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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I am currently in the UK on a Tier 2 ICT : Established Staff

Customer Question

I am currently in the UK on a Tier 2 ICT : Established Staff which was issued in December 2010.
I am currently facing redundancy, and I have managed to get a new job offer,
I will be assigned a new CoS in the coming weeks, and wish to apply for an Tier 2 General from within the UK.
There is a conflict among consultants in the UK that it is not possible to switch from Tier 2 ICT to Tier 2 General from within the UK,
there is however information on the UK BA Website which says it is possible,
here is the link :
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/applying/
refer the section called :

More information
Can you switch into Tier 2 (General)? Close

Also on these immigration boards,

http://www.immigrationboards.com/viewtopic.php?t=90260&sid=af017f2bad1eca68ccbe815381100cba

Can you please confirm if this is possible at all ?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 2 years ago.
I am afraid the answer is not entirely clear. The current immigration rules do not appear to permit a transfer to tier 2 general as tier 2 ITC is not one of the categories that are eligible to apply for tier 2 general.

These rules were introduced during last year and I cannot find any amendments to allow a transfer to tier 2 general.

Nonetheless the UKBA guidance clearly states that you can transfer and the response given by UKBA published on the website you refer to appears to confirm this. They say the rules are being amended but I have seen nothing to show this.

I would suggest that you go ahead and apply because your alternative is to leave the UK and apply for a new tier2 which could be more difficult so If you have a new sponsor I would go ahead with the application.

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