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Want to leave company - on a Tier 2 ICT

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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Mxp6427
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Joined: Thu Jan 12, 2017 4:36 pm

Want to leave company - on a Tier 2 ICT

Post by Mxp6427 » Thu Jan 12, 2017 4:58 pm

I'm looking to switch employers at the moment and would really appreciate some help on understanding what my options are. I think I have the following options, but could really use the expertise of this board!

I have a Canadian passport and currently on a Tier 2 ICT visa sponsored by my company. It is a 5 year visa which was issued on Nov 2014. I unfortunately do not have any family or ability to apply for a UK/EU passport.

Option 1: Switch sponsors on current Tier 2 ICT
- can I switch CoS / get a new company to sponsor me on the same Tier 2 ICT?
- if yes, am I correct that I must switch the CoS allocation while in the uk? I don't need to go back to canada to do it correct?
- if yes, will I only have 3 years eligibility to work for the new company because 2 of the 5 years have already been complete on my current visa?
- if yes, can I apply for an extension on this visa? And is it easy to do? How long would the extension be for?
- if yes, am I correct that I need to remain employed by my current employer at the time of switching sponsors to the new company because I will risk having to go back to canada and wait 12 months for the cooling off period before re-entering the uk?
- is swicthing CoS allocation/sponsors easy to do? How long does it take?
- do I only resign after I have successfully reassigned my CoS?

Option 2: Switch to a Tier 5 youth mobility visa
- I am currently 30 years old and as per CANADIAN agreements with the uk, I am eligible to apply for a youth mobility visa before I turn 31. I understand I will need to apply for this visa in canada
- does the 12 month cooling off period apply if I am changing my visa to a Tier 5?
- does the youth mobility visa grant me permission to work for any company for up to 2 years? Regardless of how senior the role is?
- does it matter if I am still employed by my current employer at the time of changing the visa?
- I understand once I get approved for the Tier 5 visa and re-enter the UK, than my Tier 2 visa would be void effective immediately. Is this true?
- will I need to tell my current employer that I switch to a Tier 5 visa?
- if I find a new company and start working with them on a Tier 5 visa, can my new employer sponsor me back on to a Tier 2 visa within or after the 2 years? Will the 12 month cooling off period still apply or would the 2 years of me being on the tier 5 visa count towards the "cooling off" period?

Apologies for all the questions. I just want to make sure I am fully aware of all my options and what implications they may have.

Are there any other options available to me if I want to change employers but remain working in the UK?

Assuming both options are viable, is there a better one out of the two?

Thank you everyone!

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CR001
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Re: Want to leave company - on a Tier 2 ICT

Post by CR001 » Thu Jan 12, 2017 5:10 pm

Option 1: Switch sponsors on current Tier 2 ICT
- can I switch CoS / get a new company to sponsor me on the same Tier 2 ICT? You cannot switch to Tier 2 General in the UK.

- if yes, am I correct that I must switch the CoS allocation while in the uk? I don't need to go back to canada to do it correct? You need to apply from home country and the 12 month cooling off period will apply to you.

- if yes, will I only have 3 years eligibility to work for the new company because 2 of the 5 years have already been complete on my current visa? No, Tier 2 ICT does not lead to ILR and cannot be included in the 5 year residence period required for Tier 2 General.

- if yes, can I apply for an extension on this visa? And is it easy to do? How long would the extension be for? On Tier 2 General yes.

- if yes, am I correct that I need to remain employed by my current employer at the time of switching sponsors to the new company because I will risk having to go back to canada and wait 12 months for the cooling off period before re-entering the uk? You are subject to the 12 month cooling off period anyway. You can only switch sponsor within the UK if you switch from one Tier 2 General to another Tier 2 General.

- is swicthing CoS allocation/sponsors easy to do? How long does it take? It varies, but because of the cooling off period, it might make it more difficult.

- do I only resign after I have successfully reassigned my CoS?
Option 2: Switch to a Tier 5 youth mobility visa
- I am currently 30 years old and as per CANADIAN agreements with the uk, I am eligible to apply for a youth mobility visa before I turn 31. I understand I will need to apply for this visa in canada Correct

- does the 12 month cooling off period apply if I am changing my visa to a Tier 5? No

- does the youth mobility visa grant me permission to work for any company for up to 2 years? Regardless of how senior the role is? Correct

- does it matter if I am still employed by my current employer at the time of changing the visa? Not sure

- I understand once I get approved for the Tier 5 visa and re-enter the UK, than my Tier 2 visa would be void effective immediately. Is this true? Yes, you cannot hold two UK visas under the UK immigration rules at the same time.

- will I need to tell my current employer that I switch to a Tier 5 visa? It would be polite to do so as they are your sponsor.

- if I find a new company and start working with them on a Tier 5 visa, can my new employer sponsor me back on to a Tier 2 visa within or after the 2 years? Will the 12 month cooling off period still apply or would the 2 years of me being on the tier 5 visa count towards the "cooling off" period? Yes, not cooling off period will apply.
Apologies for all the questions. I just want to make sure I am fully aware of all my options and what implications they may have.

Are there any other options available to me if I want to change employers but remain working in the UK? Only UK Ancestry if you have a UK born grandparent or Tier 1 Entrepreneur if you have £200k to invest in a business or a British partner for a spouse visa.
Char (CR001 not Casa)
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