ICT visa - employed for a year by UK branch count?

[gfunk]

Hey Guys

Scenario: in the UK on tier 5 visa, worked for this company for a year, they have an australian office

when my visa runs out (4months) can I be transferred to the australian office, then come back over on an ICT visa meeting the requirement of working for the company for a year?

Or is there a way I can get hired by the australian office then shortly after get seconded to the UK office for 3+ years?



I was meant to be switching to a tier 2 general visa but they think that my role could easily be filled by a UK citizen.

[CR001]

To qualify for an ICT visa (even secondment), you must have been working for the Australian company in Australia for a full 12 months.

[gfunk]

To qualify for an ICT visa (even secondment), you must have been working for the Australian company in Australia for a full 12 months.

Hey, thanks for the quick reply.

What about if the Aus office employed me, sent me to the UK office but still on the Aus payroll for 6 months of the year.. then after a year we did the proper ICT is that allowed?

[CR001]

You cannot bend the rules and requirements, your visa application will fail otherwise. Even for 6 months, you still need a work category visa.

The requirement of 12 months employment in home country to qualify for ICT is not negotiable.

[gfunk]

yeah ok..

going back to the Tier 2 General visa, on the market test surely most people who get through on this could easily be replaced by UK citizens right? my work is worried that I can actually be replaced by a UK citizen

[CR001]

yeah ok..

going back to the Tier 2 General visa, on the market test surely most people who get through on this could easily be replaced by UK citizens right? my work is worried that I can actually be replaced by a UK citizen

That is why the full and proper RLMT process must be completed and HO can and do often ask for evidence of the EU/BC/ILR applicants to ensure the process was tailored for an existing employee to exclude all others. If you have specific skills or are highly skilled, then chances are probably good. Going from Tier 5 to a Tier 2 General with your existing employer will always be scrutinised as will any visa switch to Tier 2 General when an exiting employer wants to suddenly sponsor an employee as there is an element of 'pre-selection'.

I don't know what work you do but if it is not a NQF6 level job, you will likely face issues for Tier 2 General.

Do you not have any UK Ancestry (UK Born grandparent)?

[gfunk]

I don't know what work you do but if it is not a NQF6 level job, you will likely face issues for Tier 2 General.

Do you not have any UK Ancestry (UK Born grandparent)?

Thanks again for your help on this

I work in IT.. I have almost 10 years experience but no "pieces of paper" (formal qualifications)

My Grandpa fought in the British navy and has a heap of medals but that doesn't count.. He was not British

I also have a girlfriend here of 1+ years (the main reason I want to stay, she will be absolutely heartbroken) I looked at the family visa but we would basically have to get married.. If she comes back to Aus with me she would be throwing her career away

[CR001]

How long have you been living with your girlfriend (if you live together)?

A degree is not necessarily required for Tier 2 General.

[gfunk]

How long have you been living with your girlfriend (if you live together)?

A degree is not necessarily required for Tier 2 General.

We haven't lived together any amount of time yet

Personally I do have a unique set of skills, I'm spot on the £30k income mark, guess I just need to pressure my company to take the risk?

its annoying because 6+ months ago I told them I wanted to stay, they agreed they would *try* and sponsor me, they are only looking at the finer details now

[CR001]

Is your employer already an HO approved sponsor?

[gfunk]

yes

[CR001]

That is at least half of the hurdle then as they won't need to still apply for a license to sponsor.

[Frontier Mole]

Getting your company to take the risk as you put it is pretty stupid. If they already Sponsor other people that risk puts them at risk just to keep you in what sounds like a fair basic IT role.

[gfunk]

That is at least half of the hurdle then as they won't need to still apply for a license to sponsor.

My friends think I should see an immigration specialist, get them to look at the big picture and provide facts and recommendations then go back to my company and give them the findings - I know your sig says don’t PM but if you could recommend anyone in London feel free to.

Getting your company to take the risk as you put it is pretty stupid. If they already Sponsor other people that risk puts them at risk just to keep you in what sounds like a fair basic IT role.

I guess that wasn’t the best wording, my role is tricky because I’m basically an IT manager for a site office responsible for everything IT related but the position description is IT Support.. I’m sure we could put skills on the JD which I have that would narrow down applicants who have a similar set, without making it too obvious its tailored for me

[CR001]

That is at least half of the hurdle then as they won't need to still apply for a license to sponsor.

My friends think I should see an immigration specialist, get them to look at the big picture and provide facts and recommendations then go back to my company and give them the findings - I know your sig says don’t PM but if you could recommend anyone in London feel free to

No recommendations allowed on the open forum and I don't recommend on PM either. I would strongly suggest you heed the advice given by FrontierMole, he is the most experienced member on Tier 2 General.

[gfunk]

Hey guys

I went to see an immigration specialist yesterday

Wouldn’t recommend this particular one as they just sat there and I had to ask all the questions

towards the end of the conversation after discussing how the market test should be done I mentioned the points system and my salary and they said that as the sponsor there’s a list of job titles and salaries that must be matched up - the NQF..

First off the NQF list is not made clear to persons seeking sponsorship, in the eligibility it simply lists the points based system

In this framework they have IT network admins & systems admins grouped in with the entry level support down on level 4.. with a very low recommended salary. The next level up is Systems Architect and Planning type people, I really think this needs to be reviewed..

I’m guessing the Government doesn’t allow any flexibility in mixed job descriptions etc..?


Here is a link to the NQF if anyone finds it useful:
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf