Tier 2 ICT to Tier 2 General to ILR (Apr'10)

[san_81]

Hi Team,

I came to UK in between of 6 April 2010 - 5 April 2011 on T2 ICT visa and Now I have got sponsor(MNC company) and they are willing to sponsor T2 General visa.

But their solicitor is telling that, it is not possible for me to switch to T2 Gen and even they contacted Home office and they are also saying the same.

In the UKBA site link, https://www.gov.uk/tier-2-general/switch-to-this-visa is also mentioned that, only acceptable is as below

"Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor "

May I know, is it possible to switch? If yes then any where in UKBA site It is mentioned the same?

I need some kind of evidence from UKBA to convince my possible future employer. Hence asking.

Please advise

[junnu123]

What was your ICT visa sub category when you first came to UK?I think only Tier 2 ICT Established staff sub category are eligible to switch to Tier 2 general as per the guidelines.

[CR001]

I came to UK in between of 6 April 2010 - 5 April 2011 on T2 ICT visa and Now I have got sponsor(MNC company) and they are willing to sponsor T2 General visa.

It would be helpful if you stated the following if you expect any help from strangers on the internet.

1. Date you APPLIED and PAID for your ICT visa.

2. Start date of your ICT visa and expiry date of first visa.

3. Date you ENTERED the UK.

4. Which category of ICT visa was it (short term, long term, established staff, etc).

[san_81]

I came to UK in between of 6 April 2010 - 5 April 2011 on T2 ICT visa and Now I have got sponsor(MNC company) and they are willing to sponsor T2 General visa.

It would be helpful if you stated the following if you expect any help from strangers on the internet.

1. Date you APPLIED and PAID for your ICT visa.

Actually, i am not sure about this, As it was done in 2010. Is there anyway to find out the same?

2. Start date of your ICT visa and expiry date of first visa.

Start date of ICT was 28-06-2010 and expiry date of first visa was 27-07-2011

3. Date you ENTERED the UK.

I cam eot UK on 4-07-2010

4. Which category of ICT visa was it (short term, long term, established staff, etc).

It say as "Tier 2(ICT) Established staff”

[CR001]

1. Date you APPLIED and PAID for your ICT visa.

Actually, i am not sure about this, As it was done in 2010. Is there anyway to find out the same?

A Subject Access Request from HO??

2. Start date of your ICT visa and expiry date of first visa.

Start date of ICT was 28-06-2010 and expiry date of first visa was 27-07-2011

Unlikely you submitted your application before 6th April 2010. You fall under the pre 6 April 2011 rules.

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

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.

[san_81]

Thank you for the reply CR001.

Will check and try to sort it.

[Vb79]

Hey Guys,
What was the outcome of this discussion ? I am in similar situation. I came to uk in Nov 2010 in ICT establishes staff visa. And now have an employer who is willing to sponsor Tier 2 general visa for me. Can I switch to tier 2 general and join my new employer ?
Please can someone help ?
Regards,
V

[poper]

Yes