Apr 14 Change in Rules - Switching from T2 ICT to T2G

[manci]

There has been a change in the revised April 2014 Immigration Rules that went largely unnoticed and will affect those who had T2 ICT leave before 6 April 2011 and wish to switch to T2 General. This change has not been highlighted in the Explanatory Memorandum to the 13 March Statement of Changed (HC1138).

The new April 2014 Immigration Rule 245HE(a)(iv) has the term "Tier 2 Migrant" in it whereas the corresponding term under the previous rules would have been "Tier 2 (General) Migrant"

The effect of this change is that for those switching after 5 April 2014 the 6 year limit on total stay will be calculated from the date they obtained their initial T2 ICT leave rather than from the time of the switch which was the case under the pre-April 2014 Immigration Rules.

For example, a migrant whose initial leave was Tier 2 ICT granted in April 2010 and who wishes to switch to Tier 2 (General) after 5 April 2014 can only be granted max. 2 years leave in Tier 2 (General) as per Immigration 245HE(a)(iv). Under the previous version of the Immigration Rules the 6 years would have been calculated from the time of the switch and this migrant could have been granted max. 3 years leave initially extendable by a further max. 3 years to max. 6 years.

At present there is a discrepancy between the Immigration Rules and the T2 Policy Guidance in this respect. The HO confirmed that page 43 of the T2 Policy Guidance version 04/2014 is incorrect and will be revised.

[venkatasureshs]

Hi Manci,

Thanks for the detailed changes. I am falling in this bucket as my initial Tier2 ICT visa issued in Mar 2010 and converted my Visa to T2G recently.
I had my Tier2 General PEO appointment on 10th April , But Fees paid in March 2014,
I am expecting my BIO ID this week.
Will this rule applicable to me?
Hope there won't be any issues if i apply ILR next year?
Please advise.

[manci]

you applied and paid the fee online in March, so the new rule does not apply to you.
Btw - what length T2G leave did you apply for and get?

[venkatasureshs]

Hi Manci,

Thanks for the quick update.
I applied for 3 years leave to remain...I am waiting for my BRP and will update upon receiving it.

[venkatasureshs]

Hi Manci,

I got my BRP and got Visa for 3 years till 2017.

Thanks

[deeam9]

Hi Manci,

Thanks for the update on recent changes. Any updates on change of employment for tier 2 ict?

I was granted tier 2 ict in Jan 2013. Can I change employment under the tier 2 ict if another organization sponsors me now after the recent changes in the rules?

Many thanks
Dee

[manci]

unfortunately you cannot switch - there is no change in the rules in that regard

[imab]

Thanks for sharing.
So it no longer makes sense for people with Tier 2 ICT before Apr 2011 to switch jobs. Their stay would be capped with no provision of ILR (which was possible prior to these rules by spending 5 years in Tier 2 General).

Also, in such a case, the option for people with Tier 2 ICT before Apr 2011 to switch into Tier 2 General (available as per the rules) will become meaningless by Apr 2017 as they would have spent 6 years in UK.

[manci]

This sudden rule change, which was introduced without adequate warning, hits particularly those whose initial T2 ICT leave was granted under the rules 6 April 2010 - 5 April 2011 (Established Staff) and who had expectation of settlement if they switched to T2G. Those who had T2 ICT leave under the rules before 6 April 2010 are still eligible for ILR if they remain in this immigration category.

[deeam9]

Thanks Manci for your prompt response. It brings me to another question - is it possible for me who was given tier 2 ict in Jan 2013 to switch to any other category where it is possible to switch employment?

[manci]

@deeam9
unfortunately you cannot switch to T2G. The only possibility to take employment would be if you had a spouse with T2 leave, you could then become his/her dependant.

[t2query]

Hi Manci,

Thanks a lot for your information / update which is very useful.

My original visa was issued on issued in 20 April 2010 as Tier 2 (ICT) Established Staff. This got extended in the UK as Tier 2 (ICT) Long term till April 2014. If I want to apply for a Tier 2 General visa from outside the UK (from India), does the cooling off period of 1 year, is that applicable in my case?

Thank you.

[manci]

deleted

[t2query]

Thanks a lot Manci for your quick response.

I got the following from some other source.

Tier 2 ICTs approved between 6th April 2010 and 5th April 2011
Do not need to meet the 12 month cooling off period to return to the UK as a Tier 2 migrant.

But going by what you have mentioned cooling off period is applicable in my case. Would you please confirm.

Thank you once again.

[manci]

@t2query
what you refer to ("the other source") would be the case if you applied for T2 ICT LTS entry clearance but for T2G entry clearance you would be subject to cooling off. See Immigration Rule 245HB(g):
https://www.gov.uk/government/uploads/s ... MASTER.pdf

You are eligible to switch in the UK without cooling-off but according to the new rule you could only get max 2 years T2G leave (because you would hit the 6 year ceiling).

[t2query]

Thank you once again Manci.
Your quick reply is much appreciated.

[imab]

@manci
In case of t2query, would the cooling off period been applicable if he/she was on a T2 Dependant visa?
In other words, isT2 Dependant also considered as a T2 Migrant or seen as say 'family member / dependant' of T2 Migrant? As per rule 245HB(g), cooling off period would apply to T2 Migrants seeking entry as T2G.

[imab]

This sudden rule change, which was introduced without adequate warning, hits particularly those whose initial T2 ICT leave was granted under the rules 6 April 2010 - 5 April 2011 (Established Staff) and who had expectation of settlement if they switched to T2G. Those who had T2 ICT leave under the rules before 6 April 2010 are still eligible for ILR if they remain in this immigration category.

Yes, lack of adequate warning and an explicit announcement. Atleast, I was introduced to the rule change by this post.
I beleive people granted entry under rules from 6 April 2010 - 5 April 2011 as T2 ICT (Established Staff) can still expect to settle under 10 year 'long residence' rule. However, that would now mean seving the same employer for 10 years. If someone can do that, they deserve much more than settlement. Maybe a seat in House of Lords.

[manci]

@manci
In case of t2query, would the cooling off period been applicable if he/she was on a T2 Dependant visa?
In other words, isT2 Dependant also considered as a T2 Migrant or seen as say 'family member / dependant' of T2 Migrant? As per rule 245HB(g), cooling off period would apply to T2 Migrants seeking entry as T2G.

PBS Dependants are not T2 migrants, i.e. cooling-off does not apply to them

[t2query]

Hi Manci,

Can my dependent spouse apply for a Tier 2 General in the UK now as per the new rules. If yes, for how many years maximum she could get her Tier 2 General visa?

Thank you.

[imab]

@manci - many thanks
@t2query - as your query is related to mine, i am able to share the following - your wife would have to apply from home country. She cannot apply from within UK. However, she will not be subject to 12 month cooling off period. You can then switch to T2 Dependant without being subjected to any cooling off.

[manci]

@t2query
your souse can only apply for T2G entry clearance from home country with a restricted CoS. Max initial leave 5 years.

[deepakpareek]

Hi Manci,

I am on Tier 2 ICT Long Term Staff Partner ( Dependant) visa. My visa start date is May 2013 and End Date is 30 April 2015. I got a permanent job here in UK on Jan ,2014 with a reputed company . I was recruited following the standard process of getting a call from recruitment agency in Dec 2013 and then going through the Interview process in Jan 2014 where I was shortlisted and selected.
Now, I have asked my manager and HR to process the switching of my visa to Tier 2 General. The HR has responded that they will need to carry out the RMLT process for this. And have asked me to gather exact information on what is required. Only then can they provide me a COS . Hence, Can you please provide answers to the followi g questions?
Q1) Can I ask the company to use the I terview process details and documents through which I was recruited as the RMLT proof or they need to carry out a new RMLT?
Q2) My HR has asked me to get exact information on the visa process only after which they can provide me COS. So, can you please tell me tbe exact process applicable in my case?

Will really appreciate your quick reply as my HR is expecting a quick reply and I do not want to miss out on this narrow window of opportunity.
Thanks in advance

[manci]

@deepakpareek
is your employer a T2G licenced sponsor?
you can check here:
https://www.gov.uk/government/uploads/s ... -04-17.pdf

[deepakpareek]

@Manci,

Yes, my employer is there in list. Please help answer questions in my previous post.