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Switch to Tier2 General from Tier 2 Established Staff

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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rkbalu31
Newbie
Posts: 37
Joined: Fri Apr 28, 2017 6:02 pm

Switch to Tier2 General from Tier 2 Established Staff

Post by rkbalu31 » Tue Nov 28, 2017 12:24 pm

Hello Team,
I came to UK during Dec'2010 with my entry clearance visa type as Tier2 -Established Staff. Since then I've been extending my visa, and the current one expires on Jan'2020.

However, I recently got an opportunity with sponsorship from different employer. I was in the assumption that I'm eligible to switch to Tier 2 General (With in UK). But, there seems to be some change recently, because this page use to have an option for Established staff is possible, but no more now.

https://www.gov.uk/tier-2-general/switch-to-this-visa

I'm not sure if this is anything to do with recent change or any error in the above page. Any help in this one would be really helpful!!

Thanks in advance!!

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CR001
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Posts: 88118
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Switch to Tier2 General from Tier 2 Established Staff

Post by CR001 » Tue Nov 28, 2017 1:32 pm

That is only an overview/guidance.

The immigration rules clearly state the requirements.

uk-tier-2-employer-sponsored-visas/swit ... 88997.html
245HD(c) applies...
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.
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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rkbalu31
Newbie
Posts: 37
Joined: Fri Apr 28, 2017 6:02 pm

Re: Switch to Tier2 General from Tier 2 Established Staff

Post by rkbalu31 » Tue Nov 28, 2017 1:54 pm

Thanks you so much for your response!

My current employer asking me to serve notice period before I get relieved from the current role. And, I yet to receive the CoS from the new employer.

My question here is that
1) can i stay with 2 CoS having overlap dates?

2) if no for 1, can i finish off the work from the current employer and then get new CoS from new employer to apply for switch? In this case, if any delay in getting new CoS, can i stay in this country without CoS as i assume my prev employer would have notify UKBA about my resignation?

3) if both the above are not an option, what is legally good option to switch with out leaving this country?

Could you please help me with this queries? Thanks in advance!!

rkbalu31
Newbie
Posts: 37
Joined: Fri Apr 28, 2017 6:02 pm

Re: Switch to Tier2 General from Tier 2 Established Staff

Post by rkbalu31 » Wed Nov 29, 2017 9:44 pm

Could some one please help me with the above queries. Also, when i switch my visa type, do i need to switch my dependent visa type as well(they have Tier 2 ICT Long term visa until Jan'2020).

Thanks in advance!!

charan1093
Newly Registered
Posts: 10
Joined: Mon Sep 10, 2018 10:43 pm
India

Re: Switch to Tier2 General from Tier 2 Established Staff

Post by charan1093 » Mon Oct 29, 2018 10:49 pm

Hi rkbalu31,

Have you managed to changed your visa from Established staff to Tier 2 General with in UK?

Can you pls reply if you get chance?

Thanks in anticipation!!

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