URGENT QUERY - Tier 2 ICT to Tier 2 G with same sponsor Sal >£159600

[Manoviraj]

Hello Admins ,

Can I please request help me on an urgent query.

I originally came to UK in 2009 with a WP valid till 2012. I left back in 2010 and didnt renew it.

Then i came to UK again on a new tier 2 ICT visa in April 2013 (same sponsor as earlier) and completed 5 years this year ; but since my salary is now more than £120K, i was able to get a four year extension last month

Now i am keen to shift to the TIer 2 General category so that i have a path to citizenship; and my sponsor is willing to give me a salary higher than £159600 . my question are just 2 straight ones :

1. Am i allowed to apply for a T2G visa with the same sponsor whose tier 2 ICT visa i currently hold if my salary is more than $159600 (without cooling off period)
2. If yes to above, can i apply from within UK for the same or will need to go to home country and apply from there ?

please do advise..

thanks

[CR001]

Immigration Rules Part 6a - 245HD(c)(iii) (click)

245HD. Requirements for leave to remain
To qualify for leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion Migrant or Tier 2 (Sportsperson) Migrant under this rule, an applicant must meet the requirements listed below. if the applicant meets these requirements, leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) the applicant must:
(i) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Representative of an Overseas Business
(4) a Tier 5 (Temporary Worker) Migrant, or
(5) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant,
or
(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 4 Migrant and, in respect of such leave, is or was last sponsored by:
(1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department for the Economy in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
(2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
(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.

[CR001]

You were advised of this already by 'manci' in 2016 when you also asked the question.

uk-tier-2-employer-sponsored-visas/tier ... l#p1329407

[Manoviraj]

Dear CR001,

Many thanks for response and also reminding me of my previous question. but you might appreciate that while indeed there were common elements, my circumstances as well some rules have changed in the interim i understand. Can i humbly request your help to resolve one ambiguity now

In the rules you have shared with me, it is not clear that the clause "not be applying to work for the same Sponsor as sponsored him when he was last granted leave" - it is like bullet of a sub bullet - so is this really applicable for the high earner category T2ICT to T2G case ? - if i see the previous response by manci he did not mention this specific point - he said i can apply for the high earner category T2G - but will need to apply from the home country . Can you please just advise that if i was to leave uk and reapply from the home country - and with a assured pay over £159600 now with the new rules -- can i do it with the same sponsor ? This is the core ambiguity puzzling me so please just respond once for sure.

Secondly - does the definition of "assured pay" includes base salary and guaranteed bonus (explicitly stated) - or only and singularly the base salary ?

thanks a lot for your patience as well as your guidance. this is a very important decision to me as i will be risking my current T2ICT valid for 4 more years so really want to play it carefully

[Manoviraj]

Dear CR001,

just to make my first question above more succinct - the key point is that while 254HD as you shared mentions the above.. does the content of the last para of 254 HG below - serve as an exception to above (That is - is the high earner category applicant exempt from the conditions mentioned)

under para 245HB(g):

"(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, 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, unless the applicant:
(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £155,300 per year or higher."

[Manoviraj]

Sorry for posting in instalments sir -- but just see this latest extract from home office version 29.0 published in jan 2018 (copy at https://assets.publishing.service.gov.u ... 9.0ext.pdf)


This page provides an overview of Tier 2 (General).
Eligibility requirements Applicants must:
• not fall for refusal under general grounds for
refusal
• 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, unless they:
o were not in the UK with leave as a Tier 2
migrant during this period and provide
evidence to show this
o were only in the UK as a Tier 2 migrant during
the last 12 months for a short period or
periods with a certificate of sponsorship (CoS)
which was assigned for 3 months or less
who will earn a gross salary of £159,600 or higher
• have a job offer and a certificate of sponsorship
(CoS) from an organisation that is a licensed
sponsor in the UK
• have a minimum of 50 points for attributes
• score 10 points for the English language
requirement
• score 10 points under the maintenance
requirement
• be over 16 years old.
Applicants must not be in breach of immigration laws,
except for those permitted under the Immigration rules
in relation to overstaying.

[Manoviraj]

Dear CR001 -- as you will see above all it states is "• have a job offer and a certificate of sponsorship
(CoS) from an organisation that is a licensed sponsor in the UK"

It does not mention the point about same sponsor at all in the latest version . I would really appreciate if you can carefully analyse above and provide your final advice sir.