Tier 2 ICT dependent to Tier 2 general visa

[Anshuj6688]

Hi,

I am from India, currently on a Tier 2 ICT dependent visa and permanently employed by a company here in UK.
My company has agreed to provide me all the documentation required to transfer to Tier 2 general visa but I will have to take care of visa fees and the whole process.

Could you please guide me through the transfer process.

TIA

[noajthan]

Hi,

I am from India, currently on a Tier 2 ICT dependent visa and permanently employed by a company here in UK.
My company has agreed to provide me all the documentation required to transfer to Tier 2 general visa but I will have to take care of visa fees and the whole process.

Could you please guide me through the transfer process.

TIA

RLMT

[Anshuj6688]

Can you elaborate your question

[CR001]

Is your employer an HO approved sponsor?

They have to conduct the full and proper RLMT (residence labour market test) to prove to HO that you have NOT been 'pre-selected' for the position, which is fairly difficult considering that you are currently employed in the position, so there is no real 'vacancy'. Your employer has to prove that there is not British/EU or ILR person suitable for the job.

You have to apply from home country and you also have to pay the immigration health surcharge.

[Anshuj6688]

I believe my company is HO approved sponsor as it has previously sponsored other employees.

I read the RLMT process and found that there is an exception if "if the migrant is already working for the same employer and they need to extend their leave to remain to continue working for the same employer in order to do the same job then a RLMT does not need to be carried out by the employer".

Is it correct?

[CR001]

You are not 'extending' so are not exempt from RLMT. You are applying for a NEW Tier 2 General visa. Extending refers to an application for extending a 'current' visa with the same sponsor.

[noajthan]

I believe my company is HO approved sponsor as it has previously sponsored other employees.

I read the RLMT process and found that there is an exception if "if the migrant is already working for the same employer and they need to extend their leave to remain to continue working for the same employer in order to do the same job then a RLMT does not need to be carried out by the employer".

Is it correct?

Tier 2 ICT dependent visa ≠ Tier 2 general visa

[Anshuj6688]

Ok. I got that. Now, is there any way to transfer the visa without RLMT in my case?

If not, then how this RLMT process can be done in my case?

[CR001]

Ok. I got that. Now, is there any way to transfer the visa without RLMT in my case?

No. Unless you earn in excess of £155,300 per annum.

If not, then how this RLMT process can be done in my case?[/quote]
If your sponsor is approved, they should know what needs to be done. It is not your responsibility to do it. The first thing is that they have to advertise the 'vacancy' on 2 websites for 28 days.

[Anshuj6688]

Ok. Since I am already an employee. Can this RLMT process affect my employment in any way?

[CR001]

Won't affect your employment, but will definitely cast doubt by HO on the 'genuineness' of the RLMT and you effectively being 'pre-selected' for the position. There isn't a 'real vacancy' if you are in the job.

Your sponsor has to provide documentary evidence of applicants to prove the RLMT on why no one else was suitable to do your job.

[noajthan]

Ok. Since I am already an employee. Can this RLMT process affect my employment in any way?

Well if employer advertises vacancy, goes through RLMT, and discovers a better UK or EU candidate then they may well offer that candidate the job as it would make optimal business sense.

[Anshuj6688]

Well, I didn't realize that there could be so much trouble in switching. Getting a nice job in UK was no less.
Anyways, Thanks a ton for your help.

[CR001]

There is no 'trouble' in applying for a Tier 2 General (not switching as you have to apply outside the UK), provided it is a genuine vacancy and no suitable British/EU or ILR people are found. RLMT is to give the settled people in the UK employment opportunities too.

The problem is that there have been many refusals due to the 'pre-selected' for people already in the position for which RLMT is conducted. HO is strict on this.

If you find another position in the same company, you could try as you would then apply for the position. Or you could find another sponsoring employer too.

[Anshuj6688]

Okay. I will discuss this with HR regarding a new postion. Thanks

[CR001]

You would still have to apply and follow the same process. They also can't been seen to have 'created' a position for you to 'authenticate' the RLMT. Just be careful, that is all. A refusal will stay on your immigration record.

[Anshuj6688]

Hi,

I am on Tier 2 ICT dependent visa and I am working in UK. I have got CoS from my company. I have few questions on how to proceed further:

1. What is the minimum salary requirement? I see Gov.uk has 28k as minimum but different people are suggesting different things.
2. I need to apply from home country?
3. Where should I fill the visa application form - gov.uk or vfs?

Thanks,
Anshu

[CR001]

1. Depends on your SOC code, but from April 2017, ££30,000.

2. Yes you have to apply from home country.

3. Online - https://www.gov.uk/tier-2-general/apply

Has the full and proper RLMT been done, as asked already in your topic??

[Anshuj6688]

Thanks for the reply. Yes proper RLMT has been done. The job advertised on 2 sites and all.

Is making visa application complicated? Should I take help from any immigration lawyer? I reaaly confused about which ones are genuine and they charge quite a lot.

[CR001]

No it is not complicated. Just follow the links and the guidance notes.

[Anshuj6688]

Ok. while filling up the online form, I came across the visa type. I am confused between 2 - Tier 2 (General) visa or Tier 2 (General Shortage Occupation). My Cos has Tier 2 (general - Switching Immigration Category) on it.

[CR001]

Normal T2G then unless you have an SOC that is on the shortage occupation list.

[Anshuj6688]

Thanks, I got that. What is the difference between applying through visa4uk or vfs. Which is better?

[CR001]

VFS is where you submit your application/passport etc. They are an agent for UKVI.

You apply on the visa4uk site.

[Anshuj6688]

ok. Can I apply on visa4uk while I am in UK and get an future appointment date to submit my application/passport in India and then travel to India.

For 'Date of Intended Travel' in application form, do I need to have a ticket for India to UK travel or an approx date is fine?