Tier 2 ICT condition (?)

[anilisanil]

Hi all,

Just a quick question- I have a tier 2 ICT visa which will expire next year.

While I do understand that I cannot switch to Tier 2 G unless certain conditions are met, I was not aware of what I was subscribing to (that I cannot switch to T2G and the cool off period) when I applied for visa.

I asked for this info from Right to information but got no conclusive answer.

Does anyone know whether the conditions back in 2014 for T2 ICT requires us to declare that we are aware of implications of taking this visa up? Is there a legal ground?

I am asking because, many of my colleagues have joined on both the visa types (tier 2 general and tier 2 ICT) and honestly it is just a matter of what visa was easier and faster to get than anything else, having said that, I was wondering how/whether I was locked into this visa without my explicit knowledge. Obviously, if I signed into terms and conditions stating I am aware of implications (locked down to an employer, not eligible to settle, cooling off period etc) then I can't do anything. But I am trying to find out if there is any such statement we signed when applying for the visa.

[CR001]

Settlement/ILR on ICT has not been possible for any ICT visas issued from 6th April 2010, so the cooling off period and right to settle would not have been a 'new' change.

It really depends on your employer and what category of Tier 2 sponsorship they hold (less rigmarole for them to do ICT).

There is no HO requirement to 'declare you know the restrictions' so no there is no 'legal ground' in that respect. You signed an application form for a visa and HO granted you what you applied for. It is an applicants responsibility to make sure they know what they are applying for, all documents are submitted etc.

What you have signed with your employer is also not an immigration related issue and I doubt you could do anything about it anyway.

[anilisanil]

Settlement/ILR on ICT has not been possible for any ICT visas issued from 6th April 2010, so the cooling off period and right to settle would not have been a 'new' change.

It really depends on your employer and what category of Tier 2 sponsorship they hold (less rigmarole for them to do ICT).

There is no HO requirement to 'declare you know the restrictions' so no there is no 'legal ground' in that respect. You signed an application form for a visa and HO granted you what you applied for. It is an applicants responsibility to make sure they know what they are applying for, all documents are submitted etc.

What you have signed with your employer is also not an immigration related issue and I doubt you could do anything about it anyway.

thanks for the quick reply.

So, will I have a case if I contended that I did not know about all these conditions? ( I honestly did not know, my company asked me to take up an assignment here and I just took it). But now I find myself in thick soup as I cannot demand the high salaries that are required to go around the cool off period.

My company sponsors both the visas (ICT and General) and I have in my team people who hold General visa doing the same work as I do. But they can stay back and I have to leave just because I am on a different visa.

Life is not fair and shit happens, but I just wanted to try one last thing before resigning to the situation.

[CR001]

No, you don't have a case.

Your employer sent you here for an assignment and sponsored you on ICT. You should have done more research back then and asked if you could come on a Tier 2 General visa, however they could have still said no it must be ICT.

[CR001]

You have previously asked about ICT to PBS Dependent to Tier 2 General and the advice still remains the same, you would need 12 months on PBS Dependent before you can apply for Tier 2 General. So the need to 'spend the 12 month cooling off period' outside the UK is not cast in stone.

uk-tier-2-employer-sponsored-visas/tier ... l#p1141301