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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13259
Experience:  Solicitor
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I am working in the UK with a TIER 2 ICT Visa from March 2010.Can

Customer Question

I am working in the UK with a TIER 2 ICT Visa from March 2010.

Can I switch the visa to TIER 2 General from within the UK so that I can switch my employer.

Also, I understand that the I am eligible for ILR as I am in the UK before april 2010.
If I switch to TIER 2 general, then will I still be able to get the PR in 2015?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 2 years ago.
You cannot change your existing permission unless you change jobs either with your existing employer or with a new one. You can apply for a tier 2 general visa if you are offered another job and you can submit a change of employment application but you new employer will have to go through the normal tier 2 process of showing that the resident Labour test is satisfied etc. You cannot just apply for any job unless it is a job for which the sponsor employer can show should be eligible for a work permit.

On what basis your ICT ? short or long term? If it is short term then you may not be eligible to stay long term otherwise you can apply for ILR after 5 years residence
Customer: replied 2 years ago.
Yes I am on long term ICT issued in March 2010.
Can a new employer issue certificate of sponsorship (COS for Tier 2 general) when I am in Tier 2 ICT.
If yes, will the existing employer get to know that I have been issued with a new COS.

After I get a COS and the visa application gets rejected for some reason would that affect my current immigration status (Tier 2 ICT-March 2010 to March 2013). Also will my current employer get to know that my visa application had been logged and got rejected.

How long will the Tier 2 be issued for? Is it 3 years from the date of application or for the rest of the time allowed by my existing Tier 2 ICT ie March 2013.
Expert:  Senior Partner replied 2 years ago.
Yes your new employer can apply. You do not need to resign until you get permission to switch and there is no need to tell your employer

You can get up to three years under tier2 general
Customer: replied 2 years ago.
When you say "permission to switch" does that mean COS or Tier 2 general visa.
Expert:  Senior Partner replied 2 years ago.
when you apply to get a tier general it is a change of employment application that is what I meant.
Customer: replied 2 years ago.
Can I apply from within the UK, and switch the job, without having to go back to home country(India) and re-enter to the UK
Expert:  Senior Partner replied 2 years ago.
Yes you can. It is only if you are prohibited from switching that you have to leave
Customer: replied 2 years ago.
I am sorry. I did not understand the second sentence
Expert:  Senior Partner replied 2 years ago.
You asked if you can switch to which the answer is yes. If you can switch then of course you do not need to leave the country. It is only when you are in a category in which you cannot switch that you have to leave the country and apply from abroad. if you have to apply from abroad it is because you are making a new application which you were not allowed to make from in the uk. For example if you are here as a visitor you cannot apply for a tier2 but have to leave and apply from abroad.

Please press accept so I am credited for my time
Senior Partner, Solicitor
Satisfied Customers: 13259
Experience: Solicitor
Senior Partner and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for the explanation.

Sorry for the delay.
Here comes my acceptance.

I can still post my queries regarding the same, Can't I?
Expert:  Senior Partner replied 2 years ago.
You can continue ot post queries ot this string or post a new question for me.

Good luck

Customer: replied 2 years ago.
After I get a COS and the visa application gets rejected for some reason would that affect my current immigration status (Tier 2 ICT-March 2010 to March 2013)
Expert:  Senior Partner replied 2 years ago.
No your current leave to remain is valid as long as you remain in the job.

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