T2ICT granted<2010 to T2G Switching Attn. GURUS! URGENT

[t2ict]

Gurus,

Could you please clarify my doubt ? It's VERY Urgent !

I've entered into the UK with T2 ICT before April 2010 rules, since then working for the same employer and my recent status is T2 ICT Long Term due to visa renewals inside of the UK in 2012 and is valid until 03 Jan. 2014.

I have now found a sponsor for in-country switch into T2 General and if the job start date for the new sponsor is 06 Feb. 2014. I have 3 months notice period to serve and do i need to go back to offshore to serve part of notice before 03 Jan.2014 or am i allowed to continue to stay until the new sponsor's joining date ?

Please let me know, as it's VERY VERY Urgent.

Thanks.

[t2ict]

Gurus,

Pls...Pls...need your guidance on this query. Please help me out !

[manci]

More info needed:

is the new job NQF level 6 with a salary at least the minimum required?

has the new sponsor carried out a RLMT?

have you been assigned a new CoS yet?

have you given notice in your current job?

on what date did you first enter the UK on your T2 visa?

are you planning to apply for ILR when you become eligible?

does your current employer, or you, not wish your current employment to continue beyond 03/01/2014?

[t2ict]

More info needed:

is the new job NQF level 6 with a salary at least the minimum required? Yes

has the new sponsor carried out a RLMT? No, it's Unrestricted CoS, as it's in SOC list

have you been assigned a new CoS yet? either by today or tomorrow

have you given notice in your current job? Not yet, based on CoS application

on what date did you first enter the UK on your T2 visa? 04 Nov. 2009

are you planning to apply for ILR when you become eligible? Yes

does your current employer, or you, not wish your current employment to continue beyond 03/01/2014? Both wants to continue beyond that period, but thought as it's expiring on 03 Jan. 2014 do i need to go out of the UK and re-enter again, as my new sponsor start date could be around 27th Jan. 2014 or am i allowed to stay in the UK beyond 03 Jan. 2014 if the new sponsor visa to T2G is approved?

[manci]

More info needed:

is the new job NQF level 6 with a salary at least the minimum required? Yes

has the new sponsor carried out a RLMT? No, it's Unrestricted CoS, as it's in SOC list
do you mean that the job is on the shortage occupation list?

have you been assigned a new CoS yet? either by today or tomorrow

have you given notice in your current job? Not yet, based on CoS application

on what date did you first enter the UK on your T2 visa? 04 Nov. 2009

are you planning to apply for ILR when you become eligible? Yes

does your current employer, or you, not wish your current employment to continue beyond 03/01/2014? Both wants to continue beyond that period, but thought as it's expiring on 03 Jan. 2014 do i need to go out of the UK and re-enter again, as my new sponsor start date could be around 27th Jan. 2014 or am i allowed to stay in the UK beyond 03 Jan. 2014 if the new sponsor visa to T2G is approved?

[t2ict]

More info needed:

is the new job NQF level 6 with a salary at least the minimum required? Yes

has the new sponsor carried out a RLMT? No, it's Unrestricted CoS, as it's in SOC list
do you mean that the job is on the shortage occupation list? Yes it's in shortage occupation list in the latest guideline valid from 01 Oct. 2013

have you been assigned a new CoS yet? either by today or tomorrow

have you given notice in your current job? Not yet, based on CoS application

on what date did you first enter the UK on your T2 visa? 04 Nov. 2009

are you planning to apply for ILR when you become eligible? Yes

does your current employer, or you, not wish your current employment to continue beyond 03/01/2014? Both wants to continue beyond that period, but thought as it's expiring on 03 Jan. 2014 do i need to go out of the UK and re-enter again, as my new sponsor start date could be around 27th Jan. 2014 or am i allowed to stay in the UK beyond 03 Jan. 2014 if the new sponsor visa to T2G is approved?

[manci]

Assuming your CoS is assigned following which you apply for the new leave before your current leave expires on 3 Jan 2014, and leave is granted from 27 Jan (when the new job starts), you can certainly stay in the UK beyond 3 Jan 2014 but not continue working for your current sponsor. Continuity of residence for ILR will be maintained.

To give notice before you have approval of the new leave from the HO would not be safe because one cannot exclude the possibility that that new leave will not be granted for whatever reason.

Even if your new leave is granted it may be problematic to travel in the period between 3 Jan 2014 and the start date of the new leave but I'm not 100% certain on this point.

[t2ict]

Assuming your CoS is assigned following which you apply for the new leave before your current leave expires on 3 Jan 2014, and leave is granted from 27 Jan (when the new job starts), you can certainly stay in the UK beyond 3 Jan 2014 but not continue working for your current sponsor. Continuity of residence for ILR will be maintained.

To give notice before you have approval of the new leave from the HO would not be safe because one cannot exclude the possibility that that new leave will not be granted for whatever reason.

Even if your new leave is granted it may be problematic to travel in the period between 3 Jan 2014 and the start date of the new leave but I'm not 100% certain on this point.

Manci...thx for the detailed clarifications. For the last point, could you please refer the page no. 27 of the below ILR policy guidance link:

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

If i leave & return to the UK by 28 days of last expired leave (i.e.,03 Jan. 2014), it says ILR continuity will be maintained. Am i interpreting correctly ? Pls let me know.

[manci]

the passage you quoted reads:

applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or

You will not have new entry clearance, you will have new leave to remain. It may be OK to re-enter with the new BRP without breaking continuity (provided you receive it in time and it is valid on the day you want to travel) but that is not what this passage refers to.