

Thanks Again for such a good support

Regards
SS

[manci]

When you switch to T4 your T2 ICT leave will be cancelled.

[sk26box]

When you switch to T4 your T2 ICT leave will be cancelled.

Perfect. Thanks a lot for such prompt replies. I am clear now

[sk26box]

Thanks Manci for your previous replies. Sorry but I am a little confused. After speaking to some colleagues, I again got the question whether I can switch from Tier2 ICT (Long Term) Issued in May 2012 to Tier4 (General) within the UK or do I have to go back to my home country for entry clearence.

Regards
SS

[manci]

please see the T4 policy guidance p9:
https://www.gov.uk/government/uploads/s ... idance.pdf