Tier 2 ICT to Tier 5 Youth Mobility

[azzawor]

Hi All,

Hoping to get some advice

I currently hold a Tier 2 Intra Company Transfer visa (long-term); the visa was issued in 2013 and expires in 2018 (5 year visa). The end goal for me is to switch to a Tier 2 (General). My current employer wants me to stay with the company in the UK and will help out as much as possible (besides paying me 120Kp.a ).
I have read a lot about this and basically in my case I believe I cannot switch to a Tier 2 General from a Tier 2 ICT without going through a 12 month cooling off period. However I am 30 year old Australian and qualify for the Tier 5 (Youth Mobility Scheme) visa. Thus my plan is to switch to a Tier 5 then to a Tier 2 General without going through a 12month cooling period. I intend to stay with the same employer throughout all these visas (my employer is willing to sponsor me).

From what I have read this is all within the requirements and is possible.

But I some have some specific questions anyways:

• Would I have to serve any cooling off period before applying for a Tier 5 from a Tier 2 ICT? - I assume no.

• Once on a Tier 5 could I continue to work for my current Tier 2 ICT Employer? - I assume yes.

• Once on a Tier 5 would this automatically mean that my Tier 2 ICT would be cancelled? - I assume yes.

• Once on a Tier 5 would I have to serve any cooling off period before applying for a Tier 2 (General)? - I assume no.

Thank you for your advice.

[CR001]

When do you turn 31??

You cannot 'switch' to T5YMS visa. Switch infers an application within the UK. You would have to apply from Australia.

https://www.gov.uk/tier-5-youth-mobility

Would I have to serve any cooling off period before applying for a Tier 5 from a Tier 2 ICT? - I assume no.

No.

Once on a Tier 5 could I continue to work for my current Tier 2 ICT Employer? - I assume yes.

Correct.

Once on a Tier 5 would this automatically mean that my Tier 2 ICT would be cancelled? - I assume yes.

Yes.

Once on a Tier 5 would I have to serve any cooling off period before applying for a Tier 2 (General)? - I assume no.

You would still need to wait for the full 12 months on Tier 5 before you can return home and apply for Tier 2 General, providing the full and proper RLMT process has been done to prove you are not 'pre-selected' for example.

[azzawor]

Thank you so much for your speedy reply.

When do you turn 31??

I turn 31 August 2018. Do you see any limitations around this?

You cannot 'switch' to T5YMS visa. Switch infers an application within the UK. You would have to apply from Australia.

So If I returned to Australia and applied for the T5YMS it would be fine?

[CR001]

i turn 31 August 2018. Do you see any limitations around this?

You must apply while you are still 30.

So If I returned to Australia and applied for the T5YMS it would be fine?

Should be fine.

[azzawor]

Thank You.

Do you think contacting the home office to confirm all this is a good idea?

[CR001]

Thank You.

Do you think contacting the home office to confirm all this is a good idea?

We understand the call centre is a third party agent and they often give out incorrect information and take no responsibility for it. Your choice if you want to give them a call.

[azzawor]

Ok. Thank you so much for all this. Glad there are nice people in the world like you

[CR001]

Ok. Thank you so much for all this. Glad there are nice people in the world like you

Aww, you're welcome. Feel free to ask any further questions you might have.

p.s. one thing which MIGHT be an issue is the quote below, highlighted bit.

posting.php?mode=quote&f=39&p=553829

245HD(c) applies...

(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

So,
1. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or
2. If a Tier 2 (ICT) migrant was issued leave as a Tier 2 (Intra-Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011,

then switching is allowed.

[azzawor]

Sorry, I couldn't access thread link "posting.php?mode=quote&f=39&p=553829" so I'm a bit confused .

Requirements for leave to remain wrote:
(c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:

(i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,

(ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and

(iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.

Aren't these requirements for when you are applying applying from a T2-ICT to a T2-General before 6 April 2010? If so I would assume that these requirements would not apply as I would be applying from a Tier 5 to a T2-General?

Are you highlighting (because of these requirements) there is a possibility that they might consider which company sponsored me whilst I was on a Tier 2 ICT when I apply for a Tier 2 General from a Tier 5?

[CR001]

Sorry, I couldn't access thread link "posting.php?mode=quote&f=39&p=553829" so I'm a bit confused .

Correct link below.
uk-tier-2-employer-sponsored-visas/swit ... 88997.html

Are you highlighting (because of these requirements) there is a possibility that they might consider which company sponsored me whilst I was on a Tier 2 ICT when I apply for a Tier 2 General from a Tier 5?

No, nothing to do with applying before 2010. It means you are coming back on Tier 5 to work for the same employer, then applying for Tier 2 General, again with the same employer, effectively circumventing this restriction. I am saying, this might be an issue for Tier 2 General.

[azzawor]

I have taken up your offer to ask further questions .

No, nothing to do with applying before 2010. It means you are coming back on Tier 5 to work for the same employer, then applying for Tier 2 General, again with the same employer, effectively circumventing this restriction. I am saying, this might be an issue for Tier 2 General.

Ahhh... ok thanks, I think I understand. I read 245HD(c). May I ask why you say "might" be an issue? Is there a chance It won't be an issue?
As ask this because with respect to 245HD(c) requirements:

• If I was to serve my 12month cooling-off period then applied for a T2-G with the same employer as my T2-ICT would 245HD(c) still apply?

• If I met section 245HB(g)(ii): got offered a new role that paid a gross annual salary £159,600 per year or higher then applied for T2-G with the same employer as my T2-ICT would 245HD(c) still apply?

With respect to your answer in your first reply:

You would still need to wait for the full 12 months on Tier 5 before you can return home and apply for Tier 2 General

Is this because of 245HB(g) "...the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application,..."
Can you please explain why I would not have to serve 12 months period outside the UK (i.e the 12-month cooling period) and instead I could serve the 12 month period within the UK?

Last question: T5-YMS applications and the best time to apply. For example If I apply this year (2017) and I get rejected because the annual allocation for Australia is take up can I apply again immediately next year 2018 when the allocation is reset? I am assume the allocations get reset every year?


Thanks heaps...again

[azzawor]

bump**