Returning to the UK on a Tier2 General visa

[Tomychan]

Hi friends,

I was in the UK on Tier 2 ICT visa from August 2011 to July 2016. I had to leave the UK because of the
Tier 2 ICT cooling off period. Now, my company is planning for a Tier 2 General visa. I have the below
questions and please can someone answer my queries:

(1) With the Tier 2 General visa, will we be able to apply for ILR after 5 years in the UK? I do not want
to take a chance, if ILR is not possible after 5 years as this will affect my kids education and my family.

(2) Can we apply for a 5 year visa in the first instance itself instead of the 3 year visa (where we have to
extend again after 3 years)?

(3) Do I need to do/pass any sort of tests for applying for the Tier 2 General visa as I was on Tier 2 ICT visa
initially and there were no tests to be done/passed.

(4) Do we need to do the TB tests again?

(5) Do we have to submit any proof that we were out of the country after the Tier 2 ICT visa expiry?

Someone kindly reply to my above queries as I need to let the company know my decision at the earliest.

Kinds regards
Toms

[CR001]

(1) With the Tier 2 General visa, will we be able to apply for ILR after 5 years in the UK? I do not want
to take a chance, if ILR is not possible after 5 years as this will affect my kids education and my family.

Yes, ILR is possible after 5 years on Tier 2 General if you meet all the requirements.

(2) Can we apply for a 5 year visa in the first instance itself instead of the 3 year visa (where we have to
extend again after 3 years)?

Yes, but how long the visa you apply for is depends entirely on how long your CoS is valid for. If it is for 3 years, you can only apply for a 3 year visa.

(3) Do I need to do/pass any sort of tests for applying for the Tier 2 General visa as I was on Tier 2 ICT visa
initially and there were no tests to be done/passed.

You need to meet the English requirement.

(4) Do we need to do the TB tests again?

Yes.

(5) Do we have to submit any proof that we were out of the country after the Tier 2 ICT visa expiry?

No. The cooling off period starts from the date you left the UK. An Airticket and boarding pass should be ok.

[Tomychan]

Thanks for your quick reply.

To prove my proficiency in English what do I need to do/submit please? As I was already in the UK for 5 years on a Tier 2 ICT visa, do I already qualify for it please?

As I am an IT professional, do I really need to prove my English proficiency? As per my understanding, this is mainly for medical professionals. Correct me if I am wrong.

Also, the English proficiency test is needed only when applying for ILR, is that right?

I would appreciate if you could reply for my above queries and correct me.

Cheers
Toms.

[CR001]

Your assumptions on being exempt from meeting the English requirements are wrong.

I suggest you read the tier 2 guidance notes or the HO Web link below.

https://www.gov.uk/tier-2-general/knowledge-of-english