How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2134
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

Hi I am in the UK on Tier 2 since 2008 ( General from 2008

Resolved Question:

Hi

I am in the UK on Tier 2 since 2008 ( General from 2008 to oct 2010 , ICT from oct 2010 to 2012 ). Im in the process of getting the ICT visa for another 2 years.

1> Could you please let me know the process and eligibility to switch to a different employer in the UK on Tier 2 General . Not sure how I can change from ICT to general considering the latest rules of immigration.

2> Am I eligible to apply for ILR in Oct 2013 if I get an extension on ICT or if I switch to Tier 2 General.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

1. To switch to a different employer you will need to inform the UK and obtain a certificate of sponsorship from your new employer. You will then need to submit an application to the UKBA whom will issue you with a visa pertaining to the new employer.

 

2. If you have been on a Tier 2 visa continuously without a break for 5 years and you meet the salary requirement for your current employment, you will be eligible to apply for indefinite leave to remain.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards,

Customer: replied 2 years ago.

Dear Expert


 


Thanks for your response on this. Regards XXXXX XXXXX guideline as below , I have a few doubts / questions. Please could you clarify / advise .


 


You Said - 1. To switch to a different employer you will need to inform the UK? and obtain a certificate of sponsorship from your new employer. You will then need to submit an application to the UKBA whom will issue you with a visa pertaining to the new employer.


 


My doubts - 1> Is this possible as per current UKBA rules ?


2> Will my transition from Tier 2 ICT to Tier 2 General require me to be in my base country? Or can the application be done from inside the UK also. 3> Is it possible for the new company to apply for my COS inspite the fact Im already on a COS with current employer - Do i have to resign before the new company applies for my COS 4> If the new company does not get a COS then will it affect my current job ?


 


There are so many UKBA rules changes recently , its really difficult for me to keep trak of evey immigration rule change.


 


Regards XXXXX XXXXX response on the second point - just to doubly confirm from u - I would like to give you my visa details from 2008


 


Oct 2008 - Oct 2010 : Work permit ( general) Tier 2


Oct 2010 - Oct 2012 : Tier 2 ICT Long term Est Staff


Oct 2012 - Oct 2014 : Currently applying for extension in ICT category.

Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

Please let me clarify:

 

1. It is possible if you are switching to a different employer and are currently on a Tier 2 General Visa, you can switch your employer if your are on Tier 2 ICT if you are on a:

 

  • Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
  • Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor
  •  

    2. You can apply from inside the UK you do not need to be in your home country.

     

    3. Yes a company can apply for a new COS provided they meet the UKBA requirements. You can resign once you have obtained the visa. If the company does not obtain a COS then your employment will not be effected.

     

    My advise to your would be to extend your ICT if your sponsor is willing (which by what you have stated they are) then in Oct 2013 apply for indefinite leave to remain. As long as you have been inside of the UK on a Tier 2 visa for 5 years you can apply for indefinite leave to remain.

     

    I hope this clarifies the issue, if so kindly rate my answer positively.

     

    Kind regards

     

    4.

    Customer: replied 2 years ago.

    Oh Thanks for your response on this. Based on the details I have given you , Im on ICT only from Oct 2010 ( before 2010 Apr - I was on Tier 2 general) Im a bit confused here as you mentioned the below 2 points -


     


  • Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor

  • Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor

  •  


    Point 1 does apply , but Point 2 may not aply for me - Please if you could confirm if I am eligible to change Job in UK. i have already shared with you my Visa details . Thanks & regards.


     

    Expert:  UK_Lawyer replied 2 years ago.

    Thank you for your response.

     

    If you are either a :

     

  • Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
    OR
  • Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor
  •  

    You can switch into a Tier 2 general category.

     

    I hope this clarifies the issue, if so kindly rate my answer positively.

     

    Kind regards

    Customer: replied 2 years ago.
    Thanks for that . I will rate it positively . Regards
    Expert:  UK_Lawyer replied 2 years ago.

    It's a pleasure.

     

    Thank you.

    UK_Lawyer, Solicitor
    Satisfied Customers: 2134
    Experience: I am a qualified solicitor and an expert in UK law.
    UK_Lawyer and other UK Immigration Law Specialists are ready to help you

    JustAnswer in the News:

     
     
     
    Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
    JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
    Web sites like justanswer.com/legal
    ...leave nothing to chance.
    Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
    Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
    I will tell you that...the things you have to go through to be an Expert are quite rigorous.
     
     
     

    What Customers are Saying:

     
     
     
    • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
    < Last | Next >
    • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
    • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
    • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
    • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
    • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
    • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
    • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
     
     
     

    Meet The Experts:

     
     
     
    • Thomas

      Solicitor

      Satisfied Customers:

      1518
      BA (Hons), PgDip, Practising Solicitor
    < Last | Next >
    • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

      Thomas

      Solicitor

      Satisfied Customers:

      1518
      BA (Hons), PgDip, Practising Solicitor
    • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

      INC

      Solicitor-Advocate

      Satisfied Customers:

      793
      LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
    • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

      UK_Lawyer

      Solicitor

      Satisfied Customers:

      782
      I am a qualified solicitor and an expert in UK law.
    • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

      A Hayat

      Immigration Solicitor

      Satisfied Customers:

      205
      13 years specialist skill in UK Immigration & Nationality Law
    • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

      Paul Richmond

      Barrister

      Satisfied Customers:

      114
      LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
    • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

      Awan-Legal

      Solicitor

      Satisfied Customers:

      95
      Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
    • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

      John Knox

      Solicitor

      Satisfied Customers:

      19
      solicitor with 8 years experience